HomeMy WebLinkAbout2021/07/27 Post-Meeting Agenda PackageI declare under penalty of perjury that I am employed
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Signed: n ri r
CHUiA VISTA
Mary Casillas Salas, Mayor
John McCann, Councilmember - District 1
Jill M. Galvez - Councilmember - District 2
Stephen C. Padilla - Councilmember- District 3
Andrea Cardenas - Councilmember- District 4
Maria V. Kachadoorian, City Manager
Glen R. Googins, City Attorney
Kerry K. Bigelow, City Clerk
REGULAR MEETING OF THE CITY COUNCIL
Date: July 27, 2021, 5:00 p.m.
Location: Council Chambers, 276 Fourth Avenue, Chula Vista, CA
View the Meeting Live in English & Spanish: chulavistaca.gov/councilmeetings
AT&T U -verse ch. 99 (San Diego County) Cox ch. 24 (Chula Vista in English only)
Welcome to your City Council Meeting
The City Council has transitioned back to holding live, in-person meetings.
PUBLIC COMMENTS: Public comments may be submitted to the City Council in the following ways:
In -Person comments during the meeting. Join us for the City Council meeting at the time and
location specified on this agenda to make your comments.
How To Submit eComments: Visit www.chulavistaca.gov/councilmeetings, locate this meeting and
click on the comment bubble icon. Click on the item you wish to comment on, then click on "Leave
Comment." eComments can be submitted when the agenda is published and until the conclusion of
public comments for the agenda item. eComments may be viewed by the City Council and members
of the public as they are submitted. If you have difficulty submitting eComments email your
comments to: cityclerk@chulavistaca.gov
HOW TO WATCH: Live stream is available at.www.chulavistaca.gov/councilmeetings. To switch the video to
Spanish, please click on "ES" in the bottom right hand corner. Recorded meetings are also aired on
Wednesdays at 7 p.m. (both channels above in English only) and are available on the City's website in
English and Spanish.
ACCESSIBILITY: Individuals with disabilities or special needs are invited to request modifications or
accommodations to access and/or participate in a City meeting by contacting the City Clerk's Office at
cityclerk(aDchulavistaca.gov or (619) 691-5041 (California Relay Service is available for the hearing impaired
by dialing 711) at least forty-eight hours in advance of the meeting.
REGULAR MEETING OF THE CITY COUNCIL
**POST AGENDA**
Date:July 27, 2021, 5:00 p.m.
Location:Council Chambers, 276 Fourth Avenue, Chula Vista, CA
View the Meeting Live in English & Spanish: chulavistaca.gov/councilmeetings
AT&T U-verse ch. 99 (San Diego County) Cox ch. 24 (Chula Vista in English only)
Welcome to your City Council Meeting
The City Council has transitioned back to holding live, in-person meetings.
PUBLIC COMMENTS: Public comments may be submitted to the City Council in the following ways:
In-Person comments during the meeting. Join us for the City Council meeting at the time and
location specified on this agenda to make your comments.
•
How To Submit eComments: Visit www.chulavistaca.gov/councilmeetings, locate this meeting and
click on the comment bubble icon. Click on the item you wish to comment on, then click on "Leave
Comment." eComments can be submitted when the agenda is published and until the conclusion of
public comments for the agenda item. eComments may be viewed by the City Council and members
of the public as they are submitted. If you have difficulty submitting eComments email your
comments to: cityclerk@chulavistaca.gov
•
HOW TO WATCH: Live stream is available at www.chulavistaca.gov/councilmeetings. To switch the video to
Spanish, please click on "ES" in the bottom right hand corner. Recorded meetings are also aired on
Wednesdays at 7 p.m. (both channels above in English only) and are available on the City's website in
English and Spanish.
ACCESSIBILITY: Individuals with disabilities or special needs are invited to request modifications or
accommodations to access and/or participate in a City meeting by contacting the City Clerk’s Office at
cityclerk@chulavistaca.gov or (619) 691-5041 (California Relay Service is available for the hearing impaired
by dialing 711) at least forty-eight hours in advance of the meeting.
SPEAKER TIME LIMITS: The time allotted for speakers may be adjusted by the Mayor.
- Five minutes* for specific items listed on the agenda
- Three minutes* for items NOT on the agenda (called to speak during Public Comments)
- A group of individuals may select a spokesperson to speak on their behalf on an agenda item, waiving
their option to speak individually on the same item. Generally, five minutes are allotted per person, up to
a limit of 30 minutes, although the limits may be adjusted. Members of the group must be present.
*Individuals who use a translator will be allotted twice the amount of time.
GETTING TO KNOW YOUR AGENDA
Agenda Sections:
CONSENT CALENDAR items are routine items that are not expected to prompt discussion. All items are
considered for approval at the same time with one vote. Councilmembers and staff may request items be
removed and members of the public may submit a speaker slip if they wish to comment on an item. Items
removed from the Consent Calendar are discussed after the vote on the remaining Consent Calendar items.
PUBLIC COMMENT provides the public with an opportunity to address the Council on any matter not listed on
the agenda that is within the jurisdiction of the Council. In compliance with the Brown Act, the Council cannot
take action on matters not listed on the agenda.
PUBLIC HEARINGS are held on matters specifically required by law. The Mayor opens the public hearing and
asks for presentations from staff and from the proponent or applicant involved (if applicable) in the matter
under discussion. Following questions from the Councilmembers, the Mayor opens the public hearing and
asks for public comments. The hearing is closed, and the City Council may discuss and take action.
ACTION ITEMS are items that are expected to cause discussion and/or action by the Council but do not
legally require a Public Hearing. Staff may make a presentation and Councilmembers may ask questions of
staff and the involved parties before the Mayor invites the public to provide input.
CLOSED SESSION may only be attended by members of the Council, support staff, and/or legal counsel. The
most common purpose of a Closed Session is to avoid revealing confidential information that may prejudice
the legal or negotiating position of the City or compromise the privacy interests of employees. Closed
sessions may be held only as specifically authorized by law.
Council Actions:
RESOLUTIONS are formal expressions of opinion or intention of the Council and are usually effective
immediately.
ORDINANCES are laws adopted by the Council. Ordinances usually amend, repeal or supplement the
Municipal Code; provide zoning specifications; or appropriate money for specific purposes. Most ordinances
require two hearings: an introductory hearing, generally followed by a second hearing at the next regular
meeting. Most ordinances go into effect 30 days after the final approval.
PROCLAMATIONS are issued by the City to honor significant achievements by community members,
highlight an event, promote awareness of community issues, and recognize City employees.
2021/07/27 City Council Post Agenda Page 2 of 391
Pages
1.CALL TO ORDER
2.ROLL CALL
3.PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
4.SPECIAL ORDERS OF THE DAY
4.1.Presentation by Chula Vista Redistricting Commission Chair Gloria Hurtado
Regarding the Launch of the First Round of Community Workshops to Receive
Public Input
10
5.CONSENT CALENDAR (Items 5.1 through 5.11)
All items listed under the Consent Calendar are considered and acted upon by one
motion. Anyone may request an item be removed for separate consideration.
RECOMMENDED ACTION:
Council approve the recommended action on the below consent calendar items.
5.1.Written Communications 18
Memorandum from Deputy Mayor McCann Requesting an Excused Absence
from the June 15, 2021 City Council Meeting.
RECOMMENDED ACTION:
Excuse the absence.
5.2.Waive Reading of Text of Resolutions and Ordinances
RECOMMENDED ACTION:
Approve a motion to read only the title and waive the reading of the text of all
resolutions and ordinances at this meeting.
5.3.Solid Waste and Recycling: Amend the Chula Vista Municipal Code Regarding
the Definition of Organic Waste, Enforcement Procedure to Prevent Disposal of
Organic Waste, and Modification to the Processing of Delinquent Collection
Payments
19
Report Number: 21-0097
Location: No specific geographic location
Department: Economic Development
Environmental Notice: The activity is not a “Project” as defined under Section
15378 of the California Environmental Quality Act State Guidelines; therefore,
pursuant to State Guidelines Section 15060(c)(3) no environmental review is
required. Notwithstanding the foregoing, the activity qualifies for an Exemption
pursuant to Section 15061(b)(3) of the California Environmental Quality Act State
Guidelines.
2021/07/27 City Council Post Agenda Page 3 of 391
RECOMMENDED ACTION:
Adopt an ordinance amending various sections of Chula Vista Municipal Code
Chapters 8.24 and 8.25 to update the definition of organic waste, authorize the
City Manager to develop an enforcement procedure to prevent the landfill
disposal of organic waste, and modify the processing of delinquent waste
collection payments (Second Reading and Adoption).
5.4.Third Avenue Curb Cafes and Sidewalk Cafes: Approve a Reimbursement Grant
Program for Curb Cafes and Sidewalk Cafes on Third Avenue and Streamline the
City's Permit Processes for Certain Encroachments Within the Public Right-of-
Way
63
Report Number: 21-0101
Location: Third Avenue between E Street and G Street
Department: Economic Development
Environmental Notice: The activity is not a “Project” as defined under Section
15378 of the California Environmental Quality Act State Guidelines; therefore,
pursuant to State Guidelines Section 15060(c)(3) no environmental review is
required. Notwithstanding the foregoing, the activity qualifies for an Exemption
pursuant to Section 15061(b)(3) of the California Environmental Quality Act State
Guidelines.
RECOMMENDED ACTION:
Adopt an ordinance amending Chula Vista Municipal Code chapter 12.28
"Encroachments," to streamline the City's permitting process for certain
encroachments within the public right-of-way and make certain updates
(Second Reading and Adoption).
5.5.Bayfront Project Special Tax Financing District: Considering an Ordinance
Authorizing the Levy of a Special Tax
86
Report Number: 21-0100
Location: Bayfront Project Special Tax Financing District
Department: Development Services
Environmental Notice: The activity is not a "Project" as defined under Section
15378 of the California Environmental Quality Act State Guidelines; therefore,
pursuant to State Guidelines Section 15060(c)(3) no environmental review is
required.
RECOMMENDED ACTION:
Acting as the legislative body of the Bayfront Project Special Tax Financing
District: Adopt an ordinance amending Ordinance No. 3481 and authorizing the
levy of a special tax in such district pursuant to an amended and restated rate
and method of apportionment (Second Reading and Adoption).
2021/07/27 City Council Post Agenda Page 4 of 391
5.6.Program Participation: Authorize Submittal of an Oil Payment Program
Application to CalRecycle as the Regional Lead Participant for the South
Bay/East County Used Oil Program
95
Report Number: 21-0103
Location: No specific geographic location
Department: Economic Development
Environmental Notice: The activity is not a “Project” as defined under Section
15378 of the California Environmental Quality Act State Guidelines; therefore,
pursuant to State Guidelines Section 15060(c)(3) no environmental review is
required. In addition, notwithstanding the foregoing, the activity also qualifies for
an Exemption pursuant to Section 15061(b)(3) of the California Environmental
Quality Act State Guidelines.
RECOMMENDED ACTION:
Adopt a resolution approving the submittal of a regional Oil Payment Program
application to CalRecycle as the regional lead participant for the South Bay/East
County Used Oil Program.
5.7.On-Call Agreements for Geotechnical, Materials Testing, and Special Inspection
Consultant Services: Approve Agreements with Four Geotechnical Consultants
to Provide On-Call Services
126
Report Number: 21-0066
Location: No specific geographic location
Department: Engineering & Capital Projects
Environmental Notice: The Project qualifies for a Categorical Exemption pursuant
to the California Environmental Quality Act State Guidelines Section 15301 Class
1 (Existing Facilities), Section 15306 Class 6 (Information Collection), Section
15309 Class 9 (Inspections), and Section 15061(b)(3).
RECOMMENDED ACTION:
Adopt a resolution approving agreements with the consultant firms of Atlas
Technical Consultants, Ninyo & Moore Geotechnical and Environmental Sciences
Consultants, RMA Group Inc., and Wood Environment & Infrastructure Solutions,
Inc., to provide on-call geotechnical, materials testing, and special inspection
consultant services.
2021/07/27 City Council Post Agenda Page 5 of 391
5.8.Roadway Resurfacing Program: Approval of a Service Agreement with the
County of San Diego for the County’s Roadway Resurfacing Program 2021-2022
236
Report Number: 21-0096
Location: 400 block of Claire Avenue, Country Trails Lane, Country Trails Court,
El Rancho Vista, Via De Laurencio & Vista Del Rancho all within the City of Chula
Vista.
Department: Engineering & Capital Projects
Environmental Notice: The Project qualifies for a Categorical Exemption pursuant
to the California Environmental Quality Act State Guidelines Section 15301 Class
1 (Existing Facilities), Section 15302 Class 2 (Replacement or Reconstruction),
and Section 15061(b)(3).
RECOMMENDED ACTION:
Adopt a resolution approving a service agreement with the County of San Diego
for Roadway Resurfacing.
5.9.Sewer Maintenance Hole Inspection and Evaluation Contract: Award of Contract
to Redzone Robotics
267
Report Number: 21-0105
Location: Citywide
Department: Engineering & Capital Projects
Environmental Notice: The Project qualifies for a Categorical Exemption pursuant
to the California Environmental Quality Act State Guidelines Section 15301 Class
1 (Existing Facilities) and Section 15306 Class 6 (Information Collection).
RECOMMENDED ACTION:
Adopt a resolution awarding a contract to Redzone Robotics to provide sewer
maintenance hole inspection and evaluation services.
5.10.Speed Limit Adjustment: Moss Street 290
Report Number: 21-0095
Location: Moss Street between Industrial Boulevard and the easterly cul-de-sac
at Fire Station 3
Department: Engineering & Capital Projects
Environmental Notice: This Project qualifies for a Categorical Exemption pursuant
to the California Environmental Quality Act State Guidelines Section 15301 Class
1 (Existing Facilities) and Section 15061(b)(3).
RECOMMENDED ACTION:
Place an ordinance on first reading decreasing the speed limit on Moss St.
between Broadway and Second Ave. from 35 mph to 30 mph and between
Second Ave. and the easterly cul-de-sac from 35 mph to 25 mph, and amending
schedule X of the register in the City Engineer’s office. (First Reading).
2021/07/27 City Council Post Agenda Page 6 of 391
5.11.Contract Award: Accepting Bid and Awarding Agreement to Penske Ford for
Police Interceptor Utility Vehicles
301
Report Number: 21-0106
Location: No specific geographic location
Department: Police
Environmental Notice: The activity is not a “Project” as defined under Section
15378 of the California Environmental Quality Act State Guidelines; therefore,
pursuant to State Guidelines Section 15060(c)(3) no environmental review is
required.
RECOMMENDED ACTION:
Adopt a resolution awarding an agreement to Penske Ford for 11 police
interceptor utility vehicles.
6.PUBLIC COMMENTS
The public may address the Council on any matter within the jurisdiction of the Council
but not on the agenda.
7.BOARD AND COMMISSION REPORTS
The following item(s) have been brought forward by a City board, commission, or
committee.
7.1.Measure P Citizens’ Oversight Committee Presentation: Annual Report Covering
Reporting Period of July 01, 2019 Through June 30, 2020 and an Update of
Measure P Projects
320
Report Number: 21-0087
Location: No specific geographic location
Department: Finance
Environmental Notice: The activity is not a "Project" as defined under Section
15378 of the California Environmental Quality Act State Guidelines; therefore,
pursuant to State Guidelines Section 15060(c)(3) no environmental review is
required.
RECOMMENDED ACTION:
Hear the report presented by Chair Garcias.
8.ACTION ITEMS
The following item(s) will be considered individually and are expected to elicit discussion
and deliberation.
2021/07/27 City Council Post Agenda Page 7 of 391
8.1.Presentation of Emergency Order 008-2021 Updating and Consolidating, where
Appropriate, the Status of All Emergency Orders Issued by the Chula Vista
Director of Emergency Services from April 2020 Through May 2021 as a Result of
the Covid-19 Pandemic
339
Report Number: 21-0118
Location: No specific geographic location
Department: City Clerk & City Manager
Environmental Notice: The activity is not a “Project” as defined under Section
15378 of the California Environmental Quality Act State Guidelines; therefore,
pursuant to State Guidelines Section 15060(c)(3) no environmental review is
required. Notwithstanding the foregoing, the activity also qualifies for an
Exemption pursuant to Section 15061(b)(3) of the California Environmental
Quality Act State Guidelines.
RECOMMENDED ACTION:
Ratify and approve Emergency Order 008-2021 to update and consolidate, as
appropriate, the status of all Emergency Orders issued by the Chula Vista
Director of Emergency Services from April 2020 through May 2021 as a result of
the COVID-19 pandemic.
8.2.Contract Amendment: Waiving Competitive Bidding Requirements and Amending
an Agreement with SBCS Corporation to Increase Funding and Update Scope to
Comply with AB 832 for the Administration of the Emergency Rental and Utility
Assistance Program
359
Report Number: 21-0115
Location: No specific geographic location.
Department: Development Services
Environmental Notice: The activity is not a "Project" as defined under Section
15378 of the California Environmental Quality Act State Guidelines; therefore
pursuant to State Guidelines Section 15060(c)(3) no environmental review is
required. Under NEPA, the activity qualifies for a Categorical Exclusion not
subject to 24 CFR 50.19(b) (3), (11), and (12) of the Code of Federal Regulations.
RECOMMENDED ACTION:
Adopt a resolution waiving the competitive bidding requirements pursuant to
Chula Vista Municipal Code Section 2.56.070(b)(3) and approving a first
amendment to the contractor/service provider agreement with SBCS Corporation
to provide an emergency and utility assistance program funded by State and
Federal Consolidated Appropriations Act of 2021 allocations.
9.CITY MANAGER’S REPORTS
10.MAYOR’S REPORTS
10.1.Consideration of Appointment of a Voting Delegate and Alternates for the 2021
League of California Cities Annual Conference to be Held in Sacramento,
September 22 - 24
377
2021/07/27 City Council Post Agenda Page 8 of 391
10.2.Consideration of City Sponsorship of the 2021 Starlight Parade and the
Formation of an Ad-Hoc Subcommittee for the Event
381
10.3.Ratification of Appointment of Mopelola Olaoye to the Human Relations
Commission
382
11.COUNCILMEMBERS’ COMMENTS
12.CITY ATTORNEY'S REPORTS
13.CLOSED SESSION
Announcements of actions taken in Closed Sessions shall be made available by noon on
the next business day following the Council meeting at the City Attorney's office in
accordance with the Ralph M. Brown Act (Government Code 54957.7)
13.1.Conference with Legal Counsel Regarding Existing Litigation Pursuant to
Government Code Section 54956.9(d)(1)
Name of case: Lucy Ludwig-Melendrez, et al. v. City of Chula Vista, San Diego
Superior Court, Case No. 37-2019-00034737-CU-CI-CTL.
14.ADJOURNMENT
in memory of Frank Wada.
to the regular City Council meeting on August 10, 2021, at 5:00 p.m. in the Council
Chambers.
Materials provided to the City Council related to an open session item on this agenda are
available for public review, please contact the Office of the City Clerk at
cityclerk@chulavistaca.gov or (619) 691-5041.
Sign up at www.chulavistaca.gov to receive email notifications when City Council
agendas are published online.
2021/07/27 City Council Post Agenda Page 9 of 391
July 20212021/07/27 City Council Post Agenda Page 10 of 391
2020 Chula Vista Redistricting
CITY OF CHULA VISTA 22021/07/27 City Council Post Agenda Page 11 of 391
What is Redistricting
•In 2012, Chula Vista voters passed a
measure to require that districts be
established from which the City’s
Councilmembers will be elected.
•Occurs every decade following
census
•Seven appointed Commissioners will
recommend new district maps
•Community input is necessary
•City Council will approve district
maps in December 2021
CITY OF CHULA VISTA 32021/07/27 City Council Post Agenda Page 12 of 391
Why is Redistricting Important
CITY OF CHULA VISTA 4
•Ensure representation
•Allow residents greater access to
government
•Improve accountability of elected
officials
•Identify what issues are most impactful
to your community
•Describe what makes your community
unique
GOAL: Increase active participation in districting through targeted and strategic outreach
2021/07/27 City Council Post Agenda Page 13 of 391
CITY OF CHULA VISTA 5
Who Should Participate
CITY OF CHULA VISTA 5
•Residents of Chula Vista
•Businesses
•Community Organizations
•Bottomline:
Anyone with a vested
interest in Chula Vista
Boards &
Commission
Social Media
Ambassadors CBO's
Business
Organizations
Schools &
PTA's
HOAs Faith Based
Groups
Civic
Associations
Service Clubs
Council Office
Comms
Past
Districting
Participants
2021/07/27 City Council Post Agenda Page 14 of 391
CITY OF CHULA VISTA 6
What Does the Process Involve
CITY OF CHULA VISTA 6
July –August September October –November December
Phase 1 Workshops Data Processing
Census Data Available
Phase 2 Workshops
&
Public Meetings
Recommended Plan to
Council for Approval
----------------------------------------------------------------Ongoing Outreach ---------------------------------------------------------------
2021/07/27 City Council Post Agenda Page 15 of 391
Attend a workshop
Spread the word
Submit feedback online and use
interactive tools
Sign-up for email Updates
Stay informed!
CITY OF CHULA VISTA 7
How to Get Involved
CITY OF CHULA VISTA 7
Onsite interpretation services will be provided in Spanish and upon
request in the following languages: Filipino, Vietnamese, ASL and
Chinese.
2021/07/27 City Council Post Agenda Page 16 of 391
CITY OF CHULA VISTA 8
Questions and Input
CITY OF CHULA VISTA 82021/07/27 City Council Post Agenda Page 17 of 391
Memo
To: City of Chula Vista Clerk’s Office
From: Councilmember District 1: John McCann
cc:
Date: 6.15.21
Re: Request for Excused Absence from Council Meeting
Councilmember John McCann requests an excused absence for not being able to attend the
City Council of Chula Vista Council Meeting on June 15, 2021 due to his stepmother being
admitted to hospice and his need to assist the family in arranging for her care.
2021/07/27 City Council Post Agenda Page 18 of 391
v . 0 03 P a g e | 1
July 27, 2021
ITEM TITLE
Solid Waste and Recycling: Amend the Chula Vista Municipal Code Regarding the Definition of
Organic Waste, Enforcement Procedure to Prevent Disposal of Organic Waste, and Modification to
the Processing of Delinquent Collection Payments
Report Number: 21-0097
Location: No specific geographic location
Department: Economic Development
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California
Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no
environmental review is required. Notwithstanding the foregoing, the activity qualifies for an Exemption
pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines.
Recommended Action
Adopt an ordinance amending various sections of Chula Vista Municipal Code Chapters 8.24 and 8.25 to
update the definition of organic waste, authorize the City Manager to develop an enforcement procedure to
prevent the landfill disposal of organic waste, and modify the processing of delinquent waste collection
payments (Second Reading and Adoption).
SUMMARY
Recently approved regulations related to California Senate Bill 1383(Lara, Chapter 395, Statues of 2016) (SB
1383) require cities and counties to expand recycling programs to include the diversion of all compostable
organic materials from landfill disposal. Organic waste recycling will help the state achieve greenhouse gas
reduction targets and will help local cities achieve their own Climate Action Plan goals. Methane from
decomposing organic waste in landfills is a significant source of greenhouse gas emissions and these new
regulations require municipal agencies to modify solid waste management programs to achieve new organic
waste reduction targets. If approved, this ordinance will amend Chula Vista Municipal Code (CVMC) chapters
8.24 and 8.25 to comply with SB1383 regulations which require jurisdictions to define all compostable
organic waste as recyclable and have enforcement procedures to ensure that waste generators assist
respective cities to comply with the landfill diversion regulation. Staff is also requesting to amend language
in CVMC 8.24 on the City’s management of delinquent waste and recycling collection accounts.
2021/07/27 City Council Post Agenda Page 19 of 391
P a g e | 2
ENVIRONMENTAL REVIEW
The 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. Notwithstanding the
foregoing, it has also been determined that the activity qualifies for an Exemption pursuant to Section
15061(b)(3) of the California Environmental Quality Act State Guidelines. Thus, no environmental review is
required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
The Sustainability Commission discussed the changes proposed in their July 2021 meeting.
DISCUSSION
SB1383 codified the California Air Resources Board's Short-Lived Climate Pollutant Reduction Strategy, as
it relates to reduction in the emissions of short-lived climate pollutants such as methane from solid wastes.
The regulation was approved by the State’s Office of Administrative Law in November 2020 and prescribes
specific actions local jurisdictions must take to reduce short-lived climate pollutants related to solid waste
collection and processing. The regulation requires municipal agencies to modify solid waste management
programs to achieve new organic waste reduction targets.
Upon review of the regulation, staff determined that some amendments are needed to municipal code
chapters in order to comply with the newly adopted regulation. If approved, this resolution amends CVMC
8.24 and 8.25 to comply with SB1383 regulation which requires jurisdictions to define all compostable
organic waste as recyclable and having enforcement procedures to ensure that waste generators assist
respective cities and counties comply with the landfill diversion regulation. Proposed changes give the
authority to the City Manager or its designee to create an enforceable procedure akin to the City of Chula
Vista’s current code enforcement process to ensure compliance with the regulation. Staff is also requesting
to amend language in CVMC 8.24 on the City’s management of delinquent waste and recycling collection
accounts.
Staff recommends this change because it will streamline the collections process to improve customer
experience, which will benefit constituents and alleviate complaints, resistance and confusion. This change
will allow city staff the opportunity to focus on other customer-centric matters, and resulting in a decrease
in response time to all customer inquiries and quicker resolutions not only to ancillary issues handled by
the Finance Department but also to delinquent trash related inquires handled by Republic Services.
Furthermore, the new process will minimize costly technical errors and open better lines of
communication between the City and Republic Services.
Staff request to amend some portions of CVMC to achieve compliance with SB1383 to include the following
and as shown in Attachment 1 – Ordinance – Redline version
CVMC 8.24 – Changing the definition of “green waste” to organic waste mentioned in various sections in the
municipal code.
2021/07/27 City Council Post Agenda Page 20 of 391
P a g e | 3
8.24.080 - Deleting the use of standard containers
8.24.090 – Deleting mention of a $10 penalty per incident to be assessed as part of the regular solid waste
disposal bill and replacing with additional notification of a Chula Vista municipal code violation.
8.24.180 – Payment of solid waste collection charges processing of delinquent payments
Changes to CVMC 8.25 – Definition changes; changing the definition of green waste to organic waste,
omitting putrescible and food waste from the definition of garbage
8.25.040 – Separation of recyclable material to include organic waste
8.25.060 – Mandatory recycling to include organic waste and authorize the City Manager or its designee to
develop and implement and amend a necessary code compliance procedure for compliance of this section
with all applicable municipal code enforcement requirements.
8.25.070 – Changing the name of Conservation Coordinator to Environmental Services Manager
8.25.090 – Eliminating the 1,000 square foot minimum requirement for tenant improvement projects to the
list of defined projects while only requiring a Waste Management Report but not a deposit, in compliance
with the California Green Building Code.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and
consequently, the real property holdings of the Chula Vista City Council members do not create a
disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't
Code § 87100, et seq.).
Staff is not independently aware and has not been informed by any Chula Vista City Council member, of any
other fact that may constitute a basis for a decision-maker conflict of interest in this matter.)
CURRENT-YEAR FISCAL IMPACT
There is no fiscal impact to the General Fund as a result of the proposed code amendments.
ONGOING FISCAL IMPACT
There are no on-going fiscal impacts to the General Fund as a result of the proposed code amendments.
ATTACHMENTS
None.
Staff Contact: Eric Crockett, Deputy City Manager, Manuel Medrano, Environmental Services Manager
2021/07/27 City Council Post Agenda Page 21 of 391
C:\Users\shereek\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\NWGPDLDM\Ordinance Redline version.docx
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
VARIOUS SECTIONS OF CHULA VISTA MUNICIPAL CODE
CHAPTERS 8.24, “SOLID WASTE AND LITTER,” AND 8.25,
“RECYCLING,” TO UPDATE THE DEFINITION OF ORGANIC
WASTE, AUTHORIZE THE CITY MANAGER TO DEVELOP
AN ENFORCEMENT PROCEDURE TO PREVENT THE
LANDFILL DISPOSAL OF ORGANIC WASTE, AND MODIFY
THE PROCESSING OF DELINQUENT WASTE COLLECTION
PAYMENTS
WHEREAS, Senate Bill 1383 codified the California Air Resources Board’s Short-Lived
Climate Pollutant Reduction Strategy, as it relates to reduction in the emissions of short -lived
climate pollutants such as methane from solid waste; and
WHEREAS, the regulation was approved by the State of California’s Office of
Administrative Law in November 2020 and prescribes specific actions that local jurisdictions must
take to reduce short-lived climate pollutants related to solid waste collection, the regulation also
requires municipal agencies to modify solid waste management programs to achieve new organics
waste reductions targets; and
WHEREAS, staff determined that amendments are required to Chula Vista Municipal
Code chapters 8.24 and 8.25 in order to comply with the State of California regulation which
requires jurisdictions to mandate that organic waste is diverted from landfill disposal and having
enforcement procedures to ensure that waste generators assist respective jurisdictions comply with
the regulations; and
WHEREAS; this ordinance also amends language in Chula Vista Municipal Code Chapter
8.24 to streamline the City’s management of waste collection of overdue payments for prompt
resolutions related to inquiries handled by the City of Chula Vista and Republic Services.
NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows:
Section I. Amendment of Chula Vista Municipal Code Chapters 8.24 and 8.25
A. Chapter 8.24, “Solid Waste and Litter,” is hereby amended as follows:
[Section 8.24.010 through 8.24.070 remain unchanged]
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8.24.080 Solid waste – Containers approved for use by small quantity generators
(single-family residential and small businesses with cart service) and large
quantity generators (bin or roll-off service) for solid waste, yard organic
waste and recyclables.
A. It is unlawful for any small quantity generator in a residential area to keep or store any solid
waste, and recyclables and organic waste within containers except those provided by the City
contract or franchise agent. Residents may keep yard waste in a container provided by the City
contractor or franchise agent or their own standard waste container. Such standard containers shall
be a maximum capacity of 40 gallons, tapered gradually, decreasing in diameter toward the bottom
of the container, made of metal or plastic with metal or plastic covers and operable handles, and
shall be watertight and fly-proof. Residents may also purchase and use their own automated yard
waste container for yard waste only, if that container has been approved by the City. Large quantity
generators shall utilize containers provided by the City contract or franchise agent. Compactor
containers or other receptacles provided by large quantity generators, such as commercial and
industrial customers, must be approved by the City contract or franchise agent for compatibility
with collection equipment before use. Use of incompatible compactors or other containers is not
allowed and the purchase or lease of such equipment will not be considered grounds for an
exemption from mandatory service.
B. Further, every person having the care or control of any place or premises within the City where
solid waste accumulates or exists shall cause such solid waste to be placed and kept in such
watertight containers, with lids securely fitted, and in a number adequate to contain the total
amount of solid waste (refuse, recycling and yard organic waste) accumulating during the
maximum allowed one-week interval between each collection or removal thereof.
C. Enclosures for solid waste containers must be of adequate size to hold the number of containers
required to temporarily store the refuse, recycling and organic yard waste generated in between
service intervals, pursuant to subsection (A) of this section. The enclosures shall also be adequate
in size to accommodate other ancillary collection and removal services, i.e., grease rendering as
defined in CVMC 19.58.340.
8.24.090 Solid waste – Placement in containers or bundles – Restrictions.
All solid waste shall be kept within sturdy containers made of metal or plastic, and no solid waste
shall be placed in any container so that it protrudes or extends beyond such containers. Containers
shall also have tight-fitting lids sufficient to keep out the rain and prevent litter. Every owner,
tenant, occupant or person having responsibility for premises shall subscribe for adequate service
and maintain the number of rigid containers and lids sufficient to separately hold their weekly solid
waste (refuse, recyclables and organic yard waste). Yard Organic waste and other designated
recyclables shall never be placed for collection in plastic bags. The weight of any empty standard
container for yard waste for a small quantity generator shall not exceed 15 pounds; the weight of
any fully loaded container shall not exceed 60 pounds. Cardboard containers shall not be used as
solid waste containers and should be emptied, broken down and placed at the designated collection
location for collection with recyclables.
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A. The following actions are approved for solid waste by small quantity generators (single-family
residential and small businesses with curbside collection service):
1. Color-coded and specially marked containers will be provided upon request by the City
contract or franchise agent for used oil, oil filters, and designated recyclables at no additional
charge. Color-coded and specially marked containers for organic yard waste will be provided
at the resident’s option and require a monthly rental fee established in the maximum rate
schedule;
2. Brush and limbs of trees may be placed outside of organic yard waste containers, tied with
natural fiber (compostable) twine into bundles of not more than four feet in length, 18 inches
in diameter and 35 pounds in weight;
3. Any person desiring to receive different, additional, or more frequent service may do so
through the contract or franchise agent, on mutually agreeable terms and conditions, by
contacting the contract or franchise agent at least two days before their regular refuse
collection service day.
B. The following actions are prohibited for small quantity generators:
1. Use of severely damaged containers or containers with jagged or sharp edges (said
containers will be appropriately tagged by contract or franchise agent first time noted and will
be collected by contract agent if used subsequently to being so tagged);
2. Placement of hazardous or toxic wastes, such as solvents, paints, pesticides, fuels,
explosives and medical wastes, at the designated collection location for collection by the City
or any contract or franchise agent(s). This prohibition is not intended to exclude the door-to-
door collection of any hazardous waste, by appointment, by a contractor licensed by the City
and permitted by the State Department of Toxic Substances or the county environmental
health department;
3. Placement of construction and demolition waste at the designated collection location for
service by the City contractor or franchise agent which may resist compaction or damage
equipment, such as large metal objects, concrete blocks, dirt or tires. This prohibition is not
intended to prevent a resident from making an appointment for free bulky pick-up, free used
oil and filter collection, or contracting with the City contract or franchise agent for a temporary
bin for construction debris, metals, yard organic waste and source-separated recyclable
materials;
4. Deposit of solid waste or any other material in waste containers intended for use by, or
belonging to, others;
5. The disposal of designated recyclables and organic waste in solid waste containers.
C. Enforcement.
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1. Generators that fail to place solid waste (refuse, recyclables or organic yard waste) out for
collection in proper containers or fail to properly separate recyclables will be tagged with a
notice and provided with proper instructions.
2. Repeated violation of proper set-out and/or separation after notification by the City or its
contract or franchise agent will subject to additional notification of a Chula Vista municipal
code violation by notice of violation or administrative citation the violating person to a
penalty of up to $10.00 per incident. That penalty will be assessed as part of the regular solid
waste disposal bill and will be subject to the same payment and collection procedure provided
in CVMC 8.24.180.
3. An additional fee of $10.00 will be added to the bimonthly or monthly service fee to restart
service for any owner/occupant that discontinues service prior to receiving an exemption
under CVMC 8.24.180(H). (Ord. 2992 § 1, 2005; Ord. 2764 § 1, 1998).
[Section 8.24.100 through 8.24.170 remain unchanged]
8.24.180 Payment of solid waste collection charges – Penalty for delinquency.
A. Payment Obligation. The City Council finds and determines that the regular collection of solid
waste, organic yard waste and designated recyclables, and the disposal or processing thereof by
the contract or franchise agent of the City from all places in the City, is a part of the integrated
solid waste management service to the premises from which it is collected. All owners and
occupants of premises within the City shall be responsible for paying the monthly collection
service rate charged by the City or its contract or franchise agent, or shall comply with the
provisions of this chapter for an exemption from mandatory service as set forth in subsection (H)
of this section. No person that has not previously applied for and received an exemption shall
willfully fail, neglect or refuse, after demand by the City or its contract or franchise agent, to pay
the service fees.
[Subsections 8.24.180 B through D remain unchanged]
E. Penalties for Delinquency – Notification.
1. Delinquent Accounts – Generally. A bill shall be considered delinquent if payment in full
is not received by the close of business or postmarked before midnight of the due date as
shown on the bill. However, when the final day falls on a Saturday, Sunday or legal holiday,
payment may be made without penalty on the next regular business day.
2. Late Notice. In the event the owner or occupant of any premises or business shall be
delinquent in payment of any part or all of the solid waste fees and delinquency continues for
a period of 10 days after the due date shown on the bill, the City’s contract or franchise agent
shall send notification (“late notice”) to the owner and occupant informing both of the amount
owed and the schedule of penalties and costs accrued at each stage of delinquency as defined
below. The notification to the owner shall be mailed to the name and address listed on the last
available property tax assessment roll and shall include the potential delinquency amount to
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be assessed as a lien and collected on the owner’s property tax bill. If payment in full is not
received by the due date on the bill/invoice, the City or its contract or franchise agent may
impose a one-time late/processing fee equal to 10 percent of the charges owed for large
quantity generators or $10.00 for small quantity generators. In addition, for each 30 days the
delinquent bill remains unpaid, the City or its contract or its franchise agent may impose
additional late/processing fees equal to one and one-half percent of the outstanding debt. If
the bill is not paid within 15 days of the invoice due date, the City contract or franchise agent
may charge an additional restart fee of $10.00. (The penalties and restart fee are designated
for administrative convenience only in the master fee schedule.) The City or its contract or
franchise agent must at minimum send one bill/invoice at least 10 days before the due date
and one notification letter by first class mail to the owner or occupant prior to assessing a
penalty.
3. Final Late Notice. In the event that the owner or occupant of any premises or business is
delinquent in payment of all or any part of the solid waste bill, other than that for which they
have applied for and received an exemption from the City, for a period of 90 days after the
due date of the invoice, the City or its contract or franchise agent shall assign the delinquent
account to the City for collection. Upon mutual agreement, the City contract or franchise agent
may assign delinquent accounts to the City before 90 days. At least 10 days prior to assigning
an account to the City for collection, the City contract or franchise agent shall send a second
notification (“final late notice”) to the owner and occupant. The notification shall include the
total current amount due, a description of the potential penalties for delinquent amounts and a
description of the potential lien process, the location where the bill may be paid in person
during regular business hours and a self-addressed return envelope for payment by mail.
4. Final Notice of Delinquency. Upon assignment of the delinquent account to the City for
collection, the delinquent charges, penalties and fees may be collected by the City:
a. Pursuant to a lien imposition and property tax bill process provided below;
b. By suit in any court of competent jurisdiction; or
c. By any other manner permitted by law or equity at the City’s discretion.
Prior to setting a hearing to consider a lien pursuant to the process set forth below, the City or
its contract or franchise agent will send notification (“final notice of delinquency”) to the
property owner and occupant with a detailed description of the amount owed, the penalty
schedule, lien procedure and associated costs and administration fees (the penalties and fees are
designated for administrative convenience only in the master fee schedule).
When the full amount for said solid waste service charge is not paid within 15 days after the
final notice of delinquency, the City or its contract or franchise agent shall assign the
delinquent account to the City for collection. Upon such assignment, the delinquent charges,
penalties and fees may be collected by the City:
a. Pursuant to a lien imposition and property tax bill process provided below;
b. By suit in any court of competent jurisdiction; or
c. By any other manner permitted by law or equity at the City’s discretion.
F. Lien Process for Solid Waste Services.
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1. Hearing and Lien – Notice. When the full amount for said solid waste service charge is
not paid within 15 days after the final notice of delinquency, the City Clerk may set said
delinquent account for hearing by the City Council at a regular or adjourned regular meeting,
which will be held at least seven calendar days after such 15-day period has expired. The
owner of the property shall be mailed notice of the time and place of the hearing at least 10
days in advance of the hearing. The notice shall also inform the property owner that failure
to pay said delinquent account will result in a lien upon the property, and the amount owed
will be charged to the property owner on the next regular tax bill. Notice of the public hearing
shall also be published once at least 10 days in advance thereof in a newspaper of general
circulation published in the City of Chula Vista. The City Clerk shall post a copy of such
notice of the time and place of hearing, in a conspicuous place at or near the entrance of the
Council chambers in the City Hall.
2. Delinquent Accounts – Hearing and Assessment. The City Council shall consider said
delinquent accounts at the time set for hearing, together with any objections or protests by
interested parties. Any owner of land or person affected by the charges may present a written
or oral protest or objection to the delinquency of said account or the amount owed thereon. At
the conclusion of the hearing, the City Council shall either approve the delinquency and
amount owed on the account as submitted or as modified or corrected by the City Council.
The decision of the City Council on the charges and on all protests or objections shall be final
and conclusive. The amounts so approved shall reflect the entire amount due, including all
penalties, interest and administrative fees that have accrued against the account as of the date
of the hearing plus any county fees (for processing and collecting the lien). The amount shall
be charged to the property owner on the next regular tax bill and shall be a lien upon the
property involved. The City Council shall confirm such assessment and cause the same to be
recorded on the assessment roll and, thereafter, such assessment shall constitute a special
assessment and lien upon the property. The City Council shall adopt a resolution assessing
such amounts as liens upon the respective parcels of land as they are shown upon the last
available assessment roll.
3. Delinquent Accounts – Administrative Fee. All delinquent accounts that are not paid
within 10 days after the final delinquency notice has been posted may be charged an
administrative processing fee to offset the costs incurred by the City in administering the
provisions of this chapter. The administrative processing fee (designated for administrative
convenience only in the master fee schedule) shall be added to the amount that shall be
charged to the property owner on the next regular tax bill due as collected by the City
under subsection (F)(2) (E)(4) of this section.
G. Solid Waste Service Deposits Required When – Amount. The City or its contract or franchise
agent have the right to require deposits from the owner or occupant of any premises who has
allowed his/her bill for solid waste service charge to become delinquent or who does not have an
acceptable credit rating. Deposits shall be equal to the estimated amount of the solid waste service
charges for two billing cycles, but in no event shall the deposit be less than $25.00.
H. Request for Exemption from Fees – City-Approved Exception.
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1. Duration of Exemption. All exemptions and extensions granted will be for a period of not
more than 180 days. Applicants that have been cited with a notice of violation or
administrative citation and those that have been late on solid waste fee payments within the
past six months will not be qualified for an exemption.
2. Process for Making Request. Requests for an exemption from mandatory solid waste
services shall be made on a form provided by the City. Requests on the required form shall be
completed by the applicant and submitted to the City or its contract or franchise agent, as
outlined on the form. An exemption request will only be considered if the applicant
demonstrates that it meets one of the bases set forth in subsections (H)(4)(a) through (H)(4)(d)
of this section.
3. Conditions of an Approved Application. Applicants shall agree to an inspection of their
premises to verify compliance with solid waste diversion. Failure to notify the City or the
City’s contract or franchise agent in writing prior to reoccupying the premises, or otherwise
altering compliance with the exemption conditions, shall constitute delinquency of payment
for collection charges, and charges and penalties shall be retroactive to the first day of the
exemption period. In all cases, property owners and/or their agents will be expected to
maintain sanitary premises pursuant to CVMC 8.24.060 including, but not limited to, litter
abatement, clean sidewalks and gutters, and organic yard waste recycling (as appropriate),
throughout the exemption period.
4. Bases for Granting Exemption, and Special Terms. Exemptions will not apply
retroactively except as stated in subsection (H)(4)(a) of this section (vacancy exemption). All
exemptions requested by tenants shall also be signed by the property owner. An exemption
will only be granted if the City or its contractor or franchise agent determines that the
exemption request meets the criteria of subsection (H)(4)(a), (H)(4)(b), (H)(4)(c), or (H)(4)(d)
of this section. The City retains the right to review and modify any decision made by the
contractor or franchise agent.
a. Vacancy Exemption for Unoccupied Premises. In the event that the premises are
unoccupied and all water, sewer, electricity and gas are also disconnected or in the case
of military deployment of all occupants, an owner or occupant of a residence or business
may request a vacancy exemption. Should the premises be unoccupied due to a death or
similar hardship, the executor, beneficiary or county probate administrator may request a
retroactive exemption. It is the responsibility of the occupant and/or the property owner
to cancel an exemption for vacancy and restart service if the property is to be occupied
before the end of the exemption period.
b. Self-Haul. Occupant or tenants of premises may apply for an exemption from fees for
all or part of the solid waste, organic yard waste and recycling services and remove or
convey waste and/or recyclables for processing and disposal which they generate
themselves. Such persons must provide weekly receipts for disposal at a state-permitted
landfill or transfer station and/or appropriate recycling facility at the end of each billing
cycle or upon demand by the City or its contract or franchise agent. Persons provided an
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exemption are still subject to state-mandated waste diversion goals and may not: (i)
dispose of their waste in the waste receptacle of another generator in Chula Vista or
another jurisdiction, or in a park or street litter bin, (ii) contract with a third party to
remove and convey their waste, (iii) burn their waste in their fireplace or by other means,
(iv) dispose of designated recyclables, or otherwise improperly dispose of waste or
recyclables as established in CVMC 8.24.040, 8.24.045 and 8.24.050. A self-hauler
exemption is not a permit to haul waste generated by a second party.
c. Source Reduction, Recycling and Composting Exemption. The occupant/owner of any
premises may apply for an exemption from all or part of the solid waste, yard waste and
recycling fees for 100 percent diversion (no disposal of any kind, anywhere). Such
persons must provide a written description of their solid waste management plans, to
comply with the state-mandated landfill diversion goal and the City’s integrated solid
waste management plan.
d. Property owners and occupants within an area newly annexed to the City that was not
currently using the City’s contract or franchise agent may use the service of a private
refuse collection service other than the City’s franchise agent for a period not to exceed
one billing cycle. If the owner or occupant was under a preexisting franchise agreement
with a private refuse collection service other than the City’s contract or franchise agent,
they may remain with that service to the extent required by law until the end of the
agreement period, less any extensions in that agreement, for a period not to exceed 180
days.
e. The City or its contractor or franchise agent may suspend collection service and/or
charges from a large quantity generator for:
i. Vacancy;
ii. Delinquency of payment subsequent to implementation of subsection (E) of this
section; or
iii. Mutual agreement by the City and contract or franchise agent. The contractor
shall notify the City quarterly of all suspended accounts that did not result in payment.
8.24.190 Reserved.
8.24.195 Mandatory recycling for exempt and reduced rate customers.
Where a solid waste rate reduction or exemption is granted hereunder, the affected party shall not
be exempted from and shall remain subject to the mandatory recycling ordinance. Each person
receiving a rate reduction or exemption shall be responsible for doing his or her equitable share to
assist the City with the 50 percent landfill diversion goal mandated by the California Integrated
Waste Management Act of 1989 (AB 939) and California statewide effort to reduce emissions
of short-lived climate pollutants (SB 1383 Lara, Chapter 395, Statutes of 2016) including, but
not limited to, participation in source reduction, reuse, recycling and composting of the designated
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recyclables and household hazardous waste as applicable. Failure to comply with the mandatory
recycling ordinance or disposal of solid waste at a site other than the premises where the waste
was generated shall be cause for termination of the exemption or reduced rate and shall subject the
rate payer to paying the full cost of service for the full period of the exemption or reduced rate,
plus any applicable penalty for violation of CVMC 8.24.040, 8.24.045 and 8.24.050.
8.24.200 Interference with collection and scavenging prohibited when.
It is unlawful for any person or persons, other than the City contract or franchise agent as defined
herein and authorized by the City to collect solid waste or household hazardous waste, to interfere
in any manner with any solid waste, household hazardous waste, designated recyclables or organic
yard waste container or the contents thereof, whether owned by private persons, the City, or by its
contract or franchise agent, or to remove any such container or its contents from the location where
the same was placed by the owner thereof. This provision is not intended to prohibit any person,
firm or corporation generating a reusable, or recyclable or compostable commodity from selling
or giving the same as he, she or it may desire; provided, that the commodity(ies) shall be removed
and conveyed in a manner strictly in accordance with the rules and regulations of the County
Department of Environmental Health and Chapters 8.23, 8.24, and 8.25 CVMC, and that such
commodities shall be diverted from a landfill, transformation facility, use as alternative daily cover
at a landfill, or other land application or other use not expressly recognized as diversion by the
City or the California Integrated Waste Management Act of 1989.
8.24.210 Littering – By private persons prohibited where.
No person or persons shall leave, discard, deposit, throw away, or cause to be left, discarded,
deposited or thrown away, any solid waste, hazardous waste or medical waste of any type
including, but not limited to, paper, wood, glass, plastic, metals organic, green waste or other
organic matter, upon any street, alley, gutter, sidewalk, parkway, park or recreational area in the
City.
8.24.220 Littering – By corporations or persons prohibited where.
It is unlawful for any person, firm, company or corporation to deposit upon any sidewalk or street
within the City any sweepings from any sidewalk, stairway or other opening leading to the street
or sidewalk. All such sweepings or material from any sidewalk or any other opening leading to the
street or sidewalk within the City shall be removed in a pan, shovel or other container and placed
in a container for solid waste, or organic green waste recycling or other recycling container as
appropriate.
8.24.230 Owner or occupant duty to keep sidewalks free of litter.
It shall be the duty of all owners and occupants of buildings in the City and the duty of all owners
of vacant lots in the City to keep the sidewalks adjacent to such premises clean and free of any
solid waste of any type including, but not limited to, paper, wood, glass, plastic, metals, organic
green waste, noxious weeds and vegetation or other organic matter.
B. Chapter 8.25, “Recycling,” is hereby amended as follows:
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[Section 8.25.010 remains unchanged]
8.25.020 Definitions.
For purposes of this chapter, and other Municipal Code provisions referring hereto, the following
words shall have the meanings ascribed thereto, unless the context in which they are used clearly
indicates another meaning:
“Aluminum” means recoverable materials made from aluminum, such as used aluminum food or
beverage containers, aluminum foil, siding, screening, and other items manufactured from
aluminum.
“Applicant” means any individual, firm, limited liability company, association, partnership,
political subdivision, government agency, municipality, industry, public or private corporation, or
any other entity whatsoever who applies to the City for the applicable permits to undertake any
construction, demolition, or renovation project within the City of Chula Vista.
“Bin” shall mean those plastic or metal containers of one cubic yard (202 gallons) to eight cubic
yards that have plastic lids on the top (unless metal lids are designated by the City Manager). Bins
are used for weekly or more frequent collection of waste, organic yard waste or designated
recyclables by the City or its franchise agent.
“Bulky waste” means discarded items whose large size or shape precludes or complicates their
handling by standard residential or commercial solid waste, recycling and organic green waste
collection methods. Bulky items include white goods, furniture, large auto parts, trees, stumps,
carpet and other potentially oversize wastes. Bulky waste does not include hazardous or infectious
waste unless specifically exempt, such as freon-containing refrigerators.
“Buy-back center” means a facility licensed and permitted by the Department of Conservation
and/or local jurisdiction which pays a fee for the delivery and transfer of ownership to the facility
of source-separated materials for the purpose of recycling or composting.
“Cardboard” means post-consumer waste paper grade corrugated cardboard (grade No. 11), kraft
(brown) paper bags, or solid fiber boxes which have served their packaging purposes and are
discarded and can later be reclaimed for collection and recovery for recycling.
“Carts” shall mean those plastic containers with a capacity of less than 202 gallons (one cubic
yard). Carts shall have a fixed lid and are designed for automated and/or semi-automated collection
of solid waste, organic yard waste and/or designated recyclables by the City or its franchise agent.
“City” shall mean the City of Chula Vista, a municipal corporation of the state of California, in
its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated
form.
“Collection” means the act of removing and conveying nonhazardous and noninfectious solid
waste, commingled or source-separated materials, from residential, commercial, industrial, or
institutional (governmental) generators to a facility for processing, composting, transfer, disposal
or transformation.
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“Commercial” means a site and/or business zoned or permitted for any use other than residential
including, but not limited to, commercial, light industrial, industrial and agricultural. Commercial
generators that generate three or more cubic yards of waste per week and are serviced by a cart
bin or compactor collection vehicle.
“Commercial recyclables” means designated recyclable materials from the two commercial
subcategories of “office” and “hospitality.” Materials include, but are not limited to: organic waste
office paper, cardboard, newspaper, and aluminum from offices; and cardboard, glass bottles and
jars, plastic bottles, aluminum, tin and bi-metal cans, and white goods. from hospitality
establishments.
“Compactor containers” means those fully enclosed metal containers of two to 40 cubic yards
provided by the City’s hauler or customer. Compactors typically serve very large quantity
generators.
“Compost” means the product resulting from the controlled biological decomposition of organic
wastes that are source-separated from the municipal solid waste stream.
“Composting” shall mean the controlled and monitored process of converting organic wastes into
compost.
“Construction” means the building of any facility or structure or any portion thereof including any
tenant improvements to an existing facility or structure.
“Construction and demolition waste” means used or discarded materials removed from the
premises during demolition, dredging, grubbing, and building, resulting from construction,
remodeling, repair, and/or demolition activities on housing, commercial, governmental buildings,
and other structures and pavement.
“Contract or franchise agent(s)” means any person or private or public entity designated by the
City Council, pursuant to Article XII of the City Charter and Chapter 8.23 CVMC, as being
responsible for administering the collection, processing and/or disposal of solid waste or
designated recyclables.
“Conversion rate” means the rate set forth in the standardized conversion rate table approved by
the City pursuant to this chapter for use in estimating the volume or weight of materials identified
in a waste management report.
“Covered project” shall have the meaning set forth in CVMC 8.25.095.
“Demolition” means the decimating, deconstructing, razing, ruining, tearing down or wrecking of
any facility, structure, pavement or building, whether in whole or in part, whether interior or
exterior.
“Divert” means to use material for any purpose other than disposal in a landfill or transformation
facility.
“Diversion requirement” means the diversion of 100 percent of inert waste, to include asphalt,
concrete, bricks, tile, trees, stumps, rocks, and associated vegetation and soils resulting from land
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clearing, and not less than 50 percent of the remaining waste generated, via reuse or recycling,
unless a partial or full diversion exemption has been granted pursuant to CVMC 8.25.095, in which
case the diversion requirement shall be the maximum feasible diversion rate established by the
Waste Management Report Compliance Official for the project.
“Recycling box” shall mean those containers with a capacity of 18 gallons to 32 gallons which
are supplied by the City or its franchise agent for manual collection of designated recyclables at
special events.
“Curbside collection” means the service of removing and conveying nonhazardous and
noninfectious solid waste, source-separated recyclables and/or organic green waste from the
public thoroughfare at the curb or alley. (The City shall make the final determination regarding
eligibility for curbside collection, which shall generally apply to small quantity generators.)
“Designated containers” (“containers”) shall mean those containers designated by the City
Manager for temporary storage and collection of waste or designated recyclables including but not
limited to curbside bins, carts, bins, roll-off boxes, and/or compactor containers.
“Designated recyclables” means those materials designated by the City Manager for recovery or
reuse. Any material having an economic value on the secondary materials market or that is
otherwise salvageable shall be included and/or other materials that have been separated from other
small quantity or large quantity generators for the purposes of being recycled for resale and/or
reuse, and placed at a designated recycling or waste collection or storage location or in a designated
recycling or waste container for the purpose of collection and processing, or any such designated
recyclable materials collected under a mixed waste processing program. The list includes, but is
not limited to: newspaper (ONP), mixed paper (MP), corrugated cardboard (OCC), steel, tin and
bi-metal cans, metal coat hangers, aluminum containers, white goods, glass food and beverage
containers, No. 1 and No. 2 plastic containers, all California redemption containers, used oil, used
oil filters, organic yard waste, clean lumber, concrete and asphalt.
“Designated solid waste and recycling collection or storage location” means a place designated
by the City Manager for storage and/or collection of waste, organic green waste and/or recyclables
pursuant to CVMC 8.24.100. Designated locations include, but are not limited to, the curb, alley,
waste/recycling enclosure, a loading dock, or basement of a commercial enterprise or multifamily
complex where waste and recyclables are placed for collection or temporary storage prior to
collection by the City’s franchise agent.
“Franchised recyclables” means any residential, commercial or industrial recyclables, as defined
herein, to be collected by the City’s contract agent or franchisee, placed in designated recycling
containers or at designated recycling collection or storage location(s).
“Garbage” means all nonhazardous, noninfectious organic waste including: kitchen and table
waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking,
or handling of food stuffs, except organic wastes separated therefrom and used in composting or
anaerobic digestion in accordance with CVMC 8.25.090.
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Ordinance
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“Generator” means every owner, tenant, occupant or person owning or having the care and control
of any premises in the City including the temporary use of parks, open space or a public
thoroughfare.
“Glass bottles and jars” means food and beverage containers made from silica or sand, soda ash,
and limestone, the product being transparent or translucent and being used for packaging or
bottling, including container glass designated redeemable under the California Beverage Container
Recycling and Litter Reduction Law, Division 12.1 (commencing with Section 14500) of the
California Public Resources Code, as well as glass jars and bottles without redeemable value
(“scrap”), but excluding household, kitchen, and other sources of noncontainer glass such as
drinking glasses, ceramics, light bulbs, window pane glass, and similar glass products that are not
bottles or jars.
“Grantee” shall mean the City’s franchise agent(s).
“Organic Green wastes” means the leaves, grass, weeds, shrubs, tree branches, tree trunk and
other wood materials from trees. Organic Green waste may also include preconsumer non-edible
food waste and postconsumer non-edible food waste, incidental amounts of waxed or plastic-
coated cardboard and mixed food-soiled paper, food-soiled cardboard and unpainted and
untreated lumber. Organic Green waste does not include tree stumps in excess of 35 pounds, more
than incidental dirt or rock, plastic, glass, metal, painted or treated lumber, plywood, particle board,
or other manufactured products that contain glue, formaldehyde, nonorganic or nonbiodegradable
materials.
“Organic Green waste processing” means the accumulation and storage of Organic green waste
in a manner that leads to the intentional or unintentional thermophilic decomposition of Organic
green waste. The acceptance of payment for organic green waste and the accumulation of more
than 15 yards or three tons per year of unprocessed, shredded, ground or composted material shall
constitute organic green waste processing and is subject to the City, County and State
requirements regulating compost and/or solid waste facilities. Residential, commercial and
agricultural sites that generate, stockpile or process organic green waste material generated on-
site and used on-site without sale of finished or unfinished material, that are otherwise compliant
with all conditions of the Municipal Code for nuisance, may apply for an annual exemption.
“Hazardous or toxic waste” means any waste material or mixture of wastes which is toxic,
corrosive, flammable, explosive, an irritant, a strong sensitizer, and which generates pressure
through decomposition, heat or other means, if such a waste or mixture of wastes may cause
substantial personal injury, serious illness or harm to humans, domestic animals, or wildlife,
during, or as an approximate result of, any disposal of such wastes or mixtures of wastes as defined
in Section 25117 of the California Health and Safety Code, which is not legally disposable at a
Class III landfill.
“Hospitality” means any establishment that offers dining services, food or beverage sales. This
includes taverns, bars, cafeterias, and restaurants, as well as motels and hotels (temporary housing
of less than one month duration), hospitals, schools, colleges, and other such establishments that
have dining services, or a restaurant or bar, on their premises.
2021/07/27 City Council Post Agenda Page 34 of 391
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“Industrial recyclables” means recyclables from industrial, construction, and demolition
operations, including, but not limited to, asphalt, concrete, dirt, land-clearing brush, sand and rock.
“Industrial solid waste” means solid waste originating from mechanized manufacturing facilities,
factories, refineries, construction and demolition projects, and/or publicly operated treatment
works, excluding recyclables and organic waste compostables, if properly handled and treated,
and excluding hazardous or toxic waste.
“Inert waste” means materials such as concrete, soil, fully cured asphalt, bricks, rocks, slag,
ceramics, earthen cooking ware, clay and clay products, crushed glass, fiberglass, roof shingles,
and plaster. Inert waste does not contain putrescible waste or compostable waste.
“Improper disposal” means the discarding of any item or items upon public or private premises
that were not generated on the premises as a part of its authorized use, unless written consent of
the property owner is first obtained.
“Improper disposal site” means any premises that have intentionally or unintentionally
accumulated solid waste or recyclables and/or charged a fee for accepting material without a solid
waste or composting permit from the county local enforcement agency. Thi s does not include
businesses licensed and permitted in the City to purchase source-separated recyclables.
“Incidental waste” means less than one pound of waste deposited in a public litter bin or
designated waste container to prevent litter, such as waste from a fast food meal deposited in a
designated waste container or public litter bin by a pedestrian or vehicle operator.
“Industrial generator” means any property or generator that is engaged in the manufacture of
products including but not limited to construction and demolition. Industrial generators are
typically serviced by roll-off box containers of 10-yard to 40-yard capacities and typically generate
inert materials such as asphalt, concrete, building debris and some wood and dry green waste.
“Industrial” means any form of mechanized manufacturing facilities, factories, refineries, and
construction and demolition operations, excluding hazardous waste operations.
“Institutional” shall mean any premises owned and/or occupied by local, State and fede ral
agencies, typically office or education facilities with a common waste stream.
“Integrated solid waste management” means a planned program for effectively controlling the
storage, collection, transportation, processing and reuse, conversion, or disposal of solid waste,
recyclables and/or compostables organic waste in a safe, sanitary, aesthetically acceptable,
environmentally sound and economical manner. It includes all administrative, financial,
environmental, legal and planning functions as well as the operational aspects of solid waste
handling, disposal, litter control and resource recovery systems necessary to achieve established
objectives.
“Landfill” means a disposal system by which solid waste is deposited in a specially prepared area
which provides for environmental monitoring and treatment pursuant to the California Code of
Regulations, California Public Resources Code and the Federal Resource Conservation and
Recovery Act.
2021/07/27 City Council Post Agenda Page 35 of 391
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“Large quantity generator” means those residential, commercial, industrial and institutional
entities that generate more than 300 gallons of waste per week excluding source-separated
recyclables diverted from disposal or transformation.
“Mixed waste processing” means a system of recovering recyclables from the mixed waste stream
through separation at a processing facility, transfer station, landfill, or other such facility, instead
of separation at the primary waste generation source.
“Multifamily” means a structure or structures containing a total of four or more dwelling units in
any vertical or horizontal arrangement on a single lot or building site.
“Newspaper” means newsprint-grade paper including any inserts that come in the paper, and
excluding soiled paper, all magazines and other periodicals, telephone books, as well as all other
paper products of any nature.
“Non-covered project” shall have the meaning set forth in CVMC 8.25.095.
“Nuisance” means anything which is injurious to human health, or is indecent or offensive to the
senses, and interferes with the comfortable enjoyment of life or property, and affects at the same
time an entire community or neighborhood, or any number of persons, although the extent of
annoyance or damage inflicted upon the individual may be unequal, and which occurs as a result
of the storage, removal, transport, processing, or disposal of solid waste, compost, and/or
designated recyclables.
“Office” or “offices” for purposes of this chapter shall mean any office, combination of offices,
or connected building or office space regardless of office affiliation, ownership, or occupancy.
This includes, but is not limited to, businesses used for retail, wholesale, professional services,
legal services, financial services (to include banks), medical services, shipping and receiving areas,
churches, schools, colleges, and libraries.
“Office paper” means waste paper grades of white and colored ledgers and computer paper.
Examples include forms, copy paper, stationery, and other papers that are generally associated
with desk and employee work area activity, and any additional materials to be added by ordinance.
“Performance deposit” means cash, money order, check, or surety bond in the amount set forth in
CVMC 8.25.095(B)(3).
“Plastic bottle” means a plastic container with narrow neck or mouth opening smaller than the
diameter of the container body, used for containing milk, juice, soft drinks, water, detergent,
shampoo or other such substances intended for household or hospitality use; to be distinguished
from nonbottle containers (e.g., deli or margarine tub containers) and from nonhousehold plastic
bottles such as those for containing motor oil, solvents, and other nonhousehold substances.
“Pollution” means the condition caused by the presence in or on a body of water, soil , or air of
any solid waste or substance derived therefrom in such quantity, or such nature and duration, or
under such condition, that the quality, appearance, or usefulness of the water, soil, land, or air is
significantly degraded or adversely altered.
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“Processing” means the reduction, separation, recovery, conversion, or recycling of any
component(s) of solid waste.
“Project” means any activity which requires an application for a construction or demolition
permit, or any similar permit from the City of Chula Vista.
“Putrescible wastes” means the waste in organic material with the potential decomposition
capacity to emit noticeable quantities of odor and gas by-products. Material in this category
includes, but is not limited to, kitchen waste, dead animals, food from containers, etc., except
organic wastes separated therefrom and used in composting.
“Recyclables” means any materials that are recyclable, reclaimable, and/or reusable within the
following generating categories: small quantity generator and large quantity generator. Any
material having an economic value on the secondary materials market or that is otherwise
salvageable shall be included and/or other materials that have been separated from other small or
large quantity generators for the purposes of being recycled for resale and/or reuse, and placed at
a designated recycling or waste collection or storage location or in a designated recycling or waste
container for the purpose of collection and processing, or any such designated recyclable materials
collected under a mixed waste processing program.
“Recycling” shall mean any process by which materials which would otherwise be discarded,
deposited in a landfill or transformation facility and become solid waste are collected (source-
separated, commingled, or as “mixed waste”), separated and/or processed, and returned to the
economic mainstream in the form of raw materials or products or materials which are otherwise
salvaged or recovered for reuse.
“Refuse” means garbage and rubbish.
“Removal” means the act of taking solid wastes or designated recyclables from the place of
generation either by the contract or franchise agent(s), or by a person in control of the premises.
“Removal frequency” means frequency of removal of solid wastes or recyclables from the place
of generation.
“Renovation” means any change, addition, or modification in an existing structure.
“Residential,” for purposes of this chapter, means any building or portion thereof designed or used
exclusively as the residence or sleeping place of one or more persons, including single- and
multiple-family dwellings, apartment-hotels, boarding and lodging houses. “Residential” does not
include short-term residential uses, such as motels, tourist cabins, or hostels which are regulated
as hospitality establishments.
“Residential recyclables” means those specific recyclable materials from residential solid waste
(single-family and multifamily) including, but not limited to, organic waste aluminum, glass
bottles and jars, newspaper, plastic bottles, tin and bi-metal cans, white goods, and yard waste.
“Reuse” means further or repeated use.
2021/07/27 City Council Post Agenda Page 37 of 391
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“Roll-off service” means service provided for the collection, removal and disposal of industrial
waste such as construction, demolition and other primarily inert, putrescible and nonputrescible
wastes and organic green wastes. Roll-off service is usually provided using metal containers of
10 to 40 cubic yards that are open on the top with doors on one end.
“Rubbish” means nonputrescible solid wastes such as ashes, paper, glass, bedding, crockery,
plastics, rubber by-products or litter. Such materials that are designated as recyclable or compost
may be exempt from categorizing as rubbish; provided, such materials are handled, processed and
maintained in a properly regulated manner.
“Salvaging or salvageable” means the controlled and/or authorized storage and removal of sol id
waste, designated recyclables or recoverable materials.
“Scavenging” means the uncontrolled and/or unauthorized removal of solid waste, designated
recyclables or recoverable materials. Such activity is unlawful and is a misdemeanor punishable
by up to six months in jail and $1,000 in civil penalties under CVMC 8.24.200 and 8.25.080 and
Chapter 9, Section 41950 of the California Integrated Waste Management Act of 1989.
“To segregate waste material” means any of the following: the placement of designated
recyclables in separate containers; the binding or bagging of designated recyclables separately
from other waste material and placing in a separate container from refuse, or the same container
as refuse; and the physical separation of designated recyclables from other waste material (either
at the generating source, solid waste transfer station, or processing facility).
“Small quantity generator” means those residential, commercial, industrial and institutional
entities that generate less than 300 gallons of waste per week excluding source-separated
recyclables diverted from disposal or transformation.
“Solid waste” means all putrescible and nonputrescible solid, semisolid and liquid wastes, such
as refuse, garbage, rubbish, ashes, industrial wastes, demolition and construction wastes,
abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable
or animal solid and semisolid wastes, and includes liquid wastes disposed of in conjunction with
solid wastes at solid waste transfer/processing stations or disposal sites, which are generated by
residential, commercial or industrial sites within the City. Solid waste shall not include: hazardous
and infectious waste, sewage collected and treated in a municipal or regional sewage system or
materials or substances having commercial value or other importance which can be salvaged for
reuse, recycling, composting or resale.
“State” shall mean the state of California.
“Storage” means the interim containment of solid wastes, yard organic wastes, or recyclables in
an approved manner after generation and prior to disposal, collection or processing. (“Interim”
means for one week or less; roll-off containers may store nonputrescible waste for up to 30 days.)
“Streets and byways” shall mean the public streets, ways, alleys and places as the same now or
may hereafter exist within said City, including State highways now or hereafter established within
said City.
2021/07/27 City Council Post Agenda Page 38 of 391
Ordinance
Page 18
“Tin and bi-metal cans” means any steel food and beverage containers with a tin or aluminum
plating.
“Total project costs” means the total value of a project as calculated using Chula Vista’s standard
valuation multipliers.
“Transfer or processing station” means those facilities utilized to receive solid wastes and to
temporarily store, separate, convert, or otherwise process the solid waste and/or recyclables.
“Unit” means an individual residence contained in a residential multifamily complex.
“Waste management report (WMR)” means a WMR form, approved by the City Manager or
designee, for the purpose of compliance with this chapter.
“Waste Management Report Compliance Official” means the designated staff person(s)
authorized by the City Manager and responsible for implementing the construction and demolition
debris recycling program.
“White goods” means kitchen or other large enameled appliances which include, but are not
limited to, refrigerators, washers, and dryers.
“Wood waste” means lumber and wood products but excludes tree stumps in excess of 35 pounds,
more than incidental dirt or rock, plastic, glass, metal, painted or treated wood, plywood, particle
board or other manufactured products that contain glue, formaldehyde, nonorganic or
nonbiodegradable materials.
“Vector” means any nuisance such as odor, unsightliness, sound, or a carrier, usually insects or
rodents, that is capable of transmitting a disease.
“Yard waste” means the leaves, grass, weeds, and wood materials from trees and shrubs from the
single-family and multifamily residential sources of the City’s green waste (to include landscape
haulings from residential sources). Acceptable materials for collection include all yard waste as
herein defined, excluding treated or processed wood or lumber, bulky waste or any other materials
as shall be determined by the City as to not be salvageable. All acceptable yard waste shall be void
of nails, wire, rocks, dirt or any other material that is not considered yard waste.
[Sections 8.25.030 through 8.25.035 remain unchanged]
8.25.040 Separation of recyclable materials, storage, and containers.
A. The owner, operator, and/or occupant of any premises, business establishment, industry, or
other property, vacant or occupied, shall be rebuttably presumed to be the generators of, and be
responsible for the safe and sanitary storage of, all solid waste, designated recyclables, and organic
compost accumulated on the property. The designated recyclables and organic waste compost
shall be stored separately from refuse. The property owner, operator, or occupant shall store such
solid waste, designated recyclables, and organic waste compost on the premises or property in
such a manner so as not to constitute a fire, health, or safety hazard, and shall require it to be
handled in such a manner so as not to promote the propagation, harborage, or attraction of vectors,
or the creation of litter or other nuisances.
2021/07/27 City Council Post Agenda Page 39 of 391
Ordinance
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[Subsections 8.25.040 B through H remain unchanged]
8.25.050 Mandatory recycling.
It shall be mandatory for all generators of residential, commercial, and industrial recyclables and
organic waste in the City to separate from refuse, for recycling purposes, all designated
recyclables and otherwise participate in recycling as described by this chapter. This municipal
code hereby authorizes the City Manager or designee, to develop, implement, and amend as
necessary a procedure for the receipt and investigation of written complaints, and sets forth
the requirements for the procedure for the compliance of this section with all applicable
municipal code enforcement requirements.
[Section 8.25.060 remains unchanged]
8.25.070 Reports.
A. All commercial and industrial establishments shall submit recycling tonnage documentation
on an annual basis to the City’s Environmental Services Manager or City Manager designee
conservation coordinator, due on or before January 31st, for the previous year. Annual reporting
shall be on the form promulgated by the City Manager, and commence on the first anniversary of
the date set forth in the mandatory recycling implementation schedule as established in this chapter
as July 1, 1993. Voluntary reporting prior to the required mandatory recycling is encouraged.
B. All applicants for a construction or demolition permit for a covered project must submit a
waste management report (WMR) to the Waste Management Report Compliance Official for
approval, prior to permit issuance, per CVMC 8.25.095.
[Section 8.25.080 through 8.25.090 remain unchanged]
8.25.095 Construction and demolition debris recycling.
The provisions of this chapter shall outline the means of achieving compliance with California
Green Building Standards Code (Title 24, Part II, Sections 4.408 and 5.408) and this code. Where
this code is more stringent, this code applies.
A. Projects.
1. Covered Projects. The following project categories are covered projects and must comply
with this section:
a. Any project requiring a permit for demolition or construction, unless defined as a non-
covered project in subsection (A)(4) of this section.
b. Any sequenced developments, such as housing subdivision construction or
subdivision demolition, must be considered as a project in its entirety for purposes of this
section, and not as a series of individual projects.
c. Any individually built single-family home.
2021/07/27 City Council Post Agenda Page 40 of 391
Ordinance
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2. City-Sponsored Projects. All City construction and demolition projects shall be considered
covered projects and shall submit a waste management report to the City Manager or designee
prior to issuance of any construction or demolition permits.
3. All Ttenant improvements greater than 1,000 square feet but less than 10,000 square feet,
and individual single-family home construction, remodel, addition or renovation, shall submit
a waste management report only. No performance deposit is required.
4. Non-Covered Projects. A performance deposit and waste management report shall not be
required for the following:
a. Work for which a construction or demolition permit is not required.
b. Roofing projects that do not include tear-off of existing roof.
c. Work for which only a plumbing, only an electrical, or only a mechanical permit is
required.
d. Seismic tie-down projects.
e. Projects less than 1,000 square feet.
f. e. Emergency required to protect public health and safety.
[Subsections 8.25.095 B through D and Section 8.25.100 remain unchanged]
Section II. 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
2021/07/27 City Council Post Agenda Page 41 of 391
Ordinance
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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
_____________________________________ ____________________________________
Eric C. Crockett Glen R. Googins
Deputy City Manager City Attorney
2021/07/27 City Council Post Agenda Page 42 of 391
SECOND READING AND ADOPTION
C:\Program Files\eSCRIBE\TEMP\1823323122\1823323122,,,Ordinance – Item 21-0060.docx
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
VARIOUS SECTIONS OF CHULA VISTA MUNICIPAL CODE
CHAPTERS 8.24, “SOLID WASTE AND LITTER,” AND 8.25,
“RECYCLING,” TO UPDATE THE DEFINITION OF ORGANIC
WASTE, AUTHORIZE THE CITY MANAGER TO DEVELOP
AN ENFORCEMENT PROCEDURE TO PREVENT THE
LANDFILL DISPOSAL OF ORGANIC WASTE, AND MODIFY
THE PROCESSING OF DELINQUENT WASTE COLLECTION
PAYMENTS
WHEREAS, Senate Bill 1383 codified the California Air Resources Board’s Short-Lived
Climate Pollutant Reduction Strategy, as it relates to reduction in the emissions of short -lived
climate pollutants such as methane from solid waste; and
WHEREAS, the regulation was approved by the State of California’s Office of
Administrative Law in November 2020 and prescribes specific actions that local jurisdictions must
take to reduce short-lived climate pollutants related to solid waste collection, the regulation also
requires municipal agencies to modify solid waste management programs to achieve new organics
waste reductions targets; and
WHEREAS, staff determined that amendments are required to Chula Vista Municipal
Code chapters 8.24 and 8.25 in order to comply with the State of California regulation which
requires jurisdictions to mandate that organic waste is diverted from landfill disposal and having
enforcement procedures to ensure that waste generators assist respective jurisdictions comply with
the regulations; and
WHEREAS; this ordinance also amends language in Chula Vista Municipal Code Chapter
8.24 to streamline the City’s management of waste collection of overdue payments for prompt
resolutions related to inquiries handled by the City of Chula Vista and Republic Services.
NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows:
Section I. Amendment of Chula Vista Municipal Code Chapters 8.24 and 8.25
A. Chapter 8.24, “Solid Waste and Litter,” is hereby amended as follows:
[Section 8.24.010 through 8.24.070 remain unchanged]
2021/07/27 City Council Post Agenda Page 43 of 391
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8.24.080 Solid waste – Containers approved for use by small quantity generators
(single-family residential and small businesses with cart service) and large
quantity generators (bin or roll-off service) for solid waste, organic waste and
recyclables.
A. It is unlawful for any small quantity generator in a residential area to keep or store any solid
waste, and recyclables and organic waste within containers except those provided by the City
contract or franchise agent. Large quantity generators shall utilize containers provided by the City
contract or franchise agent. Compactor containers or other receptacles provided by large quantity
generators, such as commercial and industrial customers, must be approved by the City contract
or franchise agent for compatibility with collection equipment before use. Use of incompatible
compactors or other containers is not allowed and the purchase or lease of such equipment will not
be considered grounds for an exemption from mandatory service.
B. Further, every person having the care or control of any place or premises within the City where
solid waste accumulates or exists shall cause such solid waste to be placed and kept in such
watertight containers, with lids securely fitted, and in a number adequate to contain the total
amount of solid waste (refuse, recycling and organic waste) accumulating during the maximum
allowed one-week interval between each collection or removal thereof.
C. Enclosures for solid waste containers must be of adequate size to hold the number of containers
required to temporarily store the refuse, recycling and organic waste generated in between service
intervals, pursuant to subsection (A) of this section. The enclosures shall also be adequate in size
to accommodate other ancillary collection and removal services, i.e., grease rendering as defined
in CVMC 19.58.340.
8.24.090 Solid waste – Placement in containers or bundles – Restrictions.
All solid waste shall be kept within sturdy containers made of metal or plastic, and no solid waste
shall be placed in any container so that it protrudes or extends beyond such containers. Containers
shall also have tight-fitting lids sufficient to keep out the rain and prevent litter. Every owner,
tenant, occupant or person having responsibility for premises shall subscribe for adequate service
and maintain the number of rigid containers and lids sufficient to separately hold their weekly solid
waste (refuse, recyclables and organic waste). Organic waste and other designated recyclables
shall never be placed for collection in plastic bags. Cardboard containers shall not be used as solid
waste containers and should be emptied, broken down and placed at the designated collection
location for collection with recyclables.
A. The following actions are approved for solid waste by small quantity generators (single-family
residential and small businesses with curbside collection service):
1. Color-coded and specially marked containers will be provided upon request by the City
contract or franchise agent for used oil, oil filters, and designated recyclables at no additional
charge. Color-coded and specially marked containers for organic waste will be provided at the
resident’s option.
2021/07/27 City Council Post Agenda Page 44 of 391
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2. Brush and limbs of trees may be placed outside of organic waste containers, tied with
natural fiber (compostable) twine into bundles of not more than four feet in length, 18 inches
in diameter and 35 pounds in weight;
3. Any person desiring to receive different, additional, or more frequent service may do so
through the contract or franchise agent, on mutually agreeable terms and conditions, by
contacting the contract or franchise agent at least two days before their regular refuse
collection service day.
B. The following actions are prohibited for small quantity generators:
1. Use of severely damaged containers or containers with jagged or sharp edges (said
containers will be appropriately tagged by contract or franchise agent first time noted and will
be collected by contract agent if used subsequently to being so tagged);
2. Placement of hazardous or toxic wastes, such as solvents, paints, pesticides, fuels,
explosives and medical wastes, at the designated collection location for collection by the City
or any contract or franchise agent(s). This prohibition is not intended to exclude the door-to-
door collection of any hazardous waste, by appointment, by a contractor licensed by the City
and permitted by the State Department of Toxic Substances or the county environmental
health department;
3. Placement of construction and demolition waste at the designated collection location for
service by the City contractor or franchise agent which may resist compaction or damage
equipment, such as large metal objects, concrete blocks, dirt or tires. This prohibition is not
intended to prevent a resident from making an appointment for free bulky pick -up, free used
oil and filter collection, or contracting with the City contract or franchise agent for a temporary
bin for construction debris, metals, organic waste and source-separated recyclable materials;
4. Deposit of solid waste or any other material in waste containers intended for use by, or
belonging to, others;
5. The disposal of designated recyclables and organic waste in solid waste containers.
C. Enforcement.
1. Generators that fail to place solid waste (refuse, recyclables or organic waste) out for
collection in proper containers or fail to properly separate recyclables will be tagged with a
notice and provided with proper instructions.
2. Repeated violation of proper set-out and/or separation after notification by the City or its
contract or franchise agent will subject to additional notification of a Chula Vista municipal
code violation by notice of violation or administrative citation
[Section 8.24.100 through 8.24.170 remain unchanged]
2021/07/27 City Council Post Agenda Page 45 of 391
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8.24.180 Payment of solid waste collection charges – Penalty for delinquency.
A. Payment Obligation. The City Council finds and determines that the regular collection of solid
waste, organic waste and designated recyclables, and the disposal or processing thereof by the
contract or franchise agent of the City from all places in the City, is a part of the integrated solid
waste management service to the premises from which it is collected. All owners and occupants
of premises within the City shall be responsible for paying the monthly collection service rate
charged by the City or its contract or franchise agent, or shall comply with the provisions of this
chapter for an exemption from mandatory service as set forth in subsection (H) of this section. No
person that has not previously applied for and received an exemption shall willfully fail, neglect
or refuse, after demand by the City or its contract or franchise agent, to pay the service fees.
[Subsections 8.24.180 B through D remain unchanged]
E. Penalties for Delinquency – Notification.
1. Delinquent Accounts – Generally. A bill shall be considered delinquent if payment in full
is not received by the close of business or postmarked before midnight of the due date as
shown on the bill. However, when the final day falls on a Saturday, Sunday or legal holiday,
payment may be made without penalty on the next regular business day.
2. Late Notice. In the event the owner or occupant of any premises or business shall be
delinquent in payment of any part or all of the solid waste fees and delinquency continues for
a period of 10 days after the due date shown on the bill, the City’s contract or franchise agent
shall send notification (“late notice”) to the owner and occupant informing both of the amount
owed and the schedule of penalties and costs accrued at each stage of delinquenc y as defined
below. The notification to the owner shall be mailed to the name and address listed on the last
available property tax assessment roll and shall include the potential delinquency amount to
be assessed as a lien and collected on the owner’s property tax bill. If payment in full is not
received by the due date on the bill/invoice, the City or its contract or franchise agent may
impose a one-time late/processing fee equal to 10 percent of the charges owed for large
quantity generators or $10.00 for small quantity generators. In addition, for each 30 days the
delinquent bill remains unpaid, the City or its contract or its franchise agent may impose
additional late/processing fees equal to one and one-half percent of the outstanding debt. If
the bill is not paid within 15 days of the invoice due date, the City contract or franchise agent
may charge an additional restart fee of $10.00. (The penalties and restart fee are designated
for administrative convenience only in the master fee schedule.) The Cit y or its contract or
franchise agent must at minimum send one bill/invoice at least 10 days before the due date
and one notification letter by first class mail to the owner or occupant prior to assessing a
penalty.
3. Final Late Notice. In the event that the owner or occupant of any premises or business is
delinquent in payment of all or any part of the solid waste bill, other than that for which they
have applied for and received an exemption from the City, for a period of 90 days after the
due date of the invoice, the City or its contract or franchise agent shall send a second
notification (“final late notice”) to the owner and occupant. The notification shall include the
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total current amount due, a description of the potential penalties for delinquent amounts and a
description of the potential lien process, the location where the bill may be paid in person
during regular business hours and a self-addressed return envelope for payment by mail.
4. Final Notice of Delinquency.
Prior to setting a hearing to consider a lien pursuant to the process set forth below, the City or its
contract or franchise agent will send notification (“final notice of delinquency”) to the property
owner and occupant with a detailed description of the amount owed, the penalty schedule, lien
procedure and associated costs and administration fees (the penalties and fees are designated for
administrative convenience only in the master fee schedule).
When the full amount for said solid waste service charge is not paid within 15 days after the
final notice of delinquency, the City or its contract or franchise agent shall assign the delinquent
account to the City for collection. Upon such assignment, the delinquent charges, penalties and
fees may be collected by the City:
a. Pursuant to a lien imposition and property tax bill process provided below;
b. By suit in any court of competent jurisdiction; or
c. By any other manner permitted by law or equity at the City’s discretion.
F. Lien Process for Solid Waste Services.
1. Hearing and Lien – Notice. When the full amount for said solid waste service charge is
not paid within 15 days after the final notice of delinquency, the City Clerk may set said
delinquent account for hearing by the City Council at a regular or adjourned regular meeting,
which will be held at least seven calendar days after such 15-day period has expired. The
owner of the property shall be mailed notice of the time and place of the hearing at least 10
days in advance of the hearing. The notice shall also inform the property owner that failure to
pay said delinquent account will result in a lien upon the property, and the amount owed will
be charged to the property owner on the next regular tax bill. Notice of the public hearing shall
also be published once at least 10 days in advance thereof in a newspaper of general circulation
published in the City of Chula Vista. The City Clerk shall post a copy of such notice of the
time and place of hearing, in a conspicuous place at or near the entrance of the Council
chambers in the City Hall.
2. Delinquent Accounts – Hearing and Assessment. The City Council shall consider said
delinquent accounts at the time set for hearing, together with any objections or protests by
interested parties. Any owner of land or person affected by the charges may present a written
or oral protest or objection to the delinquency of said account or the amount owed thereon. At
the conclusion of the hearing, the City Council shall either approve the delinquency and
amount owed on the account as submitted or as modified or corrected by the City Council.
The decision of the City Council on the charges and on all protests or objections shall be final
and conclusive. The amounts so approved shall reflect the entire amount due, including all
penalties, interest and administrative fees that have accrued against the account as of the date
of the hearing plus any county fees (for processing and collecting the lien). The amount shall
be charged to the property owner on the next regular tax bill and shall be a lien upon the
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property involved. The City Council shall confirm such assessment and cau se the same to be
recorded on the assessment roll and, thereafter, such assessment shall constitute a special
assessment and lien upon the property. The City Council shall adopt a resolution assessing
such amounts as liens upon the respective parcels of land as they are shown upon the last
available assessment roll.
3. Delinquent Accounts – Administrative Fee. All delinquent accounts that are not paid within
10 days after the final delinquency notice has been posted may be charged an administrative
processing fee to offset the costs incurred by the City in administering the provisions of this
chapter. The administrative processing fee (designated for administrative convenience only in
the master fee schedule) shall be added to the amount that shall be charged to the property
owner on the next regular tax bill under subsection (F)(2) of this section.
G. Solid Waste Service Deposits Required When – Amount. The City or its contract or franchise
agent have the right to require deposits from the owner or occupant of any premises who has
allowed his/her bill for solid waste service charge to become delinquent or who does not have an
acceptable credit rating. Deposits shall be equal to the estimated amount of the solid waste service
charges for two billing cycles, but in no event shall the deposit be less than $25.00.
H. Request for Exemption from Fees – City-Approved Exception.
1. Duration of Exemption. All exemptions and extensions granted will be for a period of not
more than 180 days. Applicants that have been cited with a notice of violation or
administrative citation and those that have been late on solid waste fee payments within the
past six months will not be qualified for an exemption.
2. Process for Making Request. Requests for an exemption from mandatory solid waste
services shall be made on a form provided by the City. Requests on the required form shall be
completed by the applicant and submitted to the City or its contract or franchise agent, as
outlined on the form. An exemption request will only be considered if the applicant
demonstrates that it meets one of the bases set forth in subsections (H)(4)(a) through (H)(4)(d)
of this section.
3. Conditions of an Approved Application. Applicants shall agree to an inspection of their
premises to verify compliance with solid waste diversion. Failure to notify the City or the
City’s contract or franchise agent in writing prior to reoccupying the premises, or otherwise
altering compliance with the exemption conditions, shall constitute delinquency of payment
for collection charges, and charges and penalties shall be retroactive to the first day of the
exemption period. In all cases, property owners and/or their agents will be expected to
maintain sanitary premises pursuant to CVMC 8.24.060 including, but not limited to, litter
abatement, clean sidewalks and gutters, and organic waste recycling (as appropriate),
throughout the exemption period.
4. Bases for Granting Exemption, and Special Terms. Exemptions will not apply
retroactively except as stated in subsection (H)(4)(a) of this section (vacancy exemption). All
exemptions requested by tenants shall also be signed by the property owner. An exemption
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will only be granted if the City or its contractor or franchise agent determines that the
exemption request meets the criteria of subsection (H)(4)(a), (H)(4)(b), (H)(4)(c), or (H)(4)(d)
of this section. The City retains the right to review and modify any decision made by the
contractor or franchise agent.
a. Vacancy Exemption for Unoccupied Premises. In the event that the premises are
unoccupied and all water, sewer, electricity and gas are also disconnected or in the case
of military deployment of all occupants, an owner or occupant of a residence or business
may request a vacancy exemption. Should the premises be unoccupied due to a death or
similar hardship, the executor, beneficiary or county probate administrator may request a
retroactive exemption. It is the responsibility of the occupant and/or the property owner
to cancel an exemption for vacancy and restart service if the property is to be occupied
before the end of the exemption period.
b. Self-Haul. Occupant or tenants of premises may apply for an exemption from fees for
all or part of the solid waste, organic waste and recycling services and remove or convey
waste and/or recyclables for processing and disposal which they generate themselves.
Such persons must provide weekly receipts for disposal at a state-permitted landfill or
transfer station and/or appropriate recycling facility at the end of each billing cycle or
upon demand by the City or its contract or franchise agent. Persons provided an exemption
are still subject to state-mandated waste diversion goals and may not: (i) dispose of their
waste in the waste receptacle of another generator in Chula Vista or another jurisdiction,
or in a park or street litter bin, (ii) contract with a third party to remove and convey their
waste, (iii) burn their waste in their fireplace or by other means, (iv) dispose of designated
recyclables, or otherwise improperly dispose of waste or recyclables as established in
CVMC 8.24.040, 8.24.045 and 8.24.050. A self-hauler exemption is not a permit to haul
waste generated by a second party.
c. Source Reduction, Recycling and Composting Exemption. The occupant/owner of any
premises may apply for an exemption from all or part of the solid waste, yard waste and
recycling fees for 100 percent diversion (no disposal of any kind, anywhere). Such
persons must provide a written description of their solid waste management plans, to
comply with the state-mandated landfill diversion goal and the City’s integrated solid
waste management plan.
d. Property owners and occupants within an area newly annexed to the City that was not
currently using the City’s contract or franchise agent may use the service of a private
refuse collection service other than the City’s franchise agent for a period not to exceed
one billing cycle. If the owner or occupant was under a preexisting franchise agreement
with a private refuse collection service other than the City’s contract or franchise agent,
they may remain with that service to the extent required by law until the end of the
agreement period, less any extensions in that agreement, for a period not to exceed 180
days.
e. The City or its contractor or franchise agent may suspend collection service and/or
charges from a large quantity generator for:
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i. Vacancy;
ii. Delinquency of payment subsequent to implementation of subsection (E) of this
section; or
iii. Mutual agreement by the City and contract or franchise agent. The contractor
shall notify the City quarterly of all suspended accounts that did not result in payment.
8.24.190 Reserved.
8.24.195 Mandatory recycling for exempt and reduced rate customers.
Where a solid waste rate reduction or exemption is granted hereunder, the affected party shall not
be exempted from and shall remain subject to the mandatory recycling ordinance. Each person
receiving a rate reduction or exemption shall be responsible for doing his or her equitable share to
assist the City with the 50 percent landfill diversion goal mandated by the California Integrated
Waste Management Act of 1989 (AB 939) and California statewide effort to reduce emissions of
short-lived climate pollutants (SB 1383 Lara, Chapter 395, Statutes of 2016) including, but not
limited to, participation in source reduction, reuse, recycling and composting of the designated
recyclables and household hazardous waste as applicable. Failure to comply with the mandatory
recycling ordinance or disposal of solid waste at a site other than the premises where the waste
was generated shall be cause for termination of the exemption or reduced rate and shall subject the
rate payer to paying the full cost of service for the full period of the exemption or reduced rate,
plus any applicable penalty for violation of CVMC 8.24.040, 8.24.045 and 8.24.050.
8.24.200 Interference with collection and scavenging prohibited when.
It is unlawful for any person or persons, other than the City contract or franchise agent as defined
herein and authorized by the City to collect solid waste or household hazardous waste, to interfere
in any manner with any solid waste, household hazardous waste, designated recyclables or organic
waste container or the contents thereof, whether owned by private persons, the City, or by its
contract or franchise agent, or to remove any such container or its contents from the location where
the same was placed by the owner thereof. This provision is not intended to prohibit any person,
firm or corporation generating a reusable, recyclable or compostable commodity from selling or
giving the same as he, she or it may desire; provided, that the commodity(ies) shall be removed
and conveyed in a manner strictly in accordance with the rules and regulations of the County
Department of Environmental Health and Chapters 8.23, 8.24, and 8.25 CVMC, and that such
commodities shall be diverted from a landfill, transformation facility, or other land application or
other use not expressly recognized as diversion by the City or the California Integrated Waste
Management Act of 1989.
8.24.210 Littering – By private persons prohibited where.
No person or persons shall leave, discard, deposit, throw away, or cause to be left, discarded,
deposited or thrown away, any solid waste, hazardous waste or medical waste of any type
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including, but not limited to, paper, wood, glass, plastic, metals organic, waste, upon any street,
alley, gutter, sidewalk, parkway, park or recreational area in the City.
8.24.220 Littering – By corporations or persons prohibited where.
It is unlawful for any person, firm, company or corporation to deposit upon any sidewalk or street
within the City any sweepings from any sidewalk, stairway or other opening leading to the street
or sidewalk. All such sweepings or material from any sidewalk or any other opening leading to the
street or sidewalk within the City shall be removed in a pan, shovel or other contain er and placed
in a container for solid waste, or organic waste recycling or other recycling container as
appropriate.
8.24.230 Owner or occupant duty to keep sidewalks free of litter.
It shall be the duty of all owners and occupants of buildings in the City and the duty of all owners
of vacant lots in the City to keep the sidewalks adjacent to such premises clean and free of any
solid waste of any type including, but not limited to, paper, wood, glass, plastic, metals, organic
waste, noxious weeds and vegetation or other organic matter.
B. Chapter 8.25, “Recycling,” is hereby amended as follows:
[Section 8.25.010 remains unchanged]
8.25.020 Definitions.
For purposes of this chapter, and other Municipal Code provisions referring hereto, the following
words shall have the meanings ascribed thereto, unless the context in which they are used clearly
indicates another meaning:
“Aluminum” means recoverable materials made from aluminum, such as used aluminum food or
beverage containers, aluminum foil, siding, screening, and other items manufactured from
aluminum.
“Applicant” means any individual, firm, limited liability company, association, partnership,
political subdivision, government agency, municipality, industry, public or private corporation, or
any other entity whatsoever who applies to the City for the applicable permits to undertake any
construction, demolition, or renovation project within the City of Chula Vista.
“Bin” shall mean those plastic or metal containers of one cubic yard (202 gallons) to eight cubic
yards that have plastic lids on the top (unless metal lids are designated by the City Manager). Bins
are used for weekly or more frequent collection of waste, organic waste or designated recyclables
by the City or its franchise agent.
“Bulky waste” means discarded items whose large size or shape precludes or complicates their
handling by standard residential or commercial solid waste, recycling and organic waste collection
methods. Bulky items include white goods, furniture, large auto parts, trees, stumps, carpet and
other potentially oversize wastes. Bulky waste does not include hazardous or infectious waste
unless specifically exempt, such as freon-containing refrigerators.
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“Buy-back center” means a facility licensed and permitted by the Department of Conservation
and/or local jurisdiction which pays a fee for the delivery and transfer of ownership to the facility
of source-separated materials for the purpose of recycling or composting.
“Cardboard” means post-consumer waste paper grade corrugated cardboard (grade No. 11), kraft
(brown) paper bags, or solid fiber boxes which have served their packaging purposes and are
discarded and can later be reclaimed for collection and recovery for recycling.
“Carts” shall mean those plastic containers with a capacity of less than 202 gallons (one cubic
yard). Carts shall have a fixed lid and are designed for automated and/or semi-automated collection
of solid waste, organic waste and/or designated recyclables by the City or its franchise agent.
“City” shall mean the City of Chula Vista, a municipal corporation of the state of California, in
its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated
form.
“Collection” means the act of removing and conveying nonhazardous and noninfectious solid
waste, commingled or source-separated materials, from residential, commercial, industrial, or
institutional (governmental) generators to a facility for processing, composting, transfer, disposal
or transformation.
“Commercial” means a site and/or business zoned or permitted for any use other than residential
including, but not limited to, commercial, light industrial, industrial and agricultural and are
serviced by a cart bin or compactor collection vehicle.
“Commercial recyclables” means designated recyclable materials from the two commercial
subcategories of “office” and “hospitality.” Materials include, but are not limited to: organic waste
office paper, cardboard, newspaper, and aluminum from offices; and cardboard, glass bottles and
jars, plastic bottles, aluminum, tin and bi-metal cans, and white goods.
“Compactor containers” means those fully enclosed metal containers of two to 40 cubic yards
provided by the City’s hauler or customer. Compactors typically serve very large quantity
generators.
“Compost” means the product resulting from the controlled biological decomposition of organic
wastes that are source-separated from the municipal solid waste stream.
“Composting” shall mean the controlled and monitored process of converting organic wastes into
compost.
“Construction” means the building of any facility or structure or any portion thereof including any
tenant improvements to an existing facility or structure.
“Construction and demolition waste” means used or discarded materials removed from the
premises during demolition, dredging, grubbing, and building, resulting from construction,
remodeling, repair, and/or demolition activities on housing, commercial, governmental buildings,
and other structures and pavement.
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“Contract or franchise agent(s)” means any person or private or public entity designated by the
City Council, pursuant to Article XII of the City Charter and Chapter 8.23 CVMC, as being
responsible for administering the collection, processing and/or disposal of solid waste or
designated recyclables.
“Conversion rate” means the rate set forth in the standardized conversion rate table approved by
the City pursuant to this chapter for use in estimating the volume or weight of materials identified
in a waste management report.
“Covered project” shall have the meaning set forth in CVMC 8.25.095.
“Demolition” means the decimating, deconstructing, razing, ruining, tearing down or wrecking of
any facility, structure, pavement or building, whether in whole or in part, whether interior or
exterior.
“Divert” means to use material for any purpose other than disposal in a landfill or transformation
facility.
“Diversion requirement” means the diversion of 100 percent of inert waste, to include asphalt,
concrete, bricks, tile, trees, stumps, rocks, and associated vegetation and soils resulting from land
clearing, and not less than 50 percent of the remaining waste generated, via reuse or recycling,
unless a partial or full diversion exemption has been granted pursuant to CVMC 8.25.095, in which
case the diversion requirement shall be the maximum feasible diversion rate established by the
Waste Management Report Compliance Official for the project.
“Recycling box” shall mean those containers with a capacity of 18 gallons to 32 gallons which
are supplied by the City or its franchise agent for manual collection of designated recyclables at
special events.
“Curbside collection” means the service of removing and conveying nonhazardous and
noninfectious solid waste, source-separated recyclables and/or organic waste from the public
thoroughfare at the curb or alley. (The City shall make the final determination regarding eligibility
for curbside collection, which shall generally apply to small quantity generators.)
“Designated containers” (“containers”) shall mean those containers designated by the City
Manager for temporary storage and collection of waste or designated recyclables including but not
limited to curbside bins, carts, bins, roll-off boxes, and/or compactor containers.
“Designated recyclables” means those materials designated by the City Manager for recovery or
reuse. Any material having an economic value on the secondary materials market or that is
otherwise salvageable shall be included and/or other materials that have been separated from other
small quantity or large quantity generators for the purposes of being recycled for resale and/or
reuse, and placed at a designated recycling or waste collection or storage location or in a designated
recycling or waste container for the purpose of collection and processing, or any such designated
recyclable materials collected under a mixed waste processing program. The list includes, but is
not limited to: newspaper (ONP), mixed paper (MP), corrugated cardboard (OCC), steel, tin and
bi-metal cans, metal coat hangers, aluminum containers, white goods, glass food and beverage
containers, No. 1 and No. 2 plastic containers, all California redemption containers, used oil, used
oil filters, organic waste, clean lumber, concrete and asphalt.
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“Designated solid waste and recycling collection or storage location” means a place designated
by the City Manager for storage and/or collection of waste, organic waste and/or recyclables
pursuant to CVMC 8.24.100. Designated locations include, but are not limited to, the curb, alley,
waste/recycling enclosure, a loading dock, or basement of a commercial enterprise or multifamily
complex where waste and recyclables are placed for collection or temporary storage prior to
collection by the City’s franchise agent.
“Franchised recyclables” means any residential, commercial or industrial recyclables, as defined
herein, to be collected by the City’s contract agent or franchisee, placed in designated recycling
containers or at designated recycling collection or storage location(s).
“Garbage” means all nonhazardous, noninfectious waste, except organic wastes separated
therefrom and used in composting or anaerobic digestion in accordance with CVMC 8.25.090.
“Generator” means every owner, tenant, occupant or person owning or having the care and control
of any premises in the City including the temporary use of parks, open space or a public
thoroughfare.
“Glass bottles and jars” means food and beverage containers made from silica or sand, soda ash,
and limestone, the product being transparent or translucent and being used for packaging or
bottling, including container glass designated redeemable under the California Beverage Container
Recycling and Litter Reduction Law, Division 12.1 (commencing with Section 14500) of the
California Public Resources Code, as well as glass jars and bottles without redeemable value
(“scrap”), but excluding household, kitchen, and other sources of noncontainer glass such as
drinking glasses, ceramics, light bulbs, window pane glass, and similar glass products that are not
bottles or jars.
“Grantee” shall mean the City’s franchise agent(s).
“Organic wastes” means the leaves, grass, weeds, shrubs, tree branches, tree trunk and other wood
materials from trees. Organic waste may also include preconsumer non-edible food waste and
postconsumer non-edible food waste, incidental amounts of waxed or plastic-coated cardboard
food-soiled paper, food-soiled cardboard and unpainted and untreated lumber. Organic Green
waste does not include incidental dirt or rock, plastic, glass, metal, painted or treated lumber,
plywood, particle board, or other manufactured products that contain glue, formaldehyde,
nonorganic or nonbiodegradable materials.
“Organic waste processing” means the accumulation and storage of Organic waste in a manner
that leads to the intentional or unintentional thermophilic decomposition of Organic waste. The
acceptance of payment for organic waste and the accumulation of more than 15 yards or three tons
per year of unprocessed, shredded, ground or composted material shall constitute organic waste
processing and is subject to the City, County and State requirements regulating compost and/or
solid waste facilities. Residential, commercial and agricultural sites that generate, stockpile or
process organic waste material generated on-site and used on-site without sale of finished or
unfinished material, that are otherwise compliant with all conditions of the Municipal Code for
nuisance, may apply for an annual exemption.
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“Hazardous or toxic waste” means any waste material or mixture of wastes which is toxic,
corrosive, flammable, explosive, an irritant, a strong sensitizer, and which generates pressure
through decomposition, heat or other means, if such a waste or mixture of wastes may cause
substantial personal injury, serious illness or harm to humans, domestic animals, or wildlife,
during, or as an approximate result of, any disposal of such wastes or mixtures of wastes as defined
in Section 25117 of the California Health and Safety Code, which is not legally disposable at a
Class III landfill.
“Hospitality” means any establishment that offers dining services, food or beverage sales. This
includes taverns, bars, cafeterias, and restaurants, as well as motels and hotels (temporary housing
of less than one month duration), hospitals, schools, colleges, and other such establishments that
have dining services, or a restaurant or bar, on their premises.
“Industrial recyclables” means recyclables from industrial, construction, and demolition
operations, including, but not limited to, asphalt, concrete, dirt, land-clearing brush, sand and rock.
“Industrial solid waste” means solid waste originating from mechanized manufacturing facilities,
factories, refineries, construction and demolition projects, and/or publicly operated treatment
works, excluding recyclables and organic waste, if properly handled and treated, and excluding
hazardous or toxic waste.
“Inert waste” means materials such as concrete, soil, fully cured asphalt, bricks, rocks, slag,
ceramics, earthen cooking ware, clay and clay products, crushed glass, fiberglass, roof shingles,
and plaster. Inert waste does not contain putrescible waste or compostable waste.
“Improper disposal” means the discarding of any item or items upon public or private premises
that were not generated on the premises as a part of its authorized use, unless written consent of
the property owner is first obtained.
“Improper disposal site” means any premises that have intentionally or unintentionally
accumulated solid waste or recyclables and/or charged a fee for accepting material without a solid
waste or composting permit from the county local enforcement agency. Thi s does not include
businesses licensed and permitted in the City to purchase source-separated recyclables.
“Incidental waste” means less than one pound of waste deposited in a public litter bin or
designated waste container to prevent litter, such as waste from a fast food meal deposited in a
designated waste container or public litter bin by a pedestrian or vehicle operator.
“Industrial generator” means any property or generator that is engaged in the manufacture of
products including but not limited to construction and demolition. Industrial generators are
typically serviced by roll-off box containers of 10-yard to 40-yard capacities and typically generate
inert materials such as asphalt, concrete, building debris and some wood and dry green waste.
“Industrial” means any form of mechanized manufacturing facilities, factories, refineries, and
construction and demolition operations, excluding hazardous waste operations.
“Institutional” shall mean any premises owned and/or occupied by local, State and fede ral
agencies, typically office or education facilities with a common waste stream.
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“Integrated solid waste management” means a planned program for effectively controlling the
storage, collection, transportation, processing and reuse, conversion, or disposal of solid waste,
recyclables and/or organic waste in a safe, sanitary, aesthetically acceptable, environmentally
sound and economical manner. It includes all administrative, financial, environmental, legal and
planning functions as well as the operational aspects of solid waste handling, disposal, litter control
and resource recovery systems necessary to achieve established objectives.
“Landfill” means a disposal system by which solid waste is deposited in a specially prepared area
which provides for environmental monitoring and treatment pursuant to the California Code of
Regulations, California Public Resources Code and the Federal Resource Conservation and
Recovery Act.
“Large quantity generator” means those residential, commercial, industrial and institutional
entities that generate more than 300 gallons of waste per week excluding source-separated
recyclables diverted from disposal or transformation.
“Mixed waste processing” means a system of recovering recyclables from the mixed waste stream
through separation at a processing facility, transfer station, landfill, or other such facility, instead
of separation at the primary waste generation source.
“Multifamily” means a structure or structures containing a total of four or more dwelling units in
any vertical or horizontal arrangement on a single lot or building site.
“Newspaper” means newsprint-grade paper including any inserts that come in the paper, and
excluding soiled paper, all magazines and other periodicals, telephone books, as well as all other
paper products of any nature.
“Non-covered project” shall have the meaning set forth in CVMC 8.25.095.
“Nuisance” means anything which is injurious to human health, or is indecent or offensive to the
senses, and interferes with the comfortable enjoyment of life or property, and affects at the same
time an entire community or neighborhood, or any number of persons, although the extent of
annoyance or damage inflicted upon the individual may be unequal, and which occurs as a result
of the storage, removal, transport, processing, or disposal of solid waste, compost, and/or
designated recyclables.
“Office” or “offices” for purposes of this chapter shall mean any office, combination of offices,
or connected building or office space regardless of office affiliation, ownership, or occupancy.
This includes, but is not limited to, businesses used for retail, wholesale, professional services,
legal services, financial services (to include banks), medical services, shipping and receiving areas,
churches, schools, colleges, and libraries.
“Office paper” means waste paper grades of white and colored ledgers and computer paper.
Examples include forms, copy paper, stationery, and other papers that are generally associated
with desk and employee work area activity, and any additional materials to be added by ordinance.
“Performance deposit” means cash, money order, check, or surety bond in the amount set forth in
CVMC 8.25.095(B)(3).
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“Plastic bottle” means a plastic container with narrow neck or mouth opening smaller than the
diameter of the container body, used for containing milk, juice, soft drinks, water, detergent,
shampoo or other such substances intended for household or hospitality use; to be distinguished
from nonbottle containers (e.g., deli or margarine tub containers) and from nonhousehold plastic
bottles such as those for containing motor oil, solvents, and other nonhousehold substances.
“Pollution” means the condition caused by the presence in or on a body of water, soil, or air of
any solid waste or substance derived therefrom in such quantity, or such nature and duration, or
under such condition, that the quality, appearance, or usefulness of the water, soil, land, or air is
significantly degraded or adversely altered.
“Processing” means the reduction, separation, recovery, conversion, or recycling of any
component(s) of solid waste.
“Project” means any activity which requires an application for a construction or demolition
permit, or any similar permit from the City of Chula Vista.
“Putrescible wastes” means the waste in organic material with the potential decomposition
capacity to emit noticeable quantities of odor and gas by-products. Material in this category
includes, but is not limited to, kitchen waste, dead animals, food from containers, etc., except
organic wastes separated therefrom and used in composting.
“Recyclables” means any materials that are recyclable, reclaimable, and/or reusable within the
following generating categories: small quantity generator and large quantity generator. Any
material having an economic value on the secondary materials market or that is otherwise
salvageable shall be included and/or other materials that have been separated from other small or
large quantity generators for the purposes of being recycled for resale and/or reuse, and placed at
a designated recycling or waste collection or storage location or in a designated recycling or waste
container for the purpose of collection and processing, or any such designated recyclable materials
collected under a mixed waste processing program.
“Recycling” shall mean any process by which materials which would otherwise be discarded,
deposited in a landfill or transformation facility and become solid waste are collected (source-
separated, commingled, or as “mixed waste”), separated and/or processed, and returned to the
economic mainstream in the form of raw materials or products or materials which are otherwise
salvaged or recovered for reuse.
“Refuse” means garbage and rubbish.
“Removal” means the act of taking solid wastes or designated recyclables from the place of
generation either by the contract or franchise agent(s), or by a person in control of the premises.
“Removal frequency” means frequency of removal of solid wastes or recyclables from the place
of generation.
“Renovation” means any change, addition, or modification in an existing structure.
“Residential,” for purposes of this chapter, means any building or portion thereof designed or used
exclusively as the residence or sleeping place of one or more persons, including single- and
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Ordinance
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multiple-family dwellings, apartment-hotels, boarding and lodging houses. “Residential” does not
include short-term residential uses, such as motels, tourist cabins, or hostels which are regulated
as hospitality establishments.
“Residential recyclables” means those specific recyclable materials from residential solid waste
(single-family and multifamily) including, but not limited to, organic waste aluminum, glass
bottles and jars, newspaper, plastic bottles, tin and bi-metal cans, white goods, and yard waste.
“Reuse” means further or repeated use.
“Roll-off service” means service provided for the collection, removal and disposal of industrial
waste such as construction, demolition and other primarily inert, putrescible and nonputrescible
wastes and organic wastes. Roll-off service is usually provided using metal containers of 10 to 40
cubic yards that are open on the top with doors on one end.
“Rubbish” means nonputrescible solid wastes such as ashes, paper, glass, bedding, crockery,
plastics, rubber by-products or litter. Such materials that are designated as recyclable or compost
may be exempt from categorizing as rubbish; provided, such materials are handled, processed and
maintained in a properly regulated manner.
“Salvaging or salvageable” means the controlled and/or authorized storage and removal of solid
waste, designated recyclables or recoverable materials.
“Scavenging” means the uncontrolled and/or unauthorized removal of solid waste, designated
recyclables or recoverable materials. Such activity is unlawful and is a misdemeanor punishable
by up to six months in jail and $1,000 in civil penalties under CVMC 8.24.200 and 8.25.080 and
Chapter 9, Section 41950 of the California Integrated Waste Management Act of 1989.
“To segregate waste material” means any of the following: the placement of designated
recyclables in separate containers; the binding or bagging of designated recyclables separately
from other waste material and placing in a separate container from refuse, or the same container
as refuse; and the physical separation of designated recyclables from other waste material (either
at the generating source, solid waste transfer station, or processing facility).
“Small quantity generator” means those residential, commercial, industrial and institutional
entities that generate less than 300 gallons of waste per week excluding source-separated
recyclables diverted from disposal or transformation.
“Solid waste” means all putrescible and nonputrescible solid, semisolid and liquid wastes, such
as refuse, garbage, rubbish, ashes, industrial wastes, demolition and construction wastes,
abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable
or animal solid and semisolid wastes, and includes liquid wastes disposed of in conjunction with
solid wastes at solid waste transfer/processing stations or disposal sites, which are generated by
residential, commercial or industrial sites within the City. Solid waste shall not include: hazardous
and infectious waste, sewage collected and treated in a municipal or regional sewage system or
materials or substances having commercial value or other importance which can be salvaged for
reuse, recycling, composting or resale.
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“State” shall mean the state of California.
“Storage” means the interim containment of solid wastes, organic wastes, or recyclables in an
approved manner after generation and prior to disposal, collection or processing. (“Interim” means
for one week or less; roll-off containers may store nonputrescible waste for up to 30 days.)
“Streets and byways” shall mean the public streets, ways, alleys and places as the same now or
may hereafter exist within said City, including State highways now or hereafter established within
said City.
“Tin and bi-metal cans” means any steel food and beverage containers with a tin or aluminum
plating.
“Total project costs” means the total value of a project as calculated using Chula Vista’s standard
valuation multipliers.
“Transfer or processing station” means those facilities utilized to receive solid wastes and to
temporarily store, separate, convert, or otherwise process the solid waste and/or recyclables.
“Unit” means an individual residence contained in a residential multifamily complex.
“Waste management report (WMR)” means a WMR form, approved by the City Manager or
designee, for the purpose of compliance with this chapter.
“Waste Management Report Compliance Official” means the designated staff person(s)
authorized by the City Manager and responsible for implementing the construction and demolition
debris recycling program.
“White goods” means kitchen or other large enameled appliances which include, but are not
limited to, refrigerators, washers, and dryers.
“Wood waste” means lumber and wood products but excludes tree stumps in excess of 35 pounds,
more than incidental dirt or rock, plastic, glass, metal, painted or treated wood, plywood, particle
board or other manufactured products that contain glue, formaldehyde, nonorganic or
nonbiodegradable materials.
“Vector” means any nuisance such as odor, unsightliness, sound, or a carrier, usually insects or
rodents, that is capable of transmitting a disease.
“Yard waste” means the leaves, grass, weeds, and wood materials from trees and shrubs from the
single-family and multifamily residential sources of the City’s green waste (to include landscape
haulings from residential sources). Acceptable materials for collection include all yard waste as
herein defined, excluding treated or processed wood or lumber, bulky waste or any other materials
as shall be determined by the City as to not be salvageable. All acceptable yard waste shall be void
of nails, wire, rocks, dirt or any other material that is not considered yard waste.
[Sections 8.25.030 through 8.25.035 remain unchanged]
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8.25.040 Separation of recyclable materials, storage, and containers.
A. The owner, operator, and/or occupant of any premises, business establishment, industry, or
other property, vacant or occupied, shall be rebuttably presumed to be the generators of, and be
responsible for the safe and sanitary storage of, all solid waste, designated recyclables, and organic
accumulated on the property. The designated recyclables and organic waste shall be stored
separately from refuse. The property owner, operator, or occupant shall store such solid waste,
designated recyclables, and organic waste on the premises or property in such a manner so as not
to constitute a fire, health, or safety hazard, and shall require it to be handled in such a manner so
as not to promote the propagation, harborage, or attraction of vectors, or the creation of litter or
other nuisances.
[Subsections 8.25.040 B through H remain unchanged]
8.25.050 Mandatory recycling.
It shall be mandatory for all generators of residential, commercial, and industrial recyclables and
organic waste in the City to separate from refuse, for recycling purposes, all designated recyclables
and otherwise participate in recycling as described by this chapter. This municipal code hereby
authorizes the City Manager or designee, to develop, implement, and amend as necessary a
procedure for the receipt and investigation of written complaints, and sets forth the requirements
for the procedure for the compliance of this section with all applicable municipal code enforcement
requirements.
[Section 8.25.060 remains unchanged]
8.25.070 Reports.
A. All commercial and industrial establishments shall submit recycling tonnage documentation
on an annual basis to the City’s Environmental Services Manager or City Manager designee, due
on or before January 31st, for the previous year. Annual reporting shall be on the form promulgated
by the City Manager, and commence on the first anniversary of the date set forth in the mandatory
recycling implementation schedule as established in this chapter as July 1, 1993. Voluntary
reporting prior to the required mandatory recycling is encouraged.
B. All applicants for a construction or demolition permit for a covered project must submit a
waste management report (WMR) to the Waste Management Report Compliance Official for
approval, prior to permit issuance, per CVMC 8.25.095.
[Section 8.25.080 through 8.25.090 remain unchanged]
8.25.095 Construction and demolition debris recycling.
The provisions of this chapter shall outline the means of achieving compliance with California
Green Building Standards Code (Title 24, Part II, Sections 4.408 and 5.408) and this code. Where
this code is more stringent, this code applies.
A. Projects.
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1. Covered Projects. The following project categories are covered projects and must comply
with this section:
a. Any project requiring a permit for demolition or construction, unless defined as a non-
covered project in subsection (A)(4) of this section.
b. Any sequenced developments, such as housing subdivision construction or
subdivision demolition, must be considered as a project in its entirety for purposes of this
section, and not as a series of individual projects.
c. Any individually built single-family home.
2. City-Sponsored Projects. All City construction and demolition projects shall be considered
covered projects and shall submit a waste management report to the City Manager or designee
prior to issuance of any construction or demolition permits.
3. All tenant improvements less than 10,000 square feet, and individual single-family home
construction, remodel, addition or renovation, shall submit a waste management report only.
No performance deposit is required.
4. Non-Covered Projects. A performance deposit and waste management report shall not be
required for the following:
a. Work for which a construction or demolition permit is not required.
b. Roofing projects that do not include tear-off of existing roof.
c. Work for which only a plumbing, only an electrical, or only a mechanical permit is
required.
d. Seismic tie-down projects.
e. Emergency required to protect public health and safety.
[Subsections 8.25.095 B through D and Section 8.25.100 remain unchanged]
Section II. 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
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The City Council of the City of Chula Vista intends th is 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
_____________________________________ ____________________________________
Eric C. Crockett Glen R. Googins
Deputy City Manager City Attorney
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July 27, 2021
ITEM TITLE
Third Avenue Curb Cafés and Sidewalk Cafés: Approve a Reimbursement Grant Program for Curb Cafés and
Sidewalk Cafés on Third Avenue and Streamline the City’s Permit Processes for Certain Encroachments
Within the Public Right-of-Way
Report Number: 21-0101
Location: Third Avenue between E Street and G Street
Department: Economic Development
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California
Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no
environmental review is required. Notwithstanding the foregoing, the activity qualifies for an Exemptio n
pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines.
Recommended Action
Adopt an ordinance amending Chula Vista Municipal Code chapter 12.28, “Encroachments,” to streamline the
City’s permitting process for certain encroachments within the public right-of-way and make certain updates
(Second Reading and Adoption).
SUMMARY
This item is to support increased outdoor business operations by creating a grant program that would
provide reimbursement to businesses on Third Avenue for costs associated with the design, permitting, and
construction of curb cafés and sidewalk cafés and appropriating American Rescue Plan Act funds received
by the City therefor. This action would authorize the Director of Economic Development, in conjunction with
the Director of Public Works, City Engineer, and Director of Development Services, to develop a permit
process for curb cafés and sidewalk cafés on Third Avenue through July 31, 2023 and authorize the Director
of Economic Development to develop and implement grant program guidelines that are consistent with this
action.
This item also includes an amendment to the Municipal Code that would give the City Engineer and Director
of Public Works broader authority to approve certain encroachments, including for curb and sidewalk cafés,
and clarify which encroachments require staff versus City Council approval. The proposed amendments also
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include other non-substantive and clean up changes that, among other things, clarify the interchangeability
between the Director of Public Works and City Engineer in overseeing the encroachment permit process.
The goal of this item is to encourage placemaking and generate increased economic activity in the City’s
downtown urban core along Third Avenue.
ENVIRONMENTAL REVIEW
The 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; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity
is not subject to CEQA. Although environmental review is not required at this time, once the scope of potential
project(s) has been defined, environmental review will be required for each project and the appropriate
environmental determination will be made. Notwithstanding the foregoing, it has also been determined that
the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental
Quality Act State Guidelines. Thus, no environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
On May 5, 2020, in response to the COVID-19 pandemic, the City Council approved Chula Vista’s COVID-19
90-Day Economic Recovery Plan. One tenet of this plan included exploring the establishment of business-
friendly City policies and programs to create an environment that minimizes costs, burdens, and barriers for
Chula Vista businesses. These efforts were guided by the City’s pursuit to facilitate a safe re-opening and
recovery of Chula Vista’s local economy.
One additional feature of the COVID-19 90-Day Economic Recovery Plan was the City Council’s establishment
of a no-fee permit that allowed businesses on Third Avenue between E and G Streets to encroach into the
public right-of-way, where feasible, for expanded business operations.
On July 14, 2020, the City Council formalized a permitting process to allow for these expanded operations in
the public right-of-way through the approval and creation of a ministerial permit process. The process has
been widely used by businesses along Third Avenue and has been instrumental in ensuring businesses were
able to survive during the pandemic.
On June 15, 2021, Governor Gavin Newsom announced a fully reopened California and a lift of pandemic
executive orders. While restaurants, bars, and breweries are allowed to operate at full indoor capacity they
are still recovering financially from eighteen months of reduced occupancy and revenues. The continued
opportunity to operate outdoors with increased occupancy will help these businesses fully recover over the
next year or so. In addition, during this time the community has enjoyed the opportunity to be outside when
enjoying a meal or a beverage. As a result, staff is proposing to terminate the existing encroachments in the
right-of-way, but replace it with a program that will provide appropriately designed and constructed
improvements within the right-of-way that are permitted and ADA accessible. In addition, proposed
improvements will not be allowed to encroach or impact surrounding businesses but must only be located
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in front of the existing business. This will ensure and encourage more thoughtful placemaking with a goal of
generating increased economic activity along Third Avenue.
To alleviate the financial burden on these businesses staff is also proposing a reimbursement grant program
that would reimburse Third Avenue businesses for the costs of designing, permitting and constructing curb
and sidewalk cafés along Third Avenue. Staff recommends appropriating three-hundred thousand dollars
($300,000) of American Rescue Plan Act monies to fund this program. Businesses along Third Avenue would
be eligible for a reimbursement grant for one (1) year through July 30, 2022.
This action would authorize the Director of Economic Development, in conjunction with the Director of
Public Works, City Engineer, and Director of Development Services, to develop a permit process for curb
cafés and sidewalk cafés on Third Avenue through July 31, 2023 and authorize the Director of Economic
Development to develop and implement grant program guidelines that are consistent with this action. A draft
Temporary Curb/Sidewalk Café Encroachment Permit guide outlining the permit process and grant program
guidelines is included as Attachment 2.
Additional detail for curb cafés and sidewalk cafés is outlined as follows:
Curb Cafés
Restaurants, bars, and breweries would be considered the only businesses eligible to establish curb cafés in
the right-of-way within parking spaces along Third Avenue. Their location would be limited to the area
adjacent to the business’ street frontage, unless written consent is provided from the adjacent/adjoining
business and property owner that the curb café would encroach in front of. To establish a balanced approach
and avoid over-proliferation, staff would generally endeavor to ensure that the number of curb cafés would
be limited to two per each side of each block and that no more than six (6) parking spaces would be
eliminated per block side. The instrument for approval of curb cafés is a “Maintenance Agreement and
Encroachment Permit.” Maintenance Agreements and Encroachment Permits under this program would be
for a period of one (1) year with an option for the City Manager or his/her designee to authorize one (1)
additional one (1) year extension. This twelve to twenty-four month period would allow for: 1) businesses
to continue to recover from the economic impacts of COVID-19; and 2) the City to complete its Downtown
Parking Management Study. After this time, the City intends to re-evaluate the curb café program. The total
reimbursement costs for each curb café would be up to a maximum of fifteen thousand dollars ($15,000).
Staff proposes this limit on the basis of the following estimates used for the design, permitting, and
construction. Design: $2,500; Permitting: $2,500; and, Construction: $10,000.
Sidewalk Cafés
Restaurants, bars, breweries, bakeries, coffee shops and ice cream shops would be considered businesses
eligible to establish sidewalk cafés in the right-of-way on City sidewalk and sidewalk bulb-out areas along
Third Avenue. Similar to curb cafés, their location would be limited to the area adjacent to the building’s
frontage, unless written consent is provided from the adjacent/adjoining business and property owner that
the sidewalk café would encroach in front of. The total reimbursement costs for each sidewalk café would be
four thousand dollars ($4,000) based on the limited construction costs associated with purchasing railings,
tables and chairs and City permit costs, including the reimbursement of sewer capacity fees.
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Currently, the Chula Vista Municipal Code (CVMC) authorizes the Director of Public Works to permit certain
encroachments in the public right-of-way. The proposed changes to Chapter 12.28 – Encroachments of the
CVMC, would authorize the City Engineer, in addition to the Director of Public Works, to permit certain
encroachments in the public right-of-way. Further, the changes would clarify which encroachments require
staff versus City Council approval and provide for other non-substantive and clean up changes that, among
other things, clarify the interchangeability between the Director of Public Works and City Engineer in
overseeing the encroachment permit process. If the proposed amendments are adopted, curb cafés and
sidewalk cafés would be subject to approval by the Director of Public Works or City Engineer. These changes
to the CVMC will help streamline the permit and approval process for Curb Cafés, Sidewalk Cafés and other
limited encroachments, and continue the City’s business support efforts so businesses can more quickly and
efficiently navigate the City’s permit processes. A strikeout/underline version detailing proposed
amendments to CVMC Chapter 12.28 – Encroachments, is included as Attachment 1.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found that, Mayor Casillas-Salas has real
property holdings within 500 feet of the boundaries of the property which is the subject of this action.
Consequently, pursuant to California Code of Regulations Title 2, sections 18700 and 18702.2(a)(7), this item
presents a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal.
Gov't Code § 87100, et seq.) for the above-identified member.
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.
CURRENT-YEAR FISCAL IMPACT
Approval of the attached resolution will appropriate $300,000 of American Rescue Plan Act funds in the fiscal
year 2021-22 budget. There is no fiscal impact to the General Fund as a result of appropriating money
received through the American Rescue Plan Act.
ONGOING FISCAL IMPACT
There would be no on-going fiscal impact to the General Fund.
ATTACHMENTS
1. Strikeout/Underline Showing Proposed Chula Vista Municipal Code Amendments
2. Draft Temporary Curb/Sidewalk Café Encroachment Permit Guide
Staff Contact: Kevin Pointer, Senior Economic Development Specialist
2021/07/27 City Council Post Agenda Page 66 of 391
SECOND READING AND ADOPTION
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CERTAIN SECTIONS OF CHAPTER 12.28 OF THE CHULA
VISTA MUNICIPAL CODE TO STREAMLINE THE CITY’S
PERMIT PROCESSES FOR CERTAIN ENCROACHMENTS
WITHIN THE PUBLIC RIGHT-OF-WAY
WHEREAS, Chula Vista Municipal Code Chapter 12.28—Streets and Sidewalks contains
regulations for encroachments of structures, facilities, and improvements within the public right-
of-way; and
WHEREAS, existing Chula Vista Municipal Code Section 12.28.030—Improvements not
requiring Council authorization—Temporary encroachments, allows for the Director of Public
Works and City Engineer to approve only a limited number of encroachments into the public right-
of-way; and
WHEREAS, to streamline the approval process for certain encroachments, this ordinance
delineates which significant encroachments require City Council approval, and which
encroachments are authorized to be approved by the City Engineer or Director of Public Works;
and
WHEREAS, this ordinance also clarifies the requirements for encroachment maintenance
and removal agreements and updates outdated insurance and indemnity requirements for
encroachments within the public right-of-way.
NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows:
Section I. That the List of Sections for Chapter 12.28 of Chula Vista Municipal Code is
amended to read as follows:
Chapter 12.28
ENCROACHMENTS
Sections:
12.28.010 Purpose and intent of provisions.
12.28.020 Council authorization required when – Procedure.
12.28.030 Improvements not requiring Council authorization.
12.28.040 Installations exempt from fee requirements.
12.28.041 Installations exempt from permit requirements.
12.28.050 Maintenance and removal agreement – Required when – Contents.
12.28.060 Fees – Payment required when – Schedule – Exemptions.
12.28.070 Refunds of permit fees.
12.28.080 Bond requirements.
12.28.090 Insurance and Indemnity requirements – Exemptions – Liability agreements.
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Ordinance No.
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Section II. That Section 12.28.010 of Chula Vista Municipal Code is amended to read as
follows:
12.28.010 Purpose and intent of provisions.
It is the intent of the City Council to authorize the use of, or encroachment into, the public rights-
of-way for certain private purposes by property owners in those instances and under such
circumstances that said use or encroachment does not interfere with or obstruct the overriding
public use for which said rights-of-way have been dedicated. It is the purpose of the Council in
adopting this chapter to provide procedures and regulations so that such property owners may
make appropriate use of the dedicated public rights-of-way adjacent to or contiguous to their
private property. The uses and encroachments permitted by this chapter are in addition to those
specifically authorized under California Building Code as adopted by the City, which uses and
encroachments are exempt from the provisions of this Chapter.
Except as otherwise provided in this Chapter, it is unlawful for any person to encroach or make or
cause to be made any encroachment in the public right-of-way without first obtaining an
encroachment permit. No use of any right-of-way or any other interest or property pursuant to this
Chapter shall create or vest in a permittee any ownership or other interest in the right-of-way,
streets, or other property or interest of the City. Permits issued in accordance with this Chapter
may be revoked at any time deemed necessary by the Director of Public Works or City Engineer.
In addition to any other remedies available to the City for violations of the Chula Vista Municipal
Code (CVMC), any encroachment for which a permit is required and for which no permit has been
issued pursuant to this Chapter shall be deemed a public nuisance which may be abated as provided
in the CVMC.
Section III. That Section 12.28.020 of Chula Vista Municipal Code is amended to read as
follows:
12.28.020 Council authorization required when – Procedure.
Prior to the issuance of an encroachment permit, the following encroachments are required to be
approved by the City Council:
A. Underground structures, facilities, or improvements within the public right-of-way.
B. Overhead structures, facilities, or improvements within the public right -of-way with a vertical
clearance of eight (8) feet or more above grade.
C. Other encroachments within the public right-of-way which, in the opinion of the Director of
Public Works or City Engineer, are of sufficient public interest to require City Council approval.
D. Other encroachments within the public right-of-way which are not otherwise authorized by this
Chapter.
In all cases requiring authorization by resolution of the City Council, the Director of Public Works
or City Engineer shall submit the application with his or her recommendation to the City Manager
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Ordinance
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for presentation to the City Council. Upon approval of the City Council, the Director of Public
Works or City Engineer shall collect the prescribed fees, ensure execution of all required
agreements, and issue the required permit.
Section IV. That Section 12.28.030 of Chula Vista Municipal Code is amended to read as
follows:
12.28.030 Improvements not requiring Council authorization.
Unless required to be approved by the City Council pursuant to CVMC section 12.28.020, the
Director of Public Works or City Engineer may permit encroachments in the public right -of-way
upon submission and approval of an encroachment permit application, execution of an
encroachment maintenance and removal agreement as required by CVMC 12.28.050, and payment
of all required fees including but not limited to those required by CVMC 12.28.060.
Section V. That Section 12.28.041 of Chula Vista Municipal Code is amended to read as
follows:
12.28.041 Installations exempt from permit requirements.
The following structures, facilities, and improvements shall be exempt from the requirements of
this Chapter: sidewalk underdrains; irrigation systems that serve a single-family property, are
located in the parkway, and are maintained by the fronting property owner; and structures,
facilities, or improvements installed by the City.
Section VI. That Section 12.28.050 of Chula Vista Municipal Code is amended to read as
follows:
12.28.050 Maintenance and removal agreement – Required when – Contents.
Applications for encroachment permits for any buildings, structures, facilities, or improvements
of any nature shall be accompanied by the required application fee(s) in the sum as presently
designated, or as may be in the future amended, in the master fee schedule. Encroachment permits
will be issued in accordance with the terms of an encroachment maintenance and removal
agreement, which shall authorize the construction and use of the building, structure, facility, or
improvement and shall be signed by the property owner and properly acknowledged to allow for
recordation. The agreement shall be prepared by the City Engineer, approved as to form by the
City Attorney, and at a minimum contain the following terms:
A. The encroachment shall be installed and maintained in safe and sanitary condition at the sole
cost, risk and responsibility of the owner, who shall agree to indemnify, defend, and hold the City
harmless with respect thereto.
B. The agreement is made for the direct benefit of the property owner’s land described in the
agreement, and the covenants therein shall run with the property, shall constitute an obligation and
burden upon the property, and shall be binding upon the assigns and successors of the owners.
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C. The encroachment shall be abandoned, removed or relocated by the property owner upon
demand in writing by the Director of Public Works or the City Engineer. Upon such demand, the
property owner must remove or relocate the encroachment within 30 calendar days after such
notice or within such longer period as may be provided specifically within the demand or
agreement in the instance of buildings or structures which would require a longer period to
effectuate such removal or relocation. If the property owner fails to remove or relocate the
encroachment within the period allotted, the City Engineer may cause such work to be done and
the cost thereof shall be imposed as a lien upon the property as provided in CVMC 12.12.110,
relating to removal of unauthorized obstructions in the public rights-of-way.
D. The encroachment maintenance and removal agreement shall be recorded in the office of the
county recorder of San Diego County; provided, however, that the agreement encompassing
encroachments authorized by the City Engineer pursuant to CVMC 12.28.030 and 12.28.040 need
not be recorded.
Section VII. That Section 12.28.060 of Chula Vista Municipal Code is amended to read as
follows:
12.28.060 Fees – Payment required when – Schedule – Exemptions.
A. The required fee(s) for engineering and permits required by this section shall be collected by
the Director of Public Works or City Engineer. No permit shall be issued and no work in the public
rights-of-way shall be permitted until the fees applicable under this section have been received by
the Director of Public Works or City Engineer.
B. The state of California, or any of its political subdivisions, or any governmental agency shall
file applications for permits and shall be issued permits as required by this section; provided,
however, that no fees shall be required when the work is done by persons working directly for the
state or agency.
C. A contractor working for the state, or any of its political subdivisions, or any governmental
agency shall obtain a permit and pay the required permit fee(s).
Section VIII. That Section 12.28.070 of Chula Vista Municipal Code is amended to read
as follows:
12.28.070 Refunds of permit fees.
In the event a permit fee refund is requested by the permittee, and the Director of Public Works or
City Engineer has determined that it is in the public interest to allow the permittee to abandon the
work, the Director of Public Works or City Engineer shall cancel the permit and refund the unused
portion of the fee, but no more than 90 percent of the plan preparation and preliminary survey fee,
and 90 percent of the inspection fee, if no work has been done by the Development Services, Public
Works, or Engineering Departments.
Section IX. That Section 12.28.080 of Chula Vista Municipal Code is amended to read as
follows:
2021/07/27 City Council Post Agenda Page 70 of 391
Ordinance
Page 5
12.28.080 Bond requirements.
Every person constructing buildings or structures as encroachments in the public rights-of-way
shall provide a performance bond as required by CVMC 12.20.020 through 12.20.090.
The Director of Public Works or City Engineer may, if approved by the City Attorney, waive the
requirement for providing a performance bond, under the provisions of this Chapter if he or she
determines doing so would not create a material risk to the City or the public.
Section X. That Section 12.28.090 of Chula Vista Municipal Code is amended to read as
follows:
12.28.090 Insurance and Indemnity requirements – Exemptions – Liability agreements.
A. The Director of Public Works or City Engineer may require submission of evidence of liability
insurance which has been approved by the City Attorney, executed and delivered by a reliable
insurance company authorized to carry on an insurance business in the state, by the terms which
said insurance company assumes responsibility for injuries to persons and property on behalf of
its policy holder(s) as a result of constructing the work and/or storing materials in the street as set
forth in the permit. The insurance, when required, will endorse City as an Additional Insured, and
shall be in the following amounts:
1. Five hundred thousand dollars ($500,000) for property damage;
2. One million dollars ($1,000,000) for death or injuries to any person/entity in any one
occurrence;
3. Two million dollars ($2,000,000) for death or injuries to two or more parties in any one
occurrence.
B. Governmental agencies, including the state of California and its political subdivisions, shall
not be required to provide the insurance required by this section, but shall be required to indemnify,
defend, and hold the City harmless as provided in CVMC 12.28.090(D).C. Any permittee for
whom insurance requirements have been waived shall be required to hold harmless and defend the
City, its elective and appointive boards, officers, agents and employees, from any liability for
damage or claims for damage for personal injury, including death, as wel l as from claims which
may arise from the permittee, or any subcontractors or agents or employees thereof, in performing
under the permit.
D. To the maximum extent allowed by law, the City shall not incur or assume any direct or indirect
liability to any permittee or third party as a result of having issued a an encroachment permit
pursuant to this Chapter, or otherwise approving any encroachment in the public right-of-way. As
a condition to the issuance of any encroachment permit, the permitee and its agents, employees,
invitees, contractors, and any other persons or entities under permitee’s control, shall be liable for
and shall indemnify, protect, defend (at permitee’s sole cost and expense), and hold harmless the
City, and its officers, officials, employees, representatives, and agents from any and all claims,
losses, damages, injuries, liabilities, or losses that arise out of, are conne cted with, or that are in
2021/07/27 City Council Post Agenda Page 71 of 391
Ordinance No.
Page 6
any way related to the City’s issuance of an encroachment permit or permittee’s use of or
encroachment into the public right-of-way.
Section XI. 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 XII. 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 XIII. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section XIV. 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
_____________________________________ ____________________________________
Eric C. Crockett Glen R. Googins
Deputy City Manager/ City Attorney
Economic Development Director
2021/07/27 City Council Post Agenda Page 72 of 391
Attachment 1
Chula Vista Municipal Code Amendment
Curb Cafés and Sidewalk Cafés
Strike-out/Underline of Proposed Text Changes to
Chula Vista Municipal Code Chapter 12.28 – Encroachments
Chapter 12.28
ENCROACHMENTS
Sections:
12.28.010 Purpose and intent of provisions.
12.28.020 Council authorization required when – Procedure.
12.28.030 Improvements not requiring Council authorization – Temporary encroachments.
12.28.040 Installations exempt from fee requirements.
12.28.041 Installations exempt from permit requirements.
12.28.050 Maintenance and removal agreement – Required when – Contents.
12.28.060 Fees – Payment required when – Schedule – Exemptions.
12.28.070 Refunds of permit fees.
12.28.080 Bond requirements.
12.28.090 Insurance and Indemnity requirements – Exemptions – Liability agreements.
The List of Sections for Chula Vista Municipal Code Chapter 12.28 is proposed to be
modified as follows:
2021/07/27 City Council Post Agenda Page 73 of 391
12.28.010 Purpose and intent of provisions.
It is the intent of the City Council to authorize the use of, or encroachment into, the public rights-of-
way for certain private purposes by property owners in those instances and under such circumstances
that said use or encroachment does not interfere with or obstruct the overriding public use for which
said rights-of-way have been dedicated. It is the purpose of the Council in adopting this chapter to
provide procedures and regulations so that such property owners may make appropriate use of the
dedicated public rights-of-way adjacent to or contiguous to their private property. The uses and
encroachments permitted by this chapter are in addition to those specifically authorized under
Chapters 44 and 45 of the 1967 Uniform California Building Code as adopted by the City, which uses
and encroachments are exempt from the provisions of this chapterChapter.
Except as otherwise provided in this Chapter, it is unlawful for any person to encroach or make or
cause to be made any encroachment in the public right-of-way without first obtaining an
encroachment permit. No use of any right-of-way or any other interest or property pursuant to this
Chapter shall create or vest in a permittee any ownership or other interest in the right-of-way, streets,
or other property or interest of the City. Permits issued in accordance with this Chapter may be
revoked at any time deemed necessary by the Director of Public Works or City Engineer. In addition
to any other remedies available to the City for violations of the Chula Vista Municipal Code (CVMC),
any encroachment for which a permit is required and for which no permit has been issued pursuant to
this Chapter shall be deemed a public nuisance which may be abated as provided in the CVMC.
12.28.020 Council authorization required when – Procedure.
Prior to the issuance of an encroachment permit, the following encroachments are required to be
approved by the City Council:
A. Underground structures, facilities, or improvements within the public right-of-way.
Chula Vista Municipal Code Section 12.28.020 is proposed to be modified as
follows:
Chula Vista Municipal Code Section 12.28.010 is proposed to be modified as
follows:
2021/07/27 City Council Post Agenda Page 74 of 391
B. Overhead structures, facilities, or improvements within the public right-of-way with a vertical
clearance of eight (8) feet or more above grade.
C. Other encroachments within the public right-of-way which, in the opinion of the Director of Public
Works or City Engineer, are of sufficient public interest to require City Council approval.
D. Other encroachments within the public right-of-way which are not otherwise authorized by this
Chapter.
All encroachments in the public rights-of-way shall be authorized by resolution of the City Council,
except those specifically delegated to the City Engineer and those exempted below; provided further,
that the following types of encroachments are specifically reserved for Council authorization.
Applications for permits for which the provisions of this chapter or schedule of fees do not properly
apply shall require authorization by City Council resolution.
In all cases requiring authorization by resolution of the City Council, the Director of Public Works or
City Engineer shall submit the application with his or her recommendations to the City Manager for
presentation to the City Council. Upon approval of the City Council, the Director of Public Works or
City Engineer shall collect the prescribed fees , ensure execution of all required agreements, and issue
the required permit.
Chula Vista Municipal Code Section 12.28.030 is proposed to be modified as
follows:
2021/07/27 City Council Post Agenda Page 75 of 391
12.28.030 Improvements not requiring Council authorization – Temporary
encroachments.
Unless required to be approved by the City Council pursuant to CVMC section 12.28.020, the Director
of Public Works or City Engineer may permit encroachments in the public right-of-way upon
submission and approval of an encroachment permit application, execution of an encroachment
maintenance and removal agreement as required by CVMC 12.28.050, and payment of all required
fees including but not limited to those required by CVMC 12.28.060.
A. The City Engineer is authorized to issue encroachment permits without prior authorization from
the City Council for the installation of the following improvements:
1. Fences, in accordance with zoning and building codes;
2. Retaining walls, in accordance with zoning and building codes, not to exceed five feet in height.
B. In addition thereto, the Director of Public Works may permit temporary encroachments in the public
right-of-way upon application for an encroachment permit and the payment of the fee as
prescribed in CVMC 12.12.100 for the placing of materials or equipment in the public right-of-way
for a reasonable period as determined by the Director of Public Works and indicated on such permit;
provided, that the materials are of such a nature as to be easily removable and cause no obstruction
to the free passage of vehicular and pedestrian traffic along the public right-of-way, and the
encroachment is necessitated by the applicant’s construction or development of his property.
C. All other encroachments in the public right-of-way of any nature other than those defined as
exempt or as temporary shall constitute permanent encroachments for which permits may be issued
and fees collected as prescribed in this title. The issuance of said permits by the Director of Public
Works shall conform with the requirements of this title.
12.28.041 Installations exempt from permit requirements.
The following structures, facilities, and improvements shall be exempt from the requirements of this
Chapter: Sidewalk sidewalk underdrains, ; irrigation systems that serve a single-family property, are
Chula Vista Municipal Code Section 12.28.041 is proposed to be modified as
follows:
2021/07/27 City Council Post Agenda Page 76 of 391
located in the parkway, and are maintained by the fronting property owner; and private utility systems
and structures, facilities, or improvements installed by the City shall be exempt from the requirements
of this chapter.
12.28.050 Maintenance and removal agreement – Required when –
Contents.
Applications for encroachment permits for any buildings, or structures, facilities, or improvements of
any nature shall be accompanied by the required application fee(s) in the sum as presently designated,
or as may be in the future amended, in the master fee schedule., and an eEncroachment permits will
be issued in accordance with the terms of an encroachment maintenance and removal agreement,
which shall authorize the construction and use of the building, or structure, facility, or improvement
and shall be signed by the property owner and properly acknowledged to allow for recordation. The
agreement shall be prepared by the City Engineer, approved as to form by the City Attorney, and at a
minimum contain the following covenants with the City terms:
A. The encroachment shall be installed and maintained in safe and sanitary condition at the sole cost,
risk and responsibility of the owner and successor in interest, who shall agree to indemnify, defend,
and hold the City harmless with respect thereto.
B. The agreement is made for the direct benefit of the property owner’s land described in the
agreement, and the covenants therein shall run with the property, shall constitute an obligation and
burden upon the property, and shall be binding upon the assigns and successors of the owners.
C. The encroachment shall be abandoned, removed or relocated by the property owner upon demand
in writing by the Director of Public Works or the City Engineer. Upon such demand, The the property
owner must remove or relocate the encroachment within 30 calendar days after such notice or within
such longer period as may be provided specifically within the demand or agreement in the instance of
buildings or structures which would require a longer period to effectuate such removal or relocation.
If the property owner fails to remove or relocate the encroachment within the period allotted, the City
Engineer may cause such work to be done and the cost thereof shall be imposed as a lien upon the
property as provided in CVMC 12.12.110, relating to removal of unauthorized obstructions in the public
rights-of-way.
Chula Vista Municipal Code Section 12.28.050 is proposed to be modified as
follows:
2021/07/27 City Council Post Agenda Page 77 of 391
D. The encroachment maintenance and removal agreement for buildings or structures built over or
upon the public rights-of-way shall be recorded in the office of the county recorder of San Diego
County, and shall constitute an obligation and burden upon the property; provided, however, that the
agreement encompassing encroachments authorized by the City Engineer pursuant to CVMC
12.28.030 and 12.28.040 need not be recorded.
12.28.060 Fees – Payment required when – Schedule – Exemptions.
A. The required fee(s) for engineering and permits required by this section shall be collected by the
Director of Public Works or City Engineer. No permit shall be issued and no work in the public rights-
of-way shall be permitted until the fees applicable under this section have been received by the
Director of Public Works or City Engineer.
B. The state of California, or any of its political subdivisions, or any governmental agency shall file
applications for permits and shall be issued permits as required by this section; provided, however,
that no fees shall be required when the work is done by persons working directly for the state or
agency.
C. A contractor working for the state, or any of its political subdivisions, or any governmental agency
shall obtain a permit and pay the required permit fee(s).
Chula Vista Municipal Code Section 12.28.060 is proposed to be modified as
follows:
Chula Vista Municipal Code Section 12.28.070 is proposed to be modified as
follows:
2021/07/27 City Council Post Agenda Page 78 of 391
12.28.070 Refunds of permit fees.
In the event a permit fee refund is requested by the permittee, and the Director of Public Works or
City Engineer has determined that it is in the public interest to allow the permittee to abandon the
work, the Director of Public Works or City Engineer shall cancel the permit and refund the unused
portion of the fee, but no more than 90 percent of the plan preparation and preliminary survey fee,
and 90 percent of the inspection fee, if no work has been done by the Development Services, Public
Works, or Engineering Departments.
12.28.080 Bond requirements.
Every person constructing buildings or structures as encroachments in the public rights-of-way shall
provide a performance bond as required by CVMC 12.20.020 through 12.20.090.
No The Director of Public Works or City Engineer may, if approved by the City Attorney, waive the
requirement for providing a performance bond, under the provisions of this chapterChapter if he or
she determines doing so would not create a material risk to the City or the public., shall be required
for the construction of those encroachments for which authorization has been specifically delegated
to the Director of Public Works and for which he has authority to issue a permit as set forth in CVMC
12.28.030 and 12.28.040.
12.28.090 Insurance and Indemnity requirements – Exemptions – Liability
agreements.
Chula Vista Municipal Code Section 12.28.080 is proposed to be modified as
follows:
Chula Vista Municipal Code Section 12.28.090 is proposed to be modified as
follows:
2021/07/27 City Council Post Agenda Page 79 of 391
A. The Director of Public Works or City Engineer may require submission of evidence of liability
insurance which has been approved by the City Attorney, executed and delivered by a reliable
insurance company authorized to carry on an insurance business in the state, by the terms which said
insurance company assumes responsibility for injuries to persons and property on behalf of its policy
holder(s) as a result of constructing the work and/or storing materials in the street as set forth in the
permit. The insurance, when required, will endorse City as an Additional Insured, and shall be in the
following amounts:
1. Five One hundred thousand dollars ($100500,000) for property damage;
2. One million Two hundred thousand dollars ($1,200000,000) for death or injuries to any
person/entity in any one occurrence;
3. Five hundred thousandTwo million dollars ($2,0500,000) for death or injuries to two or more
persons parties in any one occurrence.
B. Governmental agencies, including the state of California and its political subdivisions, shall not be
required to provide the insurance required by this section, but shall be required to indemnify, defend,
and hold the City harmless as provided in CVMC 12.28.090(D).C. Any permittee for whom insurance
requirements have been waived shall be required to hold harmless and defend the City, its elective
and appointive boards, officers, agents and employees, from any liability for damage or claims for
damage for personal injury, including death, as well as from claims which may arise from the permittee,
or any subcontractors or agents or employees thereof, in performing under the permit.
D. To the maximum extent allowed by law, the City shall not incur or assume any direct or indirect
liability to any permittee or third party as a result of having issued a an encroachment permit pursuant
to this Chapter, or otherwise approving any encroachment in the public right-of-way. As a condition
to the issuance of any encroachment permit, the permitee and its agents, employees, invitees,
contractors, and any other persons or entities under permitee’s control, shall be liable for and shall
indemnify, protect, defend (at permitee’s sole cost and expense), and hold harmless the City, and its
officers, officials, employees, representatives, and agents from any and all claims, losses, damages,
injuries, liabilities, or losses that arise out of, are connected with, or that are in any way related to the
City’s issuance of an encroachment permit or permittee’s use of or encroachment into the public right-
of-way.
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Attachment 2
Part 1: Plan Requirements
An electronic exhibit (minimum 11” x 17”; maximum 18” x 24”), drawn to scale, detailing encroachment area and
including the following minimum details must be attached to your online application:
1. Development Summary: Provide the following information in table format on the first page of the plans.
a) A bullet point narrative that details the project’s complete scope of work, including all existing and
proposed improvements.
b) The Project Team. List the name and phone number of all consultants including engineers, architects,
designers and contractors.
c) Total square footage of the curb/sidewalk café.
2. Vicinity Map: A vicinity map specifies the location of a proposed project in relation to major streets in the
area. It is not required to have this map drawn to scale, but it should be proportional. Show at least two
major cross streets and all other roadways leading to the site.
3. Site Plan: The plans must be fully dimensioned and include the following information:
a) Show the adjacent street-level business owner’s name, address and name of business.
b) City of Chula Vista Business License Number. If you do not know your business license number, you may
look it up online here.
c) Street, curb, sidewalk, property lines and all existing/proposed improvements in the sidewalk area
within 15 feet of the proposed curb/sidewalk café.
d) The right-of-way lines completely labeled and dimensioned.
e) The location and dimensions of the proposed curb/sidewalk café.
f) Existing right-of-way improvements such as curb, sidewalk, trees, light posts, fire hydrants, water
meters, vaults, etc.
g) Dimensions of the distance between any obstruction (parking meters, lights, signs, mailboxes, fire
hydrants, trees, tree grates, etc.) in the sidewalk area to the entrance of the proposed curb/sidewalk
café. A minimum distance of five (5) feet is required for pedestrian traffic.
h) North arrow and scale.
Curb/Sidewalk Café Encroachment
Permit Guide
Submit your no-fee permit application online at
www.chulavistaca.seamlessgov.com/formcenter/CurbCafe
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4. Elevation Plan: This is a dimensioned drawing of the proposed curb/sidewalk café as seen from the
sidewalk. Include the following information on the elevation drawing:
a) Height of the curb/sidewalk café.
b) Height of any enclosure (maximum height of three (3) feet in height).
c) Description of furniture to be used in the curb/sidewalk café.
Part 2: Design Details
Provide connection details representative of the framing and support elements used in the engineering of the
structural system of the project. The connection details should include connection for all structural elements such as
platform, benches, umbrella, and barrier. The platform structure and permanently attached structures shall be
designed by a licensed Architect or Engineer.
1. Live Load: Curb/Sidewalk Cafés that are elevated to be level with the sidewalk will have to meet the
minimum distributed live loads.
2. Accessibility: All curb/sidewalk cafés must maintain accessibility to individuals with disabilities per the
Americans with Disabilities Act Accessibility Guidelines (ADAAG). Persons in wheelchairs must be able to
enter into and access all the primary features of the curb/sidewalk café.
3. Design: Dining area barriers shall be visually appealing and shall define and separate the dining
area from the public sidewalk.
4. Sectional Fencing: Sectional Fencing (generally defined as rigid fence segments that can be attached
together to create a unified fencing appearance) is the most desirable solution for outdoor seating areas
using barriers. Sectional fencing must be of metal (aluminum, steel, iron, or similar) or of wood construction
and must be of a color (either painted or stained).
5. Height: The barrier must measure between 36 inches and 48 inches, with the exception of planters. Planters’
height may vary, but in all cases must not exceed a maximum of 8 feet from sidewalk to top of plant
materials. All planters must have plants contained within them. All dying plant material shall be
immediately replaced.
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6. Minimum Access Width: Opening to access to the curb/sidewalk café must measure a minimum of 48 inches
in width and must be designed and constructed in compliance with ADA requirements.
Please note that the outdoor dining area is for furnishings (e.g. tables, chairs) and fixtures (e.g. heaters and
umbrellas) only. Other appurtenances or furnishings are not permitted within this area. Furniture and
fixtures must not be secured to trees, lamp posts, street signs, hydrants, or any other street infrastructure
by means of ropes, chains or any other such devices. All furniture and fixtures must be maintained in good
visual appearance, without visible fading, dents, tears, rust, corrosion, or chipped or peeling paint. For more
information please refer to the Third Avenue Village Outdoor Dining Design Guidelines that provide further
details.
Pictured below: Example Site Plan
Curb/Sidewalk Café
(business name and
address)
Neighbor
(business name and
address)
Neighbor
(business name and
address)
Proposed Curb Café Location: 32 ft. x 6 ft.
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Part 3: Design Guidelines
The following is a list of recommended guidelines to assist applicants in the preparation of Curb/Sidewalk Café
proposals:
1. No curb/sidewalk café component should weight more than 200 pounds per square foot.
2. Bolting the structure into the street or penetrating the surface of the road in any way is not allowed.
3. Bolting the platform to the curb is permitted when a restoration plan is included along with the
application, and a performance bond is provided by the curb/sidewalk café sponsor.
4. Directly pouring concrete platforms onto the roadway is not permitted.
5. Loose materials such as sand or stone are not permitted on the curb/sidewalk café.
6. Curb/sidewalk cafés cannot impede the flow of curbside drainage.
7. Curb/sidewalk cafés should not be constructed over utility access panels, manhole covers, storm drains,
or fire hydrant shut-off valves.
8. Curb/sidewalk cafés must be designed and constructed in a manner that provides access for maintenance
(e.g., clearing debris).
9. Curb/sidewalk cafés must comply with Americans with Disabilities Act (ADA) design standards including,
but not limited to, providing accessible entry and accessible path of travel.
10. Continuous opaque walls or fences surrounding the curb/sidewalk café above 42 inches in height that
block the view into the curb/sidewalk café are not allowed.
11. Self-contained low-voltage lighting systems, such as solar or battery-powered lights are recommended.
Flashing lights and electrical cords that extend over the sidewalk (even if they’re located overhead) are
not allowed.
12. Curb/sidewalk cafés shall not be installed at an existing bus stop or accessible parking space.
13. A curb/sidewalk café shall not impede vehicular traffic flow or obstruct motorists’ visibility.
Part 4: Grant Program
The following details the City’s grant program to reimburse Third Avenue businesses for costs associated with the
design, permitting, and construction of curb cafés and sidewalk cafés:
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1. Curb Cafés:
a) Restaurants, bars and breweries are the only businesses eligible to establish curb café’s in the right-
of-way within parking spaces along Third Avenue between E Street and G Street pursuant to City
approval of a Maintenance Agreement and Encroachment Permit.
b) The location of each business’ curb café is limited to the area adjacent to the building’s street
frontage, unless written consent is provided from the adjacent/adjoining business and property
owner that the curb café would encroach in front of.
c) Staff will generally endeavor to limit curb cafés to no more than two per block side, with each taking
up no more than three parking spaces.
d) The total reimbursement for each curb café is $15,000.
2. Sidewalk Cafés:
a) Restaurants, bars, breweries, bakeries, coffee shops and ice cream shops are the only businesses
eligible to establish sidewalk cafés in the right-of-way on City sidewalk and sidewalk bulb-out areas
along Third Avenue between E Street and G Street pursuant to City approval of a Maintenance
Agreement and Encroachment Permit.
b) The location of each business’ sidewalk café is limited to the area adjacent to the building’s street
frontage, unless written consent is provided from the adjacent/adjoining business and property
owner that the sidewalk café would encroach in front of.
c) The total reimbursement for each sidewalk café is $4,000.
The grant program to reimburse businesses for the costs associated with the design, permitting, and
construction of curb cafés and sidewalk cafés is approved through June 30, 2022 and is automatically
terminated thereafter.
To be eligible for the grant program, businesses must have an active City of Chula Vista business license
and not have any outstanding code enforcement violations.
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v . 0 03 P a g e | 1
July 27, 2021
ITEM TITLE
Bayfront Project Special Tax Financing District: Considering an Ordinance Authorizing the Levy of a Special
Tax
Report Number: 21-0100
Location: Bayfront Project Special Tax Financing District
Department: Development Services
Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the California
Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no
environmental review is required.
Recommended Action
Acting as the legislative body of the Bayfront Project Special Tax Financing District: Adopt an ordinance
amending Ordinance No. 3481 and authorizing the levy of a special tax in such district pursuant to an
amended and restated rate and method of apportionment (Second Reading and Adoption).
SUMMARY
Formation proceedings for the Bayfront Project Special Tax Financing District (the “Bayfront Financing
District”) were initiated on September 10, 2019. Following a special mail ballot election, an ordinance
authorizing the levy of special taxes at rates not to exceed 5% of rent annually charged on hotel property and
campsite property within the Bayfront Financing District was adopted, with a maximum term of forty (40)
years. The City Council has declared its intention to consider: (1) changes to the rate and method of
apportionment (the “Existing RMA”) for the Bayfront Financing District to: (a) increase the maximum special
tax levy rate to 5.5% until June 30, 2060, with downward adjustments thereafter, raising an estimated
$33,000,000 annually; (b) extend the term of the authorization to levy the special tax until June 30, 2086;
and (c) make minor procedural changes (with such changes, the “Amended RMA”); and (2) expanding the
territory wherein improvements may be located and services provided.
Change proceedings were initiated on February 16, 2021 and on April 13, 2021, a public hearing was held to
consider the changes and a resolution was adopted calling a special mail ballot election to be held on July 13,
2021 for the purpose of submitting to the qualified electors of the Bayfront Financing District a proposition
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(“Proposition A”) to authorize the changes to the Existing RMA and the expansion of territory wherein the
improvements may be located and the services may be provided. A special mail ballot election to consider
these changes to the Bayfront Financing District was held, with all ballots due to the City Clerk no later than
noon today, July 13, 2021. Tonight’s action will continue the formal change proceedings by certifying the
election results. If Proposition A is approved by two-thirds of votes cast by the qualified electors, a resolution
of change may be adopted determining that the modifications to the Existing RMA and the expansion of
territory wherein the improvements may be located and the services may be provided are lawfully
authorized (the “Resolution of Change”) and an ordinance amending Ordinance No. 3481 and authorizing
the levy of special taxes within the Bayfront Financing District in accordance with the Amended RMA (the
“Ordinance”) will be placed on first reading.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with the California
Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under
Section 15378 of the State CEQA Guidelines because the proposed activity consists of the creation of a
governmental fiscal/funding mechanism which does 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 su bject to CEQA.
Thus, no environmental review is required.
Notwithstanding the foregoing, the project was adequately covered in previously certified Final
Environmental Impact Report UPD#83356-EIR-658/SCH#2005081077 for the Chula Vista Bayfront Master
Plan. Thus, no further environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
On September 10, 2019, the City Council initiated proceedings to form the Bayfront Financing District with
the adoption of City Council Resolution Nos. 2019-167, 2019-168, and 2019-169, adopting a boundary map
of the Bayfront Financing District, declaring the intention of the City Council to establish the Bayfront
Financing District and to authorize the levy of a special tax therein, and declaring the necessity of the
Bayfront Financing District to incur a bonded indebtedness, respectively. Resolution No. 2019-169 was
subsequently amended by the City Council on November 12, 2019 to increase the maximum bonded
indebtedness for the Bayfront Financing District from $125,000,000 to $175,000,000.
On November 19, 2019, the City Council held a public hearing and took additional formation actions,
approving Resolution Nos. 2019-218, 2019-219, 2019-220, 2019-221 and 2019-222. These resolutions
approved an Amended and Restated Revenue Sharing Agreement by and between the City and the Port
District, approved a Joint Community Facilities Agreement (the “Original JCFA”), approved forming and
establishing the Bayfront Financing District and submitting the levy of special tax to the qualified electors,
deemed it necessary to incur a bonded indebtedness of the Bayfront Financing District, and called a special
mail ballot election to submitting propositions to the qualified electors to:
1. authorize the levy of special taxes in the Bayfront Financing District;
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2. authorize the Bayfront Financing District to incur a bonded indebtedness; and
3. establish an appropriations limit for the Bayfront Financing District.
The November 19, 2019 public hearing was held pursuant to the provisions of Chula Vista Municipal Code
Chapter 3.61 (the “Bayfront Project Special Tax Financing District Procedural Ordinance”).
At 12:00 pm on February 18, 2020, the City Clerk, acting as the election official, conducted a special election
of the qualified electors of the Bayfront Financing District (i.e. the landowners within the Bayfront Financing
District). The City Clerk presided over the proceedings, verified the eligible voters, verified signatures, and
presented the election ballots. The City Clerk then prepared and distributed certification of the election
results on February 18, 2020. On that same date, the City Council adopted Resolution 2020-042, reciting the
fact of the special mail ballot election and declaring the results of the election. With a majority of the electors
voting yes on each of the three propositions, the Council then placed an ordinance authorizing the levy of a
special tax in the Bayfront Financing District on first reading (Ordinance No. 3481, second reading on
February 25, 2020).
Bayfront Financing District Change Proceedings
Negotiations between the City, the Port District, and RIDA Chula Vista, LLC (RIDA) related to the planned
Bayfront resort hotel and Convention Center project (the “RHCC Project”) progressed significantly following
the February 2020 action levying the Bayfront Financing District special tax. The City and Port District have
agreed to contribute an additional $10 million toward the construction of the Convention Center. In return,
RIDA will accept primary responsibility for funding the 1,600-space parking garage (the “Parking Garage”)
that will serve the RHCC Project. Total costs for the Parking Garage are currently estimated between $35
million and $40 million.
On February 16, 2021, staff brought forward an action to the City Council recommending modifying the
special tax rate and term of the Bayfront Financing District in order to provide the additional $10 million to
be contributed to the Convention Center and to address likely future capital and operating costs throughout
the Bayfront Financing District Area. Additional changes to expand the area in which the improvements and
services funded by the Bayfront Financing District may be provided were also recommended, along with a
Third Amended and Restated Revenue Sharing Agreement (the “Third Amended RSA”) and an Amended and
Restated Joint Community Facilities Agreement (the “Amended and Restated JCFA”).
At the February 16, 2021 meeting, the City Council adopted Resolutions 2021-028, 2021-029, and 2021-030,
approving the Third Amended and Restated RSA, approving the Amended and Restated JCFA, and declaring
the intention of the City Council to consider the modification of the Existing RMA for the Bayfront Financing
District and the expansion of territory wherein improvements may be located and services provided;
requesting the applicable officer of the City prepare an Amended Bayfront Project Special Tax Financing
District Report; and setting a public hearing related to the modification of the Bayfront Financing District
Existing RMA and the expansion of territory wherein improvements may be located and services provided
for April 13, 2021.
On April 13, 2021, the City Council held a public hearing and approved Resolution No. 2021 -056 making
certain determinations and calling a special mail ballot election to submit the following proposition to the
qualified electors:
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PROPOSITION A
Shall the measure to amend the Bayfront Project Special Tax Financing District to: (a) increase the maximum
special tax levy rate to 5.5% until June 30, 2060, with downward adjustments thereafter, raising an estimated
$33,000,000 annually; (b) extend the term of the authorization to levy the special tax until June 30, 2086; (c)
expand the territory wherein improvements may be located and services provided; and (d) make minor
procedural changes, all as set forth in Resolution No. 2021-056 accompanying this ballot, be approved?
Yes
No
The April 13, 2021 public hearing was held pursuant to the provisions of Chula Vista Municipal Code Chapter
3.61 (the “Bayfront Project Special Tax Financing District Procedural Ordinance”).
At 12:00 pm on July 13, 2021, in the City Clerk’s office, the City Clerk, acting as the election official, will
conduct a special election and the qualified electors of the Bayfront Financing District (i.e. the landowners
within the district) will consider Proposition A, making changes to the Bayfront Financing District. The City
Clerk will preside over the proceedings, verify the eligible voters, verify signatures, and canvass the election
ballots.
The City Clerk will prepare and distribute certification of the election shortly after 12:00 pm on July 13, 2021.
Next Steps
If Proposition A is approved by two-thirds of the votes cast by the qualified electors, the Resolution of Change
may be adopted, and a second reading of the Ordinance will be presented to the City Council for consideration
on July 27, 2021. Within fifteen (15) days after its adoption, the City Clerk will cause the publication of a
public notice of the Ordinance, specifying the levy of the special tax in accordance with the Amended RMA.
Additionally, if Proposition A is approved, within fifteen (15) days after the election, an amendment of notice
of special tax lien will be recorded with the County of San Diego.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council members and has found no property holdings
within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this
item does not present a disqualifying real property-related financial conflict of interest under California Code
of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code
§87100, et seq.).
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.
CURRENT-YEAR FISCAL IMPACT
All expenses incurred by the City in undertaking the proceedings to consider the change proceedings of the
Bayfront Financing District and subsequently incurring indebtedness of the Bayfront Financing District to
finance the acquisition and construction of eligible public or private facilities will be reimbursed from future
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Bayfront Financing District debt proceeds or special tax revenues, resulting in no net impact to the General
Fund or the Development Services Fund.
ONGOING FISCAL IMPACT
The cost to administer the Bayfront Financing District and the incurrence of debt by the Bayfront Financing
District shall be paid from the proceeds of special taxes to be levied within the Bayfront Financing District or
the proceeds of debt incurred by the Bayfront Financing District. There is, therefore, no ongoing fiscal impact
to the City’s General Fund or Development Services Fund as a result of this action.
ATTACHMENTS
None.
Staff Contact: Tiffany Allen, Director of Development Services
2021/07/27 City Council Post Agenda Page 90 of 391
60297.00060\34018037.2
SECOND READING AND ADOPTION
1
ORDINANCE NO. _____
ORDINANCE OF THE CITY OF CHULA VISTA ACTING AS THE
LEGISLATIVE BODY OF THE BAYFRONT PROJECT SPECIAL
TAX FINANCING DISTRICT, AMENDING ORDINANCE NO.
3481 AND AUTHORIZING THE LEVY OF A SPECIAL TAX IN
SUCH DISTRICT PURSUANT TO AN AMENDED RATE AND
METHOD OF APPORTIONMENT THEREOF
WHEREAS, the City Council (the “City Council”) of the City of Chula Vista (the “City”),
has previously initiated proceedings, held a public hearing, conducted an election and received a
favorable vote from the qualified electors authorizing the levy of special taxes in the Bayfront Project
Special Tax Financing District (the “District”), all as authorized pursuant to Chapter 3.61 of the Chula
Vista Municipal Code (Chapter 3.61); and
WHEREAS, the City Council, acting as the legislative body of the District, previously enacted
Ordinance No. 3481 to authorize the levy of special taxes within the District pursuant to a rate and
method of apportionment of special taxes; and
WHEREAS, the City Council has subsequently initiated proceedings, held a public hearing,
conducted an election and received a favorable vote from the qualified electors of the District
authorizing the levy of special taxes therein pursuant to an amended rate and method of apportionment
thereof (the “Amended Rate and Method”), a copy o f which is attached as Exhibit A hereto and
incorporated herein by this reference; and
WHEREAS, it is necessary for the City Council to enact an ordinance to amend Ordinance
No. 3481 to enable the District to levy special taxes within the District pursuant to the Amended Rate
and Method.
THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING AS
THE LEGISLATIVE BODY OF THE BAYFRONT PROJECT SPECIAL TAX FINANCING
DISTRICT, DOES ORDAIN AS FOLLOWS:
SECTION 1. This City Council does, by the passage of this ordinance, authorize the levy of
special taxes on taxable properties located in the District pursuant to the Amended Rate and Method.
SECTION 2. This City Council, acting as the legislative body of the District, is hereby further
authorized, by resolution, to annually determine the special tax to be levied within the District for the
then current tax year or future tax years; provided, howeve r, the special tax to be levied shall not
exceed the maximum special tax authorized to be levied pursuant to the Amended Rate and Method.
SECTION 3. The Special Taxes will be due and remitted with the Operator’ s payment of
transient occupancy taxes as set forth in Chapter 3.40 of the Chula Vista Municipal Code (Chapter
3.40). If a Landowner is not an Operator, the Landowner shall cause the Operator to remit the Special
Taxes imposed with the Operator’s payment of transient occupancy tax. Such Landowner obligation
may be met by including a requirement to remit the Special Taxes in a lease or other real property
instrument for a Campsite Property or Hotel Property (each as defined in the Amended Rate and
2021/07/27 City Council Post Agenda Page 91 of 391
60297.00060\34018037.2
2
Method) and enforcing such requirement, as provided for in the real property instrument. However,
the Special Tax is not imposed on the Transient (as defined in Chapter 3.40), but on the parcel or
possessory interest in a parcel containing a Hotel or Campsite as such terms are defined in Chapter
3.61). The Operator may, but is not required to, pass the Special Tax through to the Transients and
collect it with Rent (as defined in Chapter 3.40). Despite the method of collection and administration,
the Special Tax is distinct from the City’s transient occupancy tax and, subject to the Amended Rate
and Method, may be enforced, in the event of nonpayment, as provided in the Mello-Roos Community
Facilities Act of 1982, including through a judicial foreclosure; however, the City Council reserves
the right to utilize any other lawful means of billing, collecting, and enforcing the Special Taxes,
including billing on the secured property tax roll, direct and supplemental billing, any other legal
authority to collect delinquent Special Taxes, penalties and interest and when lawfully available,
judicial foreclosure of the lien of the Special Taxes.
Subject to the Amended Rate and Method, any Special Taxes delinquent as of July 1 of any
fiscal year, together with any penalties and interest accrued as of that date, may, at the option of the
City Council, acting as the legislative body of the District, be placed on the secured property tax roll
in that fiscal year and be levied on the parcel for which such Special Taxes are delinquent, where it
shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall
be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency
as is provided for ad valorem taxes.
The Special Taxes are imposed by the District and not the City. The Special Tax shall be
levied by the District, in any year, only on a parcel or a possessory interest in a parcel within the
District for the use of such property during such year as Hotel Property or Campsite Property.
SECTION 4. This Ordinance shall be effective upon its adoption, pursuant to Section
312(d)(3) of the Charter of the City of Chula Vista (the “City Charter”). Within fifteen (15) days after
its adoption, the City Clerk shall cause this Ordinance to be published in a newspaper of general
circulation in the City pursuant to Section 312(b) of the City Charter.
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this _____ day of _________, 2021, by the following vote:
AYES:
NAYS:
ABSENT:
Mary Casillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
2021/07/27 City Council Post Agenda Page 92 of 391
60297.00060\34018037.2
3
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. _____ had its first reading at a regular meeting held on the _____ day of _________,
2021, and its second reading and adoption at a regular meeting of said City Council held on the _____
day of _________, 2021; and was duly published in summary form in accordance with the
requirements of state law and the City Charter.
_____________________________
Dated Kerry K. Bigelow, MMC, City Clerk
2021/07/27 City Council Post Agenda Page 93 of 391
60297.00060\34018037.2
SECOND READING AND ADOPTION
A-1
EXHIBIT A
AMENDED
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
BAYFRONT PROJECT SPECIAL TAX FINANCING DISTRICT
2021/07/27 City Council Post Agenda Page 94 of 391
v . 0 03 P a g e | 1
July 27, 2021
ITEM TITLE
Program Participation: Authorize Submittal of an Oil Payment Program Application to CalRecycle as the
Regional Lead Participant for the South Bay/East County Used Oil Program
Report Number: 21-0103
Location: No specific geographic location
Department: Economic Development
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California
Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no
environmental review is required. In addition, notwithstanding the foregoing, the activity also qualifies for
an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State
Guidelines.
Recommended Action
Adopt a resolution approving the submittal of a regional Oil Payment Program application to CalRecycle as
the regional lead participant for the South Bay/East County Used Oil Program.
SUMMARY
Staff is requesting authorization to submit an Oil Payment Program application on behalf of Chula Vista as
the lead agency for the participating jurisdictions of Coronado, El Cajon, Imperial Beach, La Mesa, Lemon
Grove, National City, and Santee, to act as lead agency in a program to educate the public regarding the proper
disposal of used oil and oil filters.
ENVIRONMENTAL REVIEW
The Director of Development Services reviewed the proposed activity for compliance with the California
Environmental Quality Act (CEQA) and determined that the activity is not a “Project” as defined under Section
15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines
the activity is not subject to CEQA. In addition, notwithstanding the foregoing, the Director of Development
Services has also determined that the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of
2021/07/27 City Council Post Agenda Page 95 of 391
P a g e | 2
the State CEQA Guidelines because it can be seen with certainty that there is no possibility that the activity
in question may have a significant effect on the environment. Therefore, no further environmental review is
required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
The California Oil Recycling Enhancement Act (Act), which is administered by the California Natural
Resources Agency – Department of Resources Recycling and Recovery (CalRecycle), is a law designed to
discourage the illegal disposal of used lubricating oils. In September 2009, Governor Schwarzenegger signed
Senate Bill 546 (Lowenthal) (SB 546), making several changes to the Act.
One of the most significant changes to the Act replaced the traditional Used Oil Grant Program with the Oil
Payment Program. With the new Oil Payment Program, funds will be received in advance of the expenditures
and must be spent on program activities within 18 months of receipt. Jurisdictions will no longer be required
to front the money and invoice the state for the expenditures.
The Act provides funds to cities and counties for establishing and maintaining a local used oil recycling
program. The primary purpose of the funds is to provide alternatives to illegal disposal of used motor oil
(and other lubricating oils) through a network of collection opportunities and outreach efforts designed to
inform and motivate the public to recycle used oil and oil filters as well as use re-refined oil in their vehicles
and equipment.
Staff has successfully administered a used oil program for the cities of Chula Vista, Imperial Beach, and
National City since 1993. Chula Vista became the lead agency for the South Bay/East County Used Oil
Program, which includes the cities of Coronado, El Cajon, La Mesa, Lemon Grove, and Santee (in addition to
the cities of Imperial Beach and National City) once the Oil Payment Program was established in 2010.
With Oil Payment Program funds, staff educates the public regarding the proper disposal of used oil and oil
filters via printed materials and other mediums such as television and radio and offers residents convenient
services such as curbside pick-up of used oil and oil filters. Staff also purchases functional items associated
with oil changes, such as drain pans, shop towels, and filter wrenches and holds special events like oil filter
exchanges during which the public can exchange used oil filters for new filters at no charge.
In 2016, the Chula Vista Council approved a Resolution (Resolution No. 2016-082) authorizing the submittal
of a regional Oil Payment Program application on behalf of Chula Vista as the lead agency for the participating
jurisdictions of Coronado, El Cajon, Imperial Beach, La Mesa, Lemon Grove, National City, and Santee.
Resolution No. 2016-082 was effective for five (5) years from the date of adoption on May 17, 2016.
Staff is requesting authorization to submit a regional Oil Payment Program application on behalf of Chula
Vista as the lead agency for the previously mentioned cities. Staff is further requesting authorization for the
City Manager or his/her designee (as Signature Authority) to be authorized to execute, on behalf of the City
of Chula Vista, all documents and amendments necessary to secure funding under the Oil Payment Program.
In addition, staff is requesting this Resolution be effective for five (5) years from the date of its adoption.
DECISION-MAKER CONFLICT
2021/07/27 City Council Post Agenda Page 96 of 391
P a g e | 3
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and
consequently, the real property holdings of the City Council members do not create a disqualifying real
property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
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.
CURRENT-YEAR FISCAL IMPACT
There is no current-year fiscal impact to the General Fund as a result of this action.
ONGOING FISCAL IMPACT
There will be no ongoing fiscal impact to the General Fund.
ATTACHMENTS
1. Reso 2016-082
2. 2021 May OPP 12 Guidelines
Staff Contact: Manuel Medrano, Environmental Services Manager, Economic Development Department
2021/07/27 City Council Post Agenda Page 97 of 391
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING SUBMITTAL OF AN OIL
PAYMENT PROGRAM APPLICATION AS THE REGIONAL
LEAD PARTICIPANT
WHEREAS, pursuant to Public Resources Code sections 48000 et seq., 14581, and
42023.1(g), the Department of Resources Recycling and Recovery (CalRecycle) has established
various payment programs to make payments to qualifying jurisdictions; and
WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures
governing the administration of the payment programs, including the Oil Payment Program; and
WHEREAS, the payment program allows regional participation; and
WHEREAS, CalRecycle’s procedures for administering payment programs require, among
other things, a regional applicant’s governing body to declare by resolution certain authorizations
related to the administration of the payment programs; and
WHEREAS, Chula Vista has successfully administered the South Bay/East County
Regional Oil Payment Program as the Lead Participant since 2010.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it:
1. Authorizes City staff to submit an application on behalf of itself as Regional Lead
Participant for the Oil Payment Program, and list the participating jurisdictions as
Coronado, El Cajon, Imperial Beach, National City, La Mesa, Lemon Grove, and
Santee.
2. Authorizes the City Manager, or designee, as Signature Authority to execute all
documents necessary to implement and secure payment of Oil Payment Program
funds.
3. Authorizes the Signature Authority to revise the list of participating jurisdictions as
necessary with each yearly application.
4. Authorizes this Resolution to be effective for five (5) years from the date of its
adoption.
Presented by Approved as to form by
Eric Crockett Glen R. Googins
Deputy City Manager/Director of Economic City Attorney
Development
2021/07/27 City Council Post Agenda Page 98 of 391
RESOLUTION NO. 2016-082
RESOLUTION OF THE CITY COLTNCIL OF THE CITl' OF
CHULA VISTA AUTHORIZII'G SUBMITTAL OF A
REGIONAL USED OIL PAYMENT PROGRAM APPLICATION
AS THE REGIONAL LEAD PARTICIPAI'T. RELATED
AUTHORIZATIOI'S. AND [DENTIFICATIOI' OF
PARTICPATII`'G JURISDICTIONS FOR A PERIOD OF FIVE
YEARS
WHEREAS, pursuant to Public Resources Code sections 48000 et seq., 14581, and
42023.1(g), the Department of Resources Recycling and Recoven (CalRec de) has established
various pa}ment programs to mal:e pa}ments to qualif}ing jurisdictions; and
IIEREAS, in furtherance of this authoritv, CalRec cle is required to establish
procedures eoveming the administration of the payment proerams: and
A'HEREAS, the pati ment program allows regional participant; and
VdHEREAS, CalRecycle's procedures for administering pa ment proerams require,
amon other thines: a regional applicant's eovernin body to declaze b} resolution certain
authorizations related to the administration of said payment programs; and
WHEREAS, staff educates the public regarding the proper disposal of used oil and oil
filters ;ith Used Oil Pavment Program funds via printed materials and other mediums such as
television and radio, and offers residents com enien[ sen ices such as curbside pick-up of used oil
and oil filters: and
WHEREAS. Chula Vista has successfullv administered the South Ba/East Countv
Regional Used Oil Proeram as the Regional Lead Participant since 2010 with Used Oil Payment
Proeram funds.
I'OW. THEREFORE. BE IT RESOLVED bv the Cit- Council of the Citv of Chula
Vista, that the Cit} I 4anager; or his desianee (`Signature Authoritv") is authorized and directed
to submit a regional Used Oil Pa ment Progam application on behalf of itself as Regional Lead
Participant and the participating jurisdictions of Coronado, El Cajon, Imperial Beach, La Mesa,
Lemon Grove. t'ational Cirv. and Santee.
BE IT FURTHER RESOLVED b the Cit• Council of the Cin- of Chula Vista that the
Sianature Authoritr is herebv authorized and directed to esecute all documents necessarv to
implement and secure payment: and
BE IT FURTHER RESOLVED b the Cit Council of the Citv of Chula Vista that the
Sienamre Authorit is herebv authorized and directed to re ise the list of participating
jurisdictions as necessarv ith each earh application; and
2021/07/27 City Council Post Agenda Page 99 of 391
Resolution No. 2016-082
Paee No. 2
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that
authority and direction set forth in this Resolution is effective for five (5) years from the date of
its adoption.
Presented by Approved as to form by
Eric C. Crockett len R. Googins
Director of Economic Development Ci tto y
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
Califomia, this 17th day of May 2016 by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan, McCann, Miesen, and Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Mary S as, Mayor
ATTEST:
Donna R. Non is; CMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN D1EG0 )
CITY OF CHULA VISTA
I, Donna R. Norris City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2016-082 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 17th day of May 2016.
Executed this 17th day of May 2016.
Donna R. Norris. C C. Citv Clerk
2021/07/27 City Council Post Agenda Page 100 of 391
Guidelines: Used Oil Payment Program, OPP12 (FY 2021–22) 1
May 2021
Department of Resources Recycling and Recovery
Used Oil Payment Program Guidelines
Cycle 12 (OPP12) Fiscal Year 2021–22
2021/07/27 City Council Post Agenda Page 101 of 391
Guidelines: Used Oil Payment Program, OPP12 (FY 2021–22)2
Table of Contents
Overview and Statutory Authority ................................................................................ 4
Timeline and Cycle Activity ........................................................................................... 5
Eligible Applicants ........................................................................................................ 5
Charter Cities ................................................................................................................ 5
Regional Application Requirements .............................................................................. 6
Joint Powers Authority Application Requirements ........................................................ 6
Public Records Requests ............................................................................................. 6
Confidentiality ............................................................................................................... 6
Application Instructions ................................................................................................ 8
Application Access ....................................................................................................... 8
Application Contents and Instructions........................................................................... 8
Program Requirements Tab ...................................................................................... 8
Contacts Tab ............................................................................................................. 9
Addresses Tab........................................................................................................... 9
Participating Jurisdictions Tab ................................................................................... 9
Documents Tab ......................................................................................................... 9
Application Submittal and Deadline .............................................................................. 9
Application Process .................................................................................................... 10
Application Documents ............................................................................................... 11
Electronic and Original Signatures ............................................................................. 11
CalRecycle Documents .............................................................................................. 11
Application Certification ........................................................................................... 11
Applicant’s Documents ............................................................................................... 11
Resolution ................................................................................................................ 11
Individual Application Resolution Requirements: .................................................. 12
Regional Application Resolution Requirements: ................................................... 12
Joint Powers Authority Agreement........................................................................... 13
Letter of Authorization .............................................................................................. 13
Letter of Authorization Requirements: .................................................................. 13
Letter of Designation ................................................................................................ 13
Review and Award Process ........................................................................................ 15
Application Review Process ....................................................................................... 15
Payment Award Process ............................................................................................ 15
Payment Award Conditions ........................................................................................ 15
Notice of Award .......................................................................................................... 15
Application Revisions.................................................................................................. 15
Disqualification of Application ..................................................................................... 15
Term and Payments..................................................................................................... 16
Eligible Costs .............................................................................................................. 16
Expenditures ............................................................................................................... 16
Expenditures Requiring Approval ............................................................................... 17
Pre-Approved Expenditures ........................................................................................ 17
Stormwater Mitigation ................................................................................................. 19
Ineligible Costs ........................................................................................................... 19
Publicity, Education, and Outreach ............................................................................. 20
Acknowledgement ...................................................................................................... 21
Graphics ..................................................................................................................... 22
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Guidelines: Used Oil Payment Program, OPP12 (FY 2021–22) 3
Certified Collection Center (CCC) Site Visit Requirements ......................................... 22
Annual Reporting ........................................................................................................ 22
Expenditure Reporting ................................................................................................ 23
Expenditure Reporting Resources ........................................................................... 23
Unspent Funds ........................................................................................................... 23
Audit, Accounting, and Records Retention ................................................................. 23
Real and Personal Property Acquired with OPP Funds .............................................. 24
Discretionary Termination ........................................................................................... 25
Termination for Cause ................................................................................................ 25
Indemnity .................................................................................................................... 25
Compliance ................................................................................................................. 25
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Guidelines: Used Oil Payment Program, OPP12 (FY 2021–22) 4
Submittal of a Used Oil Payment Program (OPP) Application constitutes
acceptance of these Guidelines as the controlling requirements for receiving,
spending, and accounting for OPP funds and for annual reporting. The
application and these Guidelines shall constitute the OPP Agreement.
Overview and Statutory Authority
The Department of Resources Recycling and Recovery (CalRecycle) offers the Used
Oil Payment Program pursuant to Section 48600 of the Public Resources Code.
The California Public Resources Code (PRC) section 48600 et seq. describes the
California Oil Recycling Enhancement Act (Act), which, among ot her things, provides up
to $11 million annually in payments to local governments for implementation of local
used oil and filter collection programs. The Department of Resources Recycling and
Recovery (CalRecycle) is responsible for administering the OPP. These Guidelines
describe the application and administrative processes to implement the OPP Cycle 12.
Payment Recipients (recipients) are responsible and accountable for ensuring that
expenditures are appropriate, and that proper internal supporting doc umentation is
maintained. To ensure full compliance with OPP’s processes and requirements, OPP
applicants/recipients must adhere to these Guidelines and the program provisions set
out in the Act, notably PRC sections 48674, 48690, and 48691.
Note:The anticipated amount for FY 2021–22 is $6,000,000. The amount available is
subject to change, based on the availability of oil funds.
This resource document provides applicants with instructions to access and complete
the application online and information about the administration of the Used Oil Payment
Program. The web-based application is in CalRecycle’s Local Government Oil Payment
Program (LoGOPP) (https://secure.calrecycle.ca.gov/LoGOPP/SignIn.aspx). You will
need to sign into LoGOPP to complete and submit an application.
Note: The following terms used in this document are defined below, unless the context
clearly indicates otherwise:
“Applicant” refers to either the legal name of the entity that is legally responsible
for payment program administration, if awarded, or to a person who is completing
an application on behalf of the Applicant (this is usually the primary contact listed
on the application, but could also be the secondary contact, signature authority,
or consultant).
“You” refers to a person who is completing the application on behalf of the
Applicant.
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Guidelines: Used Oil Payment Program, OPP12 (FY 2021–22) 5
Timeline and Cycle Activity
June 30, 2021: Application Due Date
Applicants must submit applications in LoGOPP by 11:59 p.m. on this date.
Customer service will be available until 4:00 p.m. on this date.
July 29, 2021: Secondary Due Date
Approved Resolution must be uploaded in LoGOPP by this date if it was not
submitted with the application.
If applicable, Letters of Authorization must be up loaded in LoGOPP by this date.
Spring 2022: Payments Awarded
Unless a Fall 2021 payment is requested by the applicant and subsequently
approved by CalRecycle.
July 1, 2021–June 30, 2023: Cycle Term Dates
August 15, 2022 and August 15, 2023: Annual Report Due Dates
Due no later than August 15 of each year during performance period. If the due
date falls on a Saturday or Sunday, the online report must be submitted by the
following Monday.
Eligible Applicants
Applicants are limited to local government s, which are defined in statute as "any
chartered or general law city, chartered or general law county, or any city and county."
CalRecycle may make a payment to another entity that will implement the program on
behalf of a local government (in lieu of mak ing a payment to that local government) with
the agreement of that local government.
Applicants that comply with PRC sections 48690 and 48691 are eligible to apply for
and, if approved, receive payment through the OPP. Applicants must have a used oil
collection program which provides either of the following or a combination of the two:
Ensures there is at least one certified used oil collection center (CCC) for every
100,000 residents not served by curbside collection .
Provides used oil curbside collection at least once a month.
In addition to meeting at least one of the requirements above, applicants must have a
public education component that informs the public of locally available used oil recycling
opportunities.
Charter Cities
California Labor Code section 1782 prohibits a charter city from receiving state funding
or financial assistance for construction projects if that charter city does not comply with
Labor Code sections 1770-1782. If any applicants or participating jurisdi ctions are
charter cities or joint powers authorities that include charter cities, the lead participating
jurisdiction must certify that Labor Code section 1782 does not prohibit any included
charter city from receiving state funds for the project describe d in this application. If it is
determined after award that an applicant or a participating jurisdiction is a charter city
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Guidelines: Used Oil Payment Program, OPP12 (FY 2021–22) 6
prohibited from receiving state funds for their project, the award will be terminated and
any disbursed OPP funds shall be returned to CalRecycle.
Regional Application Requirements
Local governments may join together in a regional application, in which two or more
eligible jurisdictions join together for the purpose of project implementation. A Regional
Lead Participant (Lead) must b e designated to act on behalf of all participating
jurisdictions. An entity that is not a local government, such as a district, can be
delegated as a Lead but is not eligible to join as a participant. The Lead is the applicant
who will be responsible for the performance of the OPP and all required documentation.
CalRecycle will direct all official correspondence and payments to the Lead. If a
jurisdiction is a participant in a regional application, it may not apply individually.
Joint Powers Authority Application Requirements
Joint Powers Authorities (JPA) may submit a n application as an individual applicant.
The JPA must upload a copy of its JPA Agreement that:
1. Gives authority over used oil management.
2. Lists all member entities.
3. Contains the signature of all members.
Note: An entity may not submit an individual application if that entity is also a member
of an applicant JPA.
Public Records Requests
It is the policy of CalRecycle to make records requested by the public promptly available
in accordance with the laws governing disclosure of records and information to the
public. In general, all records in the possession of a state agency are public records
subject to disclosure, unless a law provides that a particular kind of record or
information is not a public record or is exempt or prohibited from disclosure.
Upon request, the entire contents of the submitted application are subject to public
records requests. This may include contact information, project summary, uploaded
documents, and scoring information. Public records may be requested from CalRecycle
through the California Public Records Act Requests web page
(https://www2.calrecycle.ca.gov/Forms/ContactUs/PublicRecordsRequest/).
Confidentiality
The following describes the treatment of certain confidential or proprietary information
under the California Public Records Act (Government Code 6250, et seq.) and related
regulations. It also describes h ow questions are resolved on whether information is
truly confidential, the legal protections for confidential information, and internal and
program procedures to maintain confidentiality.
Confidential or Proprietary Information
Title 14 of the California Code of Regulations (14 CCR), sections 17041-17046
(https://www.calrecycle.ca.gov/Laws/Regula tions/Title14/), states that confidential or
proprietary information shall include, but is not limited to:
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Guidelines: Used Oil Payment Program, OPP12 (FY 2021–22) 7
Personal or business-related financial data, customer client lists, supplier lists
and other information of a proprietary or confidential business nature provided by
persons in applications, reports, returns, certifications or other documents
submitted to [CalRecycle] which if released would result in harmful effects on the
person’s competitive position
Tax information prohibited from disclosure, pur suant to the Revenue and
Taxation Code
Accordingly, appropriate documents submitted with an application that are clearly
marked, on each page, “confidential or proprietary information” will be treated by
CalRecycle pursuant to the procedures set forth in 14 CCR sections 17041-17046.
However, the law does not treat documents marked as “confidential or proprietary
information” (such as sales brochures, promotional literature and other general non -
financial documents) as confidential if they do not fall within the categories of protected
financial documents listed above.
What if there is a question about what is confidential?
If CalRecycle receives a request to disclose data claimed by the applicant to be
confidential, CalRecycle would notify the applicant o f the request and state that the
documents were under review to determine whether information was correctly identified
as “confidential.” If there was any question as to whether specific information was
confidential, CalRecycle would contact the person(s) identified in the application to
provide a justification and statement why the information is confidential. The process
for evaluating confidentiality claims is set forth in section 14 CCR 17046.
What program procedures will keep information confidentia l?
Financial information will be evaluated and analyzed only by CalRecycle staff, kept
confidential, and will be maintained with restricted access. Records no longer needed
to provide the services offered under the grant program are periodically destroyed ,
when allowed by audit policies and state law.
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Guidelines: Used Oil Payment Program, OPP12 (FY 2021–22)8
Application Instructions
Application Access
The application is available on CalRecycle’s online Local Government Oil Payment
Program (LoGOPP) (https://secure.calrecycle.ca.gov/LoGOPP/SignIn). Access to
LoGOPP is secure; therefore, you must have a CalRecycle WebPass in order to log into
the system. Applicants who have not previously obtained a CalRecycle WebPass can
create an account at the CalRecycle WebPass Site
(https://secure.calrecycle.ca.gov/WebPass/). After you activated the account, you can
request LoGOPP access by contacting your Program Advisor
(https://www.calrecycle.ca.gov/HomeHazWaste/Grants/Contacts/).
To start an application:
1.Log in to LoGOPP (https://secure.calrecycle.ca.gov/LoGOPP/SignIn).
2.Select Applications on the left.
OPP cycles are displayed in a table.
3.Click the Add Application button on the top right.
4.The application then opens to the Program Requirements tab.
Application Contents and Instructions
The components of the application are divided into tabs . To fill out an application, click
on each tab and complete the sections in each tab as required. General directions are
on the top of each tab, and detailed information about the requirements for each tab is
listed below.
The applicant is responsible for a complete application . This includes signing
documents, uploading required documents, and submitting the application by the due
date(s). Failure to do so will result in disqualification from the OPP.
Examples of disqualifications may include:
Applicant does not meet the eligibility requirements.
Applicant uploads incomplete or blank documents to the Documents tab.
Signature Authority fails to sign Application Certification or any document that
requires a signature.
The online application is incomplete or missing information.
Program Requirements Tab
This tab provides a summary of the application, due dates, program requirement
questions, payment options, important links, and the submit application button (once
minimum requirements are complete). It is the applicant’s responsibility to ensure that
all required documents, based on the individual application/project, are submitted by the
appropriate due date.
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Guidelines: Used Oil Payment Program, OPP12 (FY 2021–22) 9
Contacts Tab
The application is required to have only one Primary Contact and at least one Signature
Authority. Contacts will automatically populate based on your previous year’s
application, when applicable. You must verify that the contacts are still the same;
otherwise, you can add, edit or delete contacts before you submit your application .
Primary Contact. One person who the Signature Authority or their designee has
authorized to manage and oversee the program. This person will be the first
contact with whom CalRecycle will communicate.
Signature Authority. The person(s) authorized to sign CalRecycle documents,
such as applications, annual reports, etc., as authorized by a board/council -
adopted Resolution, Letter of Designation, or Letter of Commitment (if
applicable).
Secondary Contact. A person authorized (by the Primary Contact or Signature
Authority or their designee) as the alternate person with whom CalRecycle will
communicate. (Not required)
Consultant. A professional who provides advice in an area of expertise. If the
applicant is awarded, the consultants may manage the program or only conduct
specific activities, based on a written agreement between the applicant and the
consultant outlining work to be performed. (Not required)
Addresses Tab
All applicants are required to enter a physical address and a payment address. There is
also an option to enter a mailing address. If more than one address is the same, you
may select the appropriate address types and enter the address only once.
Participating Jurisdictions Tab
Only regional applicants or Individual Joint Powers Authorities (JPA) applicants are
required to use this tab. Individual applicants that are not JPAs will not use this tab.
Only local governments are eligible as participating jurisdictions in a regional
application. Select the name of each eligible participating jurisdiction, or each JPA
member participating in the application, and move them to the left.
Documents Tab
When uploading a document, enter a document title, and select the appropriate
document type from the drop-down list. Click the “Browse” button to locate the
document you wish to upload. Once you have finished, click the “Save” button. See the
Authorizing Documents section below.
After all of the required application documents are uploaded, return to the Program
Requirements tab and print the Application Certification. The applicant must obtain
a certified e-Signature or wet ink signature from the authorized Signature Authority
(identified in your Resolution or Letter of Commitment), scan the signed document,
upload it, and retain the original hard copy document.
Application Submittal and Deadline
The Submit Application button will be enabled after the Application Certification has
been uploaded. You may upload any authorizing documents such as the Resolution,
Letter of Designation, Letters of Authorization, or JPA Agreements either at the time of
submittal or by the secondary due date of July 29, 2021. Click the Submit Application
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Guidelines: Used Oil Payment Program, OPP12 (FY 2021–22) 10
button and then the application sta tus will change to Submitted. The application can
only be submitted once; however, you will be able to upload authorizing documents until
the secondary due date.
Applications must be submitted no later than 11:59 p.m. on June 30, 2021. Customer
service will be available until 4:00 p.m. on the application due date either by emailing
grantassistance@calrecycle.ca.gov or calling Maria Elena Kennedy at (916) 341-6228.
Application Process
The application process requires that applicants must:
1.Submit a completed online application to CalRecycle by the application due date
and upload an electronic (scanned) version of the signed application certification
page in the online system.
2.Retain in its OPP file the original hard copy of the application certification page
signed by the applicant’s Signature Authority.
3.Submit the authorizing documents by the secondary due date (see the Timeline
and Cycle Activity section for due date).
An important OPP12 application approval requirement includes the submittal of the
following:
1.Submit a completed annual report in LoGOPP (see Timeline and Cycle Activity
table for due date) for OPP10 and/or OPP11 by August 15, 2021. If the due date
falls on a Saturday or Sunday, the online report must be submitted by the
following Monday.
2.Have no outstanding debt(s) owed to CalRecycle.
3.Return any unspent funds from the closed Cycle 10 to CalRecycle by August 15,
2021 (see Unspent Funds section).
If you have any questions regarding the application process, please call Maria Elena
Kennedy at (916) 341-6228 or send an e-mail to grantassistance@calrecycle.ca.gov.
Technical assistance will be provided until 4:00 p.m. on the application due date.
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Guidelines: Used Oil Payment Program, OPP12 (FY 2021–22) 11
Application Documents
Electronic and Original Signatures
CalRecycle now allows for certified e-Signature or original wet signature on documents
or forms that certify legally binding information.
Note: The e-Signature must be the Adobe Digital ID or through another certified digital
signature program, and cannot be the “Fill and Sign” function wit hin Adobe. Any
documents using the “Fill and Sign” method, will be considered as incomplete and may
be sent back to the applicant.
Once the document(s) have been signed by the Signature Authority, you must scan the
wet signature, or upload the digitally signed document and save it to LoGOPP. Retain
the original document for potential CalRecycle audits (see Audit Consideration section
of the Procedures and Requirements document for more information).
If you have questions, email grantassistance@calrecycle.ca.gov.
CalRecycle Documents
Application Certification
The Application Certification is a required application document that must be generated
from LoGOPP.
After you have completed each tab of the application, generate the Application
Certification from the Program Requirements tab. A certified e-Signature or wet ink
signature from the authorized Signature Authority (identified in your Resolution or Letter
of Designation) is required. Once it is signed, scan the document, upload it, and retain
the original hard copy document.
Applicant’s Documents
Below is a list of documents that the applicant is responsible for preparing and
uploading to their application.
Authorizing documents must be uploaded no later than 11:59 p.m. on July 29, 2021.
Customer service will be available until 4:00 p.m. on the secondary due date.
Resolution
Any applicant that is subject to a governing body must upload a Resolution that
authorizes payment program-related matters. A copy of the Resolution is a required
application document that must be uploaded no later than the secondary due date or
CalRecycle will deem the application incomplete and disqualify the applicant.
Resolution requirements vary for individual applications and regional applications as
described in the following sections. For Resolution templates refer to the Resolution
and Letter Examples (https://www.calrecycle.ca.gov/Funding/SampleDocs) web page.
CalRecycle staff are available to answer questions about the Resolution or letter
examples, or to review your draft Resolution to ensure it meets the requirements of the
program.
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Guidelines: Used Oil Payment Program, OPP12 (FY 2021–22) 12
We strongly encourage applicants to email draft Resolutions for review. If you would
like CalRecycle to review your draft Resolution, please email the document in Word
format to grantassistance@calrecycle.ca.gov, and let us know if your application is a
Regional application or an individual application. You may upload the Resolution to
your LoGOPP application as a Draft Resolution, but there is no guarantee that
CalRecycle will review it prior to the secondary due date when Resolutions are due.
Individual Application Resolution Requirements:
The Resolution must authorize submittal of an application for one or more
specifically named CalRecycle Payment Programs or for all CalRecycle Payment
Programs for which the applicant is eligible and currently applying.
The Resolution must identify the time period up to and including until rescinded,
during which the authorizations are valid.
o “Until rescinded” Resolutions are encouraged; however, specific periods of
time are acceptable.
o If a Resolution does not specify a time period, CalRecycle will consider the
Resolution valid for one year from the date of adoption.
The Resolution must identify the Signature Authority by listing the job title of the
person(s) authorized to sign all payment program-related documents necessary
to implement and close-out the project(s).
o (Optional but encouraged) The Resolution should authorize the Signature
Authority to delegate their signature authority to another person identified by
job title. Applicants can only submit a Letter of Designation if the
corresponding Resolution includes designee language.
Note: The Signature Authority must sign a Letter of Designation prior to the designee’s
exercise of their authority.
Regional Application Resolution Requirements:
The Regional Lead Participant (Lead) must submit an approved Resolution that
authorizes it to act as a lead for a regional program. This Resolution must
authorize the submittal of a regional application on behalf of the Lead and
specifically named participants.
If the Resolution is valid for more than one year, it is highly recommended that:
o the list of participants be provided as an attachme nt rather than embedded in
the Resolution, and
o the Signature Authority be authorized to revise the list as necessary with each
subsequent application (this allows a Signature Authority to add or remove
participants with each new application without the necessity of obtaining a
new Resolution).
Participants must provide a Letter of Authorization (LOA) to the Lead, authorizing
the Lead to act on its behalf. LOA(s) may be valid for as long as the Lead’s
Resolution is valid, not to exceed five years, otherwise, if no time period is
specified, the LOA will be valid for only one year from the document date. The
applicant must upload copies of the LOA(s) no later than the secondary due date
(See Letter of Authorization section for more instructions).
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Guidelines: Used Oil Payment Program, OPP12 (FY 2021–22) 13
Joint Powers Authority Agreement
Joint Powers Authorities (JPA) must upload a copy of their JPA Agreements giving them
authority to conduct the project, listing all member entities, and containing the signature
of all members. CalRecycle does not require Letters of Authorization for JPA
applicants.
Letter of Authorization
Applicants may use a Letter of Authorization (LOA) for programs that allow for Regional
applications. The Participating Jurisdiction prepares the LOA and gives the Lead
Participant authorization to apply for and to act on its behalf in the implementation and
administration of the program.
The Lead must upload the LOA no later than the secondary due date or CalRecycle will
remove the Participating Jurisdiction(s) from the application.
Letter of Authorization Requirements:
The LOA must:
Be on the Participant’s official letterhead.
Be signed by an individual authorized to contractually bind the Participating
Jurisdiction.
Be valid for as long as the Lead’s Resolution, not to exceed five years, otherwise
the participating entity must date the letter within the last 12 months.
Authorize the Lead to submit a regional application and act as Lead Agency on
behalf of the Participating Jurisdiction.
Authorize the Lead to execute all documents necessary to implement the
program.
For LOA templates refer to the Resolution and Letter Examples
(https://www.calrecycle.ca.gov/Funding/SampleDocs) web page.
Letter of Designation
CalRecycle requires a Letter of Designation (LOD) only when the Signature Authority
identified in the approved Resolution chooses to delegate their signature authority to
another person.
The approved Resolution must indicate the Signature Authority’s ability to delegate or
designate their authority. The applicant must upload the LOD prior to the designee’s
exercise of their authority. If the designee signs an application document in place of the
Signature Authority, the applicant must upload the LOD with their application.
The LOD must:
Be on the applicant’s letterhead.
Be signed by the Signature Authority.
Include the job title of the designee and the scope of the designee’s authority.
Include the time period during which the designee may exercise the authority.
o The designee’s authority may not extend beyond the effective date of the
approved Resolution or Letter of Commitment. For example, if the
Resolution is effective until December 31, 2023, then the Letter of
Designation may not be effective beyond December 31, 20 23. If the letter
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Guidelines: Used Oil Payment Program, OPP12 (FY 2021–22) 14
does not identify a valid time period, the letter will follow the same time frame
as the Resolution.
For LOD templates refer to the Resolution and Letter Examples
(https://www.calrecycle.ca.gov/Funding/SampleDocs) web page.
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Guidelines: Used Oil Payment Program, OPP12 (FY 2021–22) 15
Review and Award Process
Application Review Process
After the close of the application period, CalRecycle staff will review the applications for
completeness and eligibility. Only complete applications will be considered for
award.
Payment Award Process
For qualifying applications, CalRecycle staff will develop funding recommendations for
the consideration and approval of CalRecycle’s Director, or their designee; CalRecycle
tentatively schedules this for October 2021.
Payment Award Conditions
When awarded, this payment will be subject to these conditions:
1. The recommended payee must pay all outstanding debts due to CalRecycle, or
bring current outstanding payments owed to CalRecycle, within 60 days of the
award email date.
2. The recommended payee must have returned any unspent OPP funds from all
closed cycles to CalRecycle by August 15, 2021.
3. The recommended payee must have submitted a completed Annual Report in
LoGOPP for their OPP Cycles by August 15, 2021. (This does not apply to new
program applicants.)
Failure to comply with any of these requirements will void the award.
Notice of Award
Upon approval of annual reports and applications, recipients will be notified by email
that an OPP award has been awarded and that they are authorized to incur costs and
expend funds in furtherance of their programs. Expenditures incurred prior to the award
notice, but after the cycle term start date, are subject to the OPP12 Guidelines, and are
incurred at the recipient’s own risk. A listing of the award amounts for all recipients will
be posted on the Used Oil Payment Program (OPP) webpage
(https://www.calrecycle.ca.gov/usedoil/lgpayments/).
Application Revisions
Once approved, the recipient/regional lead is contractually bound to carry out the used
oil program in accordance with the OPP Guidelines. The recipient and/or any regional
participant that submitted a Letter of Authorization cannot withdraw or amend their
application.
Disqualification of Application
CalRecycle will notify an applicant and provide the reasons for disqualification of an
application. In such cases, potential applicants are encouraged to contact and work
with CalRecycle to ensure that its jurisdiction meets th e necessary requirements prior to
the next application cycle.
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Guidelines: Used Oil Payment Program, OPP12 (FY 2021–22) 16
Term and Payments
The term of the OPP cycle is 24 months (refer to the Timeline and Cycle Activity
section for the cycle term dates) and funds must be expended or returned to CalRecycle
as described in the Unspent Funds section.
Payments must be placed into an interest-bearing account. Tracking and reporting of
interest earned (if any) on the payment is not required. All interest accrued and
received from the OPP funds shall be used only for eligible expenses related to the
performance of this Agreement.
As part of the application process, an applicant may request receipt of its annual
payment in fall 2021 (around October) or spring 2022 (around April). For CalRecycle to
approve the fall payment request, all funds from any previous OPP cycles must be
spent. Otherwise, the standard spring payment will be issued.
Eligible Costs
All expenditures must be for the purposes of establishing and maintaining a used oil
program as set forth in PRC sections 48690–48691
(http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PRC§i
onNum=48691).
Eligible costs must be incurred and accrued (if applicable) during the cycle term.
Expenditures
Used oil and used oil filter collection and recycling activities, educational activities, and
mitigation of used oil in stormwater runoff are statutory components of local used oil
collection programs (PRC section 48691). Accordingly, these activities should be the
focus of OPP expenditures.
All expenditures are to be reported in LoGOPP for the Annual Report. Eligible
expenditures must include invoice details under the Expenditure tab for each cycle.
Expenditures must be paid for before submitting the Annual Report. Jurisdictions are
not required to upload the invoices or proof of payment, unless requested by the
program advisor.
Expenditures included in the Annual Report for an ending cycle may not be cancelled
after the Annual Report is submitted. Cancelation of an ending cycle expenditure after
submitting the Annual Report may impact the jurisdiction’s ability to receive future
awards.
The recipient must expend all of the available funds from the oldest OPP cycle prior to
spending any funds from the most recent OPP cycle. It is acceptable to split an invoice
across two separate OPP cycles in order to “zero out” all funds in the oldest OPP cycle
before using funds from a more recent OPP cycle. Expenditures that are split need to
be clearly identified and retained in both cycle files to facilitate review and retention (see
the Audits, Accounting, and Records Retention section).
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Guidelines: Used Oil Payment Program, OPP12 (FY 2021–22) 17
Expenditures Requiring Approval
Expenditures associated with the tasks or products listed below must be pre -approved
by the CalRecycle Program Advisor using the “Expenditure Requests” option in
LoGOPP prior to incurring the expense; otherwise, CalRecy cle may deny the expense.
The review and approval process of an expenditure request is processed through
LoGOPP only. The submitted material should be the final version. Allow at least five
working days for a review.
Expenditures that require pre-approval include, but are not limited to:
Functional items that contain any messages.
Functional items if the total cost exceeds $25 per person, an individual item that
exceeds $12, or an oil filter that exceeds $15. All cost values are before sale tax.
All television, video, radio scripts, social media, and electric/printed material for
public display.
Development, purchase, or distribution of useful educational/promotional
materials informing the public about used oil and used oil filter collection and
recycling.
o Examples include, but are not limited to, newspaper advertisements,
brochures, flyers, utility inserts, booklet, and promotional stickers/labels.
School presentati ons (submit script and presentation purpose to the Program
Advisor for review).
Surveys (excluding simple surveys that are conducted at oil filter exchange
events/used oil outreach booths).
Purchase of equipment over $500 (excluding sale tax).
Any construction activity (includes improvements to facility/building(s)/site(s)
directly related to used oil).
Used oil stormwater mitigation activities pursuant to PRC section 48691 (refer to
the Stormwater Mitigation section).
Any item that is not included on the pre -approved list below.
Pre-Approved Expenditures
The following do not require an Expenditure Request for approval:
Maintenance of a used oil and filter program.
Curbside used oil and used filter hauling/disposal costs.
Booth rentals for used oil events.s Anything less than 100 used oil related
requires an Expenditure Request.
Development, purchase and/or distribution of the following used oil program
materials that have a functional purpose associated with an environmental
benefit: marine absorbent bilge pads, oil funnels, oil drain containers, oil change
rags, new oil filters for exchanges, Ziploc-type filter bags, cardboard creepers,
filter wrenches/removers, dirty filter recycling containers, maps of collection
centers, and tide charts.
o If distributing these items in oil change kits, each kit cannot exceed $25
(excluding sales tax) and each item, whether it is included in the kit or
distributed separately, cannot exceed $12 (excluding sales tax).
Reminder: Any messages on these functional items require an
Expenditure Request.
2021/07/27 City Council Post Agenda Page 117 of 391
Guidelines: Used Oil Payment Program, OPP12 (FY 2021–22) 18
Used oil filter exchange activities for a free replacement oil filter of equal value
(shelf price).
o Filters must not exceed $15 (excluding sales tax) and the limit is two filters
per household. Vouchers/coupons may be given out for managing and
tracking exchanges but must be redeemed on the same date of the event.
The oil filter cost is not counted towards the $25 maximum allowed for oil
change kits.
Tablet electronic devices (typically seven inches or more measured diagonally)
with a maximum price of $500 (excluding sales tax) and limit of one tablet
(exceptions may be approved on a case-by-case basis), used primarily for the
purposes of used oil/filter public education or outreach.
o Additional costs can be spent on accessories for charging, item protection,
and security at events.
Certified Unified Program Agency (CUPA) or other agency inspec tion fees
directly related to establishing and maintaining an effective oil and oil filter
collection and recycling program.
Personal protective equipment (PPE) for used oil /filter collection activities.
o Refer to the Occupational Safety and Health Administration
(https://www.osha.gov/personal -protective-equipment) for the
definition of PPE. All lab fees related to testing oil samples for
contamination in used oil tanks.
Test kits and other equipment related to monitoring contaminants in oil tanks.
Hazardous Waste Operations and Emergency Response (HAZWOPER) 8-hour
refresher course approved up to 10 percent of allocation.
o If the total cost exceeds the 10 percent threshold, the jurisdiction will need
to submit an expenditure request.
Purchase, rental, and installation costs of portable storage containers or sheds
solely for protection of oil related equipment, activities, and/or supplies.
Personnel costs directly related to OPP activities.
o Personnel time should be calculated based on documented actual time
spent on OPP-related activities, should be based on the actual salary or
hourly wage paid with benefits, and shall not include vacation or sick leave
time. Refer to the Personnel Expenditure Summary, CalRecycle 165 form
located on the CalRecycle Grant Forms webpage.
Indirect/overhead costs up to 10 percent of the OPP eligible expenditures.
Registration and related travel expenses to attend HHW/Used Oil
Conferences/Symposiums (for up to two attendees) and Household Hazardous
Information Exchange (HHWIE).
o Staying at a hotel the night before a meeting/event is allowed only if the
meeting/event begins at or before 9:00 a.m. the next morning.
o Refer to the Memorandum
(https://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx)
for travel policies.
o Reimbursement rates are subject to change at any time by the S tate
without prior notification. Note: This limitation applies to recipients and
consultants/contractors who administer and/or implement a program.
Any eligible costs not listed above require submission of an “Expenditure Request”
in LoGOPP for review and approval before spending funds .
2021/07/27 City Council Post Agenda Page 118 of 391
Guidelines: Used Oil Payment Program, OPP12 (FY 2021–22) 19
Stormwater Mitigation
Since the passage of stormwater related legislation in January 2002, some stormwater
mitigation expenditures are considered eligible expe nses through the OPP. To be
considered eligible, each jurisdiction must certify that it has a stormwater mitigation
program that was approved by its local Regional Water Quality Control Board.
Stormwater mitigation is defined in PRC section 48618.4 to include “…the prevention of
stormwater pollution from used oil and oil byproducts and the reduction or alleviation of
the effect of stormwater pollution from used oil and oil byproducts by means of action
taken on public property.”
Mitigation includes the installation of devices and implementation of practices that
prevent used oil and oil byproducts from causing stormwater pollution. Mitigation does
not include the cleanup or restoration of polluted areas.
The following types of storm drain filters (inserts/debris screens) are eligible:
• A catch basin inlet insert that contains oil absorbent media plus a debris screen that
covers the opening to the storm drain inlet. (The debris screen prevents debris and
sediment from entering the storm dr ain and obstructing the oil absorbent media.)
• A vertical drop-in parking lot inlet insert that contains oil absorbent media (must be
covered by a grate or debris screen).
Note: Periodic clean-out of catch basin inlet inserts to replace their oil-absorbent media
are eligible for OPP funding. However, street sweeping and clean-out of catch basin
inlets without inserts are not eligible for OPP funding.
The Expenditure Request process is required for any used oil stormwater mitigation,
including at marinas and agricultural activities.
Ineligible Costs
Any expenditure that does not directly support used oil or used oil filter collection,
recycling or educational activities, or mitigation of used oil in stormwater, or expenses
not directly related to the recipient’s (or consultant's/contractor's) administration of the
OPP are ineligible for funding.
Ineligible costs include, but are not limited to:
Costs incurred or accrued before July 1, 2021 or after June 30, 2023.
Development, purchase, or distribution of strictly promotional give-away items
Stuff We All Get, (SWAG) (https://www.calrecycle.ca.gov/Funding/SWAG/).
o Examples include, but are not limited to, key chains, letter openers,
squeegee toys, coffee mugs, water bottles, Frisbees, hats, t -shirts, chip
clips, pens, pencils, beanie babies, screwdrivers, coloring books, small
recycling containers for pencils, magnets, dried sponges, flash drives,
reusable bags, etc.
Development or customization of school curricula.
o Exceptions may be approved on a case-by-case basis.
Equipment or services not directly related to used oil activities.
2021/07/27 City Council Post Agenda Page 119 of 391
Guidelines: Used Oil Payment Program, OPP12 (FY 2021–22) 20
Costs of non-PPE wears/uniforms, cost of dry cleaning, and the use of PPE is
not directly related to the collection of used oil and used oil filters.
Purchase or lease of land or buildings.
Costs currently covered by or incurred under a ny other loan, grant, or contract.
Remediation activities (any cleanup or restoration of polluted areas).
Purchase of data plans and/or mobile service plans/hotspots.
Costs related to applications or software for computers/mobile devices.
Costs related to website host and web page domain.
HAZWOPER 40-hour and 24-hour courses.
Enforcement activities.
Preparation of Household Hazardous Waste (HHW) elements.
Construction and development of any HHW facility that does not have a used oil
or used oil filter collection component.
Construction and development of any HHW permanent facility on non-local
government-owned property.
Any costs for construction projects by charter cities prohibited by Labor Code
section 1782.
Transportation and disposal of non-oil HHW from any facility or event.
Maintenance of equipment, materials, or supplies at HHW facilities or ABOP
(antifreeze, battery, oil, and paint) facilities not directly related to the collection of
used oil and used oil filters.
Fines or penalties due to violation of federal, state, or local laws, ordinances, or
regulations, including CUPA fines or penalties.
Personnel costs not directly related to used oil activities.
Food or beverages (e.g., as part of meetings, workshops, or events).
Cell phones.
Out-of-state travel.
Travel costs exceeding the state-approved rates for mileage, per diem, lodging,
etc.
o Refer to the Memorandum
(https://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx)
for travel policies.
o Reimbursement rates are subject to change at any time by the State of
California without prior notification.
Sponsorship or licensing fees for events/programs.
Audit expenses.
Re-refined oil expenses.
Non-CalRecycle Used Oil/HHW sponsored conferences, symposiums, meetings,
etc.
Any costs not consistent with local, state, or federal laws, guidelines, and
regulations.
Costs deemed unreasonable or not related to the proje ct by the Program
Advisor.
Publicity, Education, and Outreach
Used oil publicity, education, and outreach material must directly relate to the collection
and recycling of used oil and/or used oil filters, proper oil disposal practices , and/or the
mitigati on of used oil in stormwater activities and must be approved through the
2021/07/27 City Council Post Agenda Page 120 of 391
Guidelines: Used Oil Payment Program, OPP12 (FY 2021–22) 21
Expenditure Request process in LoGOPP. The submitted material should be the final
version.
The materials must be functional, as discussed in Eligible Costs, encourage behavioral
change, or provide an educational opportunity for the public.
To be eligible for 100 percent funding, the publicity, education, and outreach
materials must be exclusively devoted to used oil or used oil filter collection and
recycling, and/or the mitigation of used oil in stormwater activities.
To be eligible for 75 percent funding, the materials must have at least 75 percent
of the text and/or images related to used oil or used oil filter collection and
recycling and/or mitigation of used oil in stormwate r activities. The balance of
materials may be related to other programs or materials.
To be eligible for 50 percent funding, the materials must have at least 50 percent
of the text or images related to used oil or used oil filter collection and recycling
and/or mitigation of used oil in stormwater activities . The balance of materials
may be related to other programs or materials.
To be eligible for 25 percent funding, the materials must have at least 25 percent
of the text or images related to used oil or used oil filter collection and recycling
and/or mitigation of used oil in stormwater activities . The balance of materials
may be related to other programs or materials.
Materials containing less than 25 percent coverage of used oil/used oil filter
collection and recycling, and/or mitigation of used oil in stormwater activities will
not be eligible for OPP funding.
Acknowledgement
Recipients are required to acknowledge CalRecycle’s support when activities or projects
funded, in whole or in part, are publicized in any news media, social media, webpages,
brochures, articles, seminars, or other type of promotional material. Public education
and outreach materials must provide:
The acknowledgement of CalRecycle’s support must incorporate the C alRecycle
logo. The text “Funded by” or “Funded in part by” may be used in conjunction
with the CalRecycle logo, where appropriate. Initials or abbreviations for
CalRecycle shall not be used. Use the color logo on any material produced in
four or more colors.
The “Used Oil Drop” logo with the words “Recycle Used Oil” or “Recycle Used Oil
and Used Oil Filters” as appropriate.
o Use the state colors (blue oil drop on yellow background) for logos on any
material produced in four or more colors . (The color designation for
professional printing is Yale Blue-Pantone 286C; Golden Yellow-Pantone
123C.)
o The logo is also available in Spanish and Chinese.
Information on used oil and used oil filter collection and recycling/disposal.
A list of used oil collection centers within the targeted community or a local
telephone number or website to obtain further information on local collection
centers. (Use the 1-800-CLEANUP number or Earth911 (https://earth911.com/)
website if your jurisdiction does not maintain its own 24 -hour hotline.)
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Guidelines: Used Oil Payment Program, OPP12 (FY 2021–22) 22
Any use of CalRecycle’s logos should respect the original logo proportions and colors
so as not to compromise image quality.
The Program Advisor may approve a deviation from the prescribed language on a case-
by-case basis.
Graphics
Graphics are available on our Used Oil Graphics webpage
(https://www.calrecycle.ca.gov/UsedOil/Graphics/#Bumper) and Used Oil and
Household Hazardous Waste Graphics webpage
(https://www.calrecycle.ca.gov/HomeHazWaste/outreach).
For large equipment, a CalRecycle bumper sticker
(http://www.calrecycle.ca.gov/UsedOil/Graphics/#Bumper) “Funded by CalRecycle” is
available and is required to be affixed to all large pieces of equipment purchased with
OPP funds. These can be requested from your Program Advisor
(https://www.calrecycle.ca.gov/HomeHazWaste/Grants/Contacts/) when available.
You can also contact your Program Advisor for CalRecycle and oil program related
graphics.
Certified Collection Center (CCC) Site Visit Requirements
For recipients who administer their used oil program in coordination with a CCC, it is a
program requirement that a site visit be made annually to a minimum of one CCC site
per 100,000 residents being served by the used oil program. When a site visit is
conducted, the jurisdiction needs to complete a Certified Center Site Visit Checklist form
(CalRecycle 664). This form may be generated on the Generate Site Visit Checklists
webpage (https://www2.calrecycle.ca.gov/UsedOil/Forms/SiteVisit/) or found under
“Used Oil Recycling” on the CalRecycle forms webpage
(https://www.calrecycle.ca.gov/Funding/Forms). The completed form is to be retained in
the cycle file and jurisdictions will report the total number of site visits made by the
jurisdiction in the online Annual Report.
Annual Reporting
Annual reporting is a statutory requirement for ongoing eligibility for all OPP recipients.
All reported expenditures and eligible costs must be paid for before the submittal of the
Annual Report. Recipients must meet CalRecycle’s online reporting requirements. The
annual reports for this cycle must be submitted no later than August 15 of each year
during performance period. When a due date falls on a Saturday or Sunday, the online
report must be submitted by the following Monday. Failure to meet this reporting due
date may result in the denial of future funding. An email will be sent to all recipients
when the Annual Report is available for reporting input, completion, and submittal.
Upon completion of the online annual report, the report certification page must be
approved and signed by the Signature Authority. The signed annual report certification
page is to be uploaded to LoGOPP by the recipient and the original signed hard copy is
to be retained in the recipient’s cycle file. If the recipient is unable to upload the signed
annual report certification page, they should scan and email or fax it to their Program
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Guidelines: Used Oil Payment Program, OPP12 (FY 2021–22) 23
Advisor for uploading before the due date. Program Advisors will review and approve
the submitted reports.
Expenditure Reporting
All eligible expenditures must be reported in the Annual Report through the LoGOPP
system. The recipient is required to include information for each invoice under the
Expenditures tab for each cycle. If you have multiple expenditures for a vendor with the
“same category and type”, you may combine the entry totals for the multiple invoices as
one expenditure entry.
Expenditure Reporting Resources
OPP Expenditure Category Definitions
(https://www2.calrecycle.ca.gov/Docs/Web/117348)
Bulk Entries Instructions (https://www2.calrecycle.ca.gov/Docs/Web/117351).
These resources may also be found on the LoGOPP
(https://secure.calrecycle.ca.gov/LoGOPP/SignIn.aspx) homepage under the Help
Documents section.
Unspent Funds
Funds that are unspent at the end of the OPP12 term must be returned by check to
CalRecycle by August 15, 2023. Checks should be made payable to the Department
of Resources Recycling and Recovery. Checks must contain the OPP number (i.e.,
OPP12-20-xxxx), specify “OPP Unspent Funds,” and be mailed to:
CalRecycle, Accounting
OPP Unspent Funds
PO Box 4025
Sacramento, CA 95812-4025
Unspent funds due to CalRecycle but left unpaid may result in ineligibility for future OPP
funding. If there are questions or other issues related to expenditures, work with your
Program Advisor to resolve these issues.
Audit, Accounting, and Records Retention
Recipients are responsible and accountable for ensuring that expenditures are
appropriate, and that proper internal supporting documentation is maintained to provide
clear separate tracking of OPP funds and related transactions for fiscal program
management and audit purposes. To ensure full compliance with OPP’s processes and
requirements, OPP applicants/recipients must adhere to these Guidelines and the
program provisions set out in the Act, notably PRC sections 48674, 48690, and 48691.
Recipients must account for all OPP funds in a manner that provides for clear tracking
of expenditures in accordance with generally accepted accounting principles. Proper
business procedures dictate that OPP supporting documentation (including, but not
limited to, the original signed application certification and annual report summary pages,
invoices, payroll registers/logs, travel expense claim forms, proof of pre -approval, etc.)
be retained in a single file to facilitate review and retention, as well as maintenance of a
clear paper/audit trail. Recipients must follow their jurisdiction’s purchasing and/or
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Guidelines: Used Oil Payment Program, OPP12 (FY 2021–22) 24
contracting policies/requirements and ensure the proper and exclusive use of items
purchased with OPP funds.
OPP funds are subject to audit. CalRecycle, the Department of Finance, the Bureau of
State Audits, or their designated representative(s) shall have the right to review and to
copy any records and supporting documentation pertaining to the use of OPP funds
and shall have the right to interview staff rel evant to the audit. Recipient shall include
this provision in all contracts and subcontracts funded in whole or in part from OPP
funds.
Examples of documentation subject to audit include, but are not limited to, expenditure
ledgers, payroll register entri es, time sheets, travel logs, paid warrants, contracts and
change orders, samples/pictures of items and materials developed with OPP funds,
invoices, receipts, proof of pre-approval, and canceled checks. All such records shall
be maintained for possible audit for a minimum of three years after the OPP term end
date, or until completion of any action and resolution of all issues, which may arise as a
result of any litigation, dispute, or audit, whichever is later.
Audit findings against recipients can result in the need for reimbursement of OPP funds,
and/or ineligibility for future OPP funds.
Real and Personal Property Acquired with OPP Funds
(a) All real and personal property, including equipment and supplies, acquired with OPP
funds shall be used by the recipient only for the purposes for which CalRecycle
approved their acquisition for so long as such property is needed for such purposes,
regardless of whether the recipient continues to receive OPP funds from CalRecycle for
such purposes. In no event shall the length of time during which such property,
including equipment and supplies, acquired with OPP funds and used for the purpose
for which CalRecycle approved its acquisition, be less than five (5) years after the end
of the performance period, during which time the acquired property, including equipment
and supplies, must remain in the State of California.
(b) Subject to the obligations and conditions set forth in this section, title to all real and
personal property acquired with OPP funds, includi ng all equipment and supplies, shall
vest upon acquisition in the recipient. The recipient may be required to execute all
documents required to provide CalRecycle with a security interest in any real or
personal property, including equipment and supplies, and it shall be a condition of
receiving this payment program that CalRecycle shall be in first priority position with
respect to the security interest on any such property acquired with the OPP funds,
unless pre-approved in writing by the Program Advisor that CalRecycle will accept a
lower priority position with respect to the security interest on the property. Recipient
shall inform any lender(s) from whom it is acquiring additional funding to complete the
property purchase of this payment program condition.
(c) The recipient may not transfer Title to any real or personal property, including
equipment and supplies, acquired with OPP funds to any other entity without the
express authorization of CalRecycle.
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Guidelines: Used Oil Payment Program, OPP12 (FY 2021–22) 25
(d) CalRecycle will not reimburse the recipie nt for the acquisition of equipment that was
previously purchased with CalRecycle OPP funds, unless the acquisition of such
equipment with OPP funds is pre-approved in writing by the Program Advisor. In the
event of a question concerning the eligibility o f equipment for program funding, the
burden will be on the recipient to establish the pedigree of the equipment.
Discretionary Termination
The Director of CalRecycle or his/her designee shall have the right to terminate this
Agreement at his/her sole discretion at any time upon thirty (30) days written notice to
the Recipient. Within forty-five (45) days of receipt of written notice, the recipient is
required to:
1. Submit a final written report to the appropriate Program Advisor describing all
work performed by the recipient and provide an accounting of all funds expended
up to and including the date of termination; and,
2. Reimburse CalRecycle any unspent funds.
Termination for Cause
In the event the recipient fails to comply with the requirements of these Guidelines at
the time and in the manner herein provided, CalRecycle ma y terminate the OPP
Agreement.
Recipients are encouraged to discuss any problems they may have in complying with
these Guidelines with their Program Advisor to determine if CalRecycle can be of
assistance.
Indemnity
Recipient agrees to indemnify, defend , and save harmless the state and CalRecycle,
and their officers, agents, and employees from any and all claims and/or losses
accruing or resulting from the performance of OPP.
Compliance
Recipient shall comply fully with all applicable federal, state, and local laws, ordinances,
regulations, and permits.
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v . 0 03 P a g e | 1
July 27, 2021
ITEM TITLE
On-Call Agreements for Geotechnical, Materials Testing, and Special Inspection Consultant Services:
Approve Agreements with Four Geotechnical Consultants to Provide On-Call Services
Report Number: 21-0066
Location: No specific geographic location
Department: Engineering & Capital Projects
Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California
Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities), Section 15306 Class
6 (Information Collection), Section 15309 Class 9 (Inspections), and Section 15061(b)(3).
Recommended Action
Adopt a resolution approving agreements with the consultant firms of Atlas Technical Consultants, Ninyo &
Moore Geotechnical and Environmental Sciences Consultants, RMA Group Inc., and Wood Environment &
Infrastructure Solutions, Inc., to provide on-call geotechnical, materials testing, and special inspection
consultant services.
SUMMARY
The Department of Engineering and Capital Improvements has historically maintained on -call consultant
agreements for recurring specialty services needed in support of design and construction of the City’s
infrastructure. On January 22, 2021, the Department of Engineering and Capital Improvements publicly
advertised a request for proposals for on-call geotechnical, materials testing, and special inspection
consultant services. On January 21, 2021, the Department of Engineering and Capital Improvements publicly
advertised a request for proposals for on-call geotechnical, materials testing, and special inspection
consultant services. After receipt and evaluation of proposals, including consultant interviews, the City’s
Selection Committee is recommending approval of four (4) on-call agreements for said services.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed project for compliance with the California
Environmental Quality Act (CEQA) and has determined that the project qualifies for a Categorical Exemption
2021/07/27 City Council Post Agenda Page 126 of 391
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pursuant to State CEQA Guidelines Section 15301 Class 1 (Existing Facilities), Section 15306 Class 6
(Information Collection), Section 15309 Class 9 (Inspections), and Section 15061(b)(3) because it can be
seen with certainty that there is no possibility that the activity in question may have a significant effect on
the environment. Thus, no further environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable
DISCUSSION
The City requires geotechnical, materials testing, and special inspection services for projects built with both
public and private funds to ensure that the quality of materials and construction methods used meets the
City’s specifications and design requirements.
The City utilizes the Standard Specifications for Public Works Construction, the Regional Supplement
Amendments, the City of Chula Vista Standard Special Provisions, the San Diego Area Regional Standard
Drawings, the City of Chula Vista Design and Construction Standards, and the State of California Department
of Transportation Standards Specification and Special Provisions.
The design and construction of Public Works infrastructure improvements and buildings require the use of
quality materials and construction methods to assure facility longevity and useful life. The City’s quality
assurance program involves timely inspections by both qualified City personnel and Consultant specialty
inspectors, and the testing of soils and construction materials by Consultant laboratories.
Consultant Selection Process
Ten (10) proposals were postmarked by March 10, 2021, from the following Consultants (listed in
alphabetical order):
Atlas Technical Consultants California Testing
& Inspections (CT&I)
Construction Testing & Engineering (CTE)
Geocon, Inc.
Kleinfelder
Ninyo & Moore Geotechnical and Environmental
Sciences Consultants
NV5 West, Inc.
RMA Group, Inc.
Twining, Inc.
Wood Environment & Infrastructure Solutions,
Inc
A Selection Committee of City Staff interviewed Consultants and evaluated the proposals received. The
evaluation process was based on the process outlined in Section 2.56 of the Chula Vista Municipal Code. The
Selection Committee ranked the Consultants based both on their proposals and interviews using the
following criteria:
Qualifications and experience of professional & technical staff
Experience with municipal agencies/contracts
Expertise & specialization of the firm
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Material testing laboratory facilities and personnel qualifications
Firm’s ability to perform on-site tests & make field determinations/recommendations
Firm’s quality assurance procedures
Fee Schedule for professional, technical, and field staff
Fee Schedule for test procedures
The following are the four (4) firms recommended by the Selection Committee (listed in alphabetical order):
Atlas Technical Consultants California
Ninyo & Moore Geotechnical and Environmental Sciences Consultants
RMA Group, Inc.
Wood Environment & Infrastructure Solutions, Inc.
Approving the proposed Agreements between the City of Chula Vista and the four (4) selected Consultants
will ensure that City staff will obtain timely and cost-effective services to support many types of projects.
Each of the proposed Agreements between the City and the Consultant will be valid through July 13, 2023. It
is anticipated that the type of services required will remain constant, but the frequency and/or amount will
vary from year to year.
Wage Statement
The Consultant and its subcontractors are required by agreement to pay prevailing wage ("Prevailing Wage
Rates") to persons employed by them for work in a covered work classification under this Contract. In
accordance with the provisions of Section 1773 of the Labor Code of the State of CA, the City has ascertained
the general prevailing wage scales applicable to the work to be done. The prevailing wage scales are those
determined by the U.S. Federal Department of Labor Relations (Davis-Bacon) and those determined by the
Director of Industrial Relations, State of California.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and
consequently, the real property holdings of the City Councilmembers do not create a disqualifying real
property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
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.
CURRENT-YEAR FISCAL IMPACT
Approval of the proposed Resolution will result in no net fiscal impact to the General Fund. All costs for
Consultants’ services will be funded from CIP Projects or reimbursed to the City from Developer deposits.
ONGOING FISCAL IMPACT
There is no direct ongoing impact to the General Fund.
2021/07/27 City Council Post Agenda Page 128 of 391
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ATTACHMENTS
1. Exhibit A – Agreement with Atlas Technical Consultants
2. Exhibit B – Agreement with Ninyo & Moore Geotechnical and Environmental Sciences Consultants
3. Exhibit C – Agreement with RMA Group Inc.
4. Exhibit D – Agreement with Wood Environment & Infrastructure Solutions, Inc.
Staff Contact:
William Valle, Director Engineering and Capital Projects
Rosina Constanza, Senior Civil Engineer
David Hicks, Associate Civil Engineer
2021/07/27 City Council Post Agenda Page 129 of 391
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING CONSULTANT SERVICES
AGREEMENTS TO PROVIDE ON-CALL GEOTECHNICAL,
MATERIALS TESTING, AND SPECIAL INSPECTION
SERVICES BETWEEN THE CITY AND (A) ATLAS
TECHNICAL CONSULTANTS, (B) NINYO & MOORE
GEOTECHNICAL AND ENVIRONMENTAL SCIENCES
CONSULTANTS, (C) RMA GROUP INC., AND (D) WOOD
ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC.
WHEREAS, the City requires geotechnical, materials testing, and special inspection
services for projects built with both public and private funds to ensure that the quality of materials
and construction methods used meets the City’s specifications and design requirements; and
WHEREAS, on January 22, 2021, the Department of Engineering and Capital Projects
solicited a request for proposals (RFP) for on-call geotechnical, materials testing, and special
inspection services; and
WHEREAS, the City received ten (10) proposals in response to the RFP; and
WHEREAS, the Selection Committee evaluated the proposing consultants based on both
their interview and proposals; and
WHEREAS, the Selection Committee recommends award of contracts for the following
four (4) consultant firms (listed in alphabetical order): (A) Atlas Technical Consultants California;
(B) Ninyo & Moore Geotechnical and Environmental Sciences Consultants; (C) RMA Group, Inc.;
and (D) Wood Environment & Infrastructure Solutions, Inc.; and
WHEREAS, approving the proposed agreements between the City of Chula Vista and the
four (4) selected consultants will ensure that City staff will obtain timely and cost-effective
services to support many types of projects.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it:
1. Approves the Consultant Services Agreement(s) to Provide On-Call Geotechnical,
Materials Testing, and Special Inspection Services between the City of Chula Vista
and: (A) Atlas Technical Consultants; (B) Ninyo & Moore Geotechnical and
Environmental Sciences Consultants; (C) RMA Group Inc.; and (D) Wood
Environment & Infrastructure Solutions, Inc., in the forms presented, with such
minor modifications as may be required or approved by the City Attorney.
2. Authorizes and directs the Mayor to execute each agreement.
3. Directs a copy of each agreement to be kept on file in the Office of the City Clerk.
2021/07/27 City Council Post Agenda Page 130 of 391
Presented by
William Valle
Director Engineering and
Capital Projects
Approved as to form by
Glen R. Googins
City Attorney
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ൡ City of Chula Vista Agreement No.: 2021-037
Consultant Name: ATLAS TECHNICAL CONSULTANTS Rev. 9/15/20
CITY OF CHULA VISTA
CONSULTANT SERVICES AGREEMENT
WITH ATLAS TECHNICAL CONSULTANTS
TO PROVIDE ON-CALL GEOTECHNICAL, MATERIALS TESTING, AND SPECIAL INSPECTION
SERVICES
This Agreement is entered into effective as of July 27, 2021 (“Effective Date”) by and between the City of Chula
Vista, a chartered municipal corporation (“City”) and ATLAS TECHNICAL CONSULTANTS, a Delaware
Limited Liability Company (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference
to the following facts:
RECITALS
WHEREAS, the City has the need for the on-call Geotechnical, Materials Testing, and Special Inspection
consulting services during Capital Improvmenet Program (“CIP”) projects for both design and construction
phases; and
WHEREAS, in order to procure these services City solicited proposals in accordance with Chula Vista
Municipal Code Section 2.56.110 for “professional services” and received 10 proposals; and
WHEREAS, after the City Selection Committee completed their review of the proposals for all ten firms,
they selected ATLAS TECHNICAL CONSULTANTS as one of the four consultants to provide these services;
and
WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it
can deliver the services required of Consultant to City in accordance with the time frames and the terms and
conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
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ൢ City of Chula Vista Agreement No.: 2021-037
Consultant Name: ATLAS TECHNICAL CONSULTANTS Rev. 9/15/20
OBLIGATORY PROVISIONS
NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other
good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and
Consultant hereby agree as follows:
1. SERVICES
1.1 Required Services. Consultant agrees to perform the services, and deliver to City the “Deliverables” (if
any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time
frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables
described in Exhibit A shall be referred to herein as the “Required Services.”
1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time
to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing
so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding
reduction in the compensation associated with the reduction.
1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and
ordinances governing procurement and purchasing authority, City may request Consultant provide additional
services related to the Required Services (“Additional Services”). If so, City and Consultant agree to meet
and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additional
Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid
consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services”
shall also become “Required Services” for purposes of this Agreement.
1.4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services
hereunder shall be performed in accordance with the highest standard of care exercised by members of the
profession currently practicing under similar conditions and in similar locations.
1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual
approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry
standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry
standards, or the willful misconduct of the Consultant or its subcontractors.
1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for Consultant to
provide additional security for performance of its duties under this Agreement, Consultant shall provide such
additional security prior to commencement of its Required Services in the form and on the terms prescribed
on Exhibit A, or as otherwise prescribed by the City Attorney.
1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with
any and all applicable federal, state and local laws, including the Chula Vista Municipal Code.
1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from
City.
1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information
and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required
Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and
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Consultant Name: ATLAS TECHNICAL CONSULTANTS Rev. 9/15/20
personnel utilized by the Consultant to complete its obligations under this Agreement comply with all
applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any
subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant
shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this
Agreement.
1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s
commencement of the Required Services hereunder, and shall terminate when the Parties have complied with
all their obligations hereunder; provided, however, provisions which expressly survive termination shall
remain in effect.
2. COMPENSATION
2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant
in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment
are set forth in this Section 2.
2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed
each month, within thirty (30) days of the end of the month in which the services were performed, unless
otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date
of the Agreement. All charges must be presented in a line item format with each task separately explained in
reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced
to date, and the remaining amount available under any approved budget. Consultant must obtain prior written
authorization from City for any fees or expenses that exceed the estimated budget.
2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the
Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for
the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions
set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be
subject to a penalty of up to five percent (5%) of the amount invoiced.
2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed
on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the
holdback amount will be issued to Consultant.
2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant
in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless
specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred
by Consultant in the performance of the Required Services.
2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of
any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be
responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors,
omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors.
2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or
reimbursement for any Consultant costs related to the performance of Required Services does not constitute
a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for
payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of
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this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation
already paid, City will notify Consultant in writing and Consultant shall promptly return such amount.
3. INSURANCE
3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of
Required Services under this Agreement, and for twelve months after completion of Required Services, the
policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference
(the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section.
3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the
Required Insurance must be disclosed to and approved by City in advance of the commencement of work.
3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact
business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed
with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines
Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers’ Compensation
Insurance, insurance issued by the State Compensation Fund is also acceptable.
3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its
policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not
under its policies. Any separate coverage for sub-consultants must also comply with the terms of this
Agreement.
3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as
additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified
as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability
additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance
using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed
Operations coverage.
3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary
insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or
self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from
the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide
insurance.
3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required
insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail,
return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put
into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the
City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it
may have or may obtain to subrogation for a claim against City.
3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with
original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that
Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words
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“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” or any similar language must be deleted from all certificates. The
required certificates and endorsements should otherwise be on industry standard forms. The City reserves the
right to require, at any time, complete, certified copies of all required insurance policies, including
endorsements evidencing the coverage required by these specifications.
3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability
and/or Errors & Omissions coverage are required and are provided on a claims-made form, the following
requirements also apply:
a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning
of the work required by this Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5)
years after completion of the work required by this Agreement.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended
reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement.
d. A copy of the claims reporting requirements must be submitted to the City for review.
3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed
to limit the Consultant’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher
limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher
limits maintained.
4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Consultant shall protect, defend, indemnify and hold
harmless City, its elected and appointed officers, agents, employees and volunteers (collectively,
“Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses,
(including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to
property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts,
omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and
contractors, arising out of or in connection with the performance of the Required Services, the results of such
performance, or this Agreement. This indemnity provision does not include any claims, damages, liability,
costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. 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 Indemnified Parties which may be in combination with the active or passive
negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party.
4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the
forgoing, if the services provided under this Agreement are design professional services, as defined by
California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity
obligation under Section 1, above, shall be limited to the extent required by California Civil Code section
2782.8.
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4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s
obligation to defend, at Consultant’s own cost, expense and risk, any and all suits, actions or other legal
proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the
limitations in this Section 4, Consultant shall pay and satisfy any judgment, award or decree that may be
rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs
incurred by any of them.
4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall
not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent
declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way
limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement.
4.5. Enforcement Costs. Consultant agrees to pay any and all costs City incurs in enforcing Consultant’s
obligations under this Section 4.
4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement.
5. FINANCIAL INTERESTS OF CONSULTANT.
5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code
require certain government officials and consultants performing work for government agencies to publicly
disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700).
In order to assure compliance with these requirements, Consultant shall comply with the disclosure
requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference.
5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700,
Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, or
its employees or subcontractors who will be performing the Required Services, in any real property or project
which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained
any company or person, other than a bona fide employee or approved subcontractor working solely for
Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid
or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent
upon or resulting from the award or making of this Agreement. Consultant further warrants and represents
that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or
otherwise, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant’s
subcontractors. Consultant further agrees to notify City in the event any such interest is discovered whether
or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties,
City shall have the right to rescind this Agreement without liability.
6. REMEDIES
6.1 Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the Required
Services under this Agreement, in a proper or timely manner, or if Consultant shall violate any of the other
covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and all other
rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to
terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the
Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior
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to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City
may grant Consultant up to ten (10) additional days after the designated termination date to effectuate such
cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and
all ”Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services.
Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant
may be entitled to compensation for work satisfactorily performed prior to Consultant’s receipt of the Default
notice; provided, however, in no event shall such compensation exceed the amount that would have been
payable under this Agreement for such work, and any such compensation shall be reduced by any costs
incurred or projected to be incurred by City as a result of the Default.
6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement,
or any portion of the Required Services, at any time and for any reason, with or without cause, by giving
specific written notice to Consultant of such termination or suspension at least fifteen (15) days prior to the
effective date thereof. Upon receipt of such notice, Consultant shall immediately cease all work under the
Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product
shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to
receive just and equitable compensation for this Work Product in an amount equal to the amount due and
payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension
notice plus any additional remaining Required Services requested or approved by City in advance that would
maximize City’s value under the Agreement.
6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this
Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of
such termination except as expressly provided in this Section 6.
6.4 Administrative Claims Requirements and Procedures. 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 be amended, the provisions of which, including such policies and procedures used by City
in the implementation of same, are incorporated herein by this reference. 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.
6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the
laws of the State of California. Any action arising under or relating to this Agreement shall be brought only
in San Diego County, State of California.
6.6 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If
Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the
California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first
class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A
to this Agreement, and that such service shall be effective five days after mailing.
7. OWNERSHIP AND USE OF WORK PRODUCT
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other
materials or properties produced in whole or in part under this Agreement in connection with the performance
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of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No
such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United
States or in any other country without the express, prior written consent of City. City shall have unrestricted
authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such
Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of
the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files
containing data generated as Work Product, Consultant shall make available to City, upon reasonable written
request by City, the necessary functional computer software and hardware for purposes of accessing,
compiling, transferring and printing computer files.
8.GENERAL PROVISIONS
8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties.
8.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique
qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement,
nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole
discretion.
8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they
have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder
without any further action or direction from Consultant or any board, principle or officer thereof.
8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an
original, but all of which shall constitute one Agreement after each Party has signed such a counterpart.
8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements
expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject
matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein
by reference. All prior or contemporaneous agreements, understandings, representations, warranties and
statements, oral or written, are superseded.
8.6 Record Retention. During the course of the Agreement and for three (3) years following completion
of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents,
reports, records, contracts, and supporting materials relating to the performance of the Agreement, including
accounting for costs and expenses charged to City, including such records in the possession of sub-
contractors/sub-consultants.
8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such
additional documents and instruments as may be reasonably required in order to carry out the provisions of
this Agreement and the intentions of the Parties.
8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent
contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the
conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related
Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed
employees of City, and none of them shall be entitled to any benefits to which City employees are entitled,
including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or
other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or
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any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely
responsible for the payment of same and shall hold the City harmless with respect to same. Consultant shall
not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees
or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability
whatsoever against City, or bind City in any manner.
8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to
have been properly given or served if personally served or deposited in the United States mail, addressed to
such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified
in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or
otherwise provided in writing.
8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of
the Parties included in this Agreement are intended to authenticate this writing and to have the same force and
effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached
to or logically associated with a record and executed and adopted by a Party with the intent to sign such record,
including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions
Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time.
(End of page. Next page is signature page.)
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SIGNATURE PAGE
CONSULTANT SERVICES AGREEMENT
IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant
agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and
consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date.
ATLAS TECHNICAL CONSULTANTS CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
RON BAUDOUR MARY CASILLAS SALAS
Director of CMT & Field Services MAYOR
ATTEST
BY: ________________________________
Kerry K. Bigelow, MMC
City Clerk
APPROVED AS TO FORM
BY: ________________________________
Glen R. Googins
City Attorney
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Consultant Name: ATLAS TECHNICAL CONSULTANTS Rev. 9/15/20
EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Rosina Constanza, Senior Civil Engineer
276 Fourth Avenue
Building B
Chula Vista, Ca 91910
RConstanza@chulavistaca.gov
For Legal Notice Copy to:
City of Chula Vista
City Attorney
276 Fourth Avenue, Chula Vista, CA 91910
619-691-5037
CityAttorney@chulavistaca.gov
B. Consultant Contract Administration:
ATLAS TECHNICAL CONSULTANTS
6280 Riverdale Street
San Diego, CA 92120
(951) 697-4777
Stephanie.Slonaker@oneatlas.com
For Legal Notice Copy to:
Neal W. Clements III
Regional Counsel - West
Office: (619) 528-4704
Mobile: (619) 218-7005
neal.clements@oneatlas.com
2. Required Services
A. General Description:
Consultant will provide as-needed, on-call geotechnical, materials testing, and special inspection services to
the City’s Engineering and Capital Projects Department for those CIP Projects (each a “Project”; collectively
“Projects”) for which the City selects Consultant to perform such services.
All Required Services provided shall comply with the relevant standards and/or specifications listed: 2012
Standard Specifications for Public Works Construction (Green Book), 2012 Regional Supplement
Amendments, 2019 City of Chula Vista Standard Special Provisions, the San Diego Area Regional Standard
Drawings, City of Chula Vista Design and Construction Standard Drawings 2017, California Department of
Transportation (CALTRANS) Manual of Test, current American Society of Testing and Materials (ASTM),
and Chapter 17 of the current California Building Code. The Green Book lists approximately 45 California
DocuSign Envelope ID: 08C51D32-55AB-4C2E-BFFF-189AD0F193C9
2021/07/27 City Council Post Agenda Page 142 of 391
ൡൢ City of Chula Vista Agreement No.: 2021-037
Consultant Name: ATLAS TECHNICAL CONSULTANTS Rev. 9/15/20
Department of Transportation (CALTRANS) test methods and 101 American Society of Testing and Materials
(ASTM) test methods.
I . Material Testing
The Consultant shall perform the required material testing, soils sampling and inspection in accordance
with test methods and standards established by the American Society for Testing and Materials (ASTM),
the State of California Department of Transportation (Caltrans), Specifications for Public Works
Construction (Green Book), the Regional Supplement Amendments, the City of Chula Vista Standard
Special Provisions, the San Diego Area Regional Standard Drawings, the City of Chula Vista Design and
Construction Standards, the Environmental Protection Agency (EPA) and Chapter 17 of the current
California Building Code as specified by the City Engineer.
II. Geotechnical Engineering
Consultant shall provide Geotechnical Engineering services for City projects during earthwork
construction operations that the City Engineer determines are necessary to meet finished grades shown
on the plans and cross sections.
Consultant shall provide Geotechnical Engineering observation during site preparation for placement of
fill and construction of sub-drainage systems. Consultant shall make recommendations regarding the
removal of unsuitable materials for fills and methods of compaction based upon previous geotechnical
investigations and Consultant’s own observations.
For tests results that failed, Consultant shall provide analysis of the failure and a recommendation of
possible solutions in a signed &stamped report to the City. On tests that passed, Consultant shall state
so in the signed and stamped report provided to the City. Said reports shall include the appropriate
specifications next to the test results.
III. Building Special Inspection
Consultant shall perform the required building special inspection services as directed by the City
in accordance with test methods and standards established by the American Society for Testing and
Materials (ASTM), the State of California Department of Transportation (Caltrans), Specifications for
Public Works Construction (Green Book), the Regional Supplement Amendments, the City of Chula
Vista Standard Special Provisions, the San Diego Area Regional Standard Drawings, the City of Chula
Vista Design and Construction Standards, the Environmental Protection Agency (EPA) and Chapter 17
of the current California Building Code as specified by the City Engineer.
B. Detailed Description:
Typical services that the City may require during the design phase of CIP projects may involve sampling
of existing pavement, base, and subgrade materials, as well as borings for deep trenches, excavations (cuts)
and embankment (fill) conditions. Appropriate testing of these materials would include analyses to determine
their engineering properties and their suitability for use as construction materials for public works construction.
DocuSign Envelope ID: 08C51D32-55AB-4C2E-BFFF-189AD0F193C9
2021/07/27 City Council Post Agenda Page 143 of 391
ൡൣ City of Chula Vista Agreement No.: 2021-037
Consultant Name: ATLAS TECHNICAL CONSULTANTS Rev. 9/15/20
During the construction phase of CIP projects, the City may require geotechnical engineering services for
the observation of earthwork operations and directing the removal and compaction of alluvial soils and the
removal/replacement of unsuitable materials. In addition, sampling and testing of soils and construction
materials in accordance with Green Book specifications will be performed as directed by City Engineering
staff. Sampling and testing may also be performed at the material’s source of manufacturing or production.
The Consultant shall provide:
A. Materials testing laboratory facilities staffed with personnel qualified to perform sampling and
testing of portland cement concrete, soils, treated soils, crushed aggregate base, and bituminous materials,
as required. Pictures of Proposer’s laboratory facilities are expected to be provided with proposal.
The materials testing laboratory must have a documented Quality Assurance Program (“QAP”) in
conformance with City of Chula Vista Quality Assurance Program 2019. The Consultant must provide a
copy of the QAP on a yearly basis.
B. Geotechnical/soil engineering services shall be provided for City-funded projects during
earthwork construction operations. This may require the Consultant to provide geotechnical/soils
engineering observations during site preparation for placement of fill and construction of sub-drainage
systems. The Consultant may be required to make recommendations regarding the removal of unsuitable
materials for fills and methods of compaction based upon previous soils/ geotechnical investigations and
upon the Consultant’s own observations. The number and scope of such projects will vary from year-to-
year.
The City, in many cases, will provide the Consultant with geotechnical/soils reports that have been
prepared by other firms.
C. Personnel that are experienced in the testing of materials used in the construction of public works
facilities and familiar with the San Diego Area Regional Standard Drawings, the Green Book, California
Building Code and the City of Chula Vista codes, procedures, and regulations are required to satisfy the
requirements of the Consultant contract. The City shall have the right to make a determination as to the
qualifications of individual personnel and shall have the right to require substitution of non-qualified
individuals with qualified personnel. Personnel assigned to the City of Chula Vista projects shall obtain
approval from the City on an annual basis.
The Consultant’s QAP must include procedures and policies in which personnel are certified to perform
the materials testing and sampling requested by the City.
Consultant shall name the laboratory proposed to conduct testing and analysis in their task order proposals,
and provide City with the laboratory sampling and analysis results within three days of the completion of
laboratory testing.
D. Geotechnical, Materials Testing and Special Inspection Consulting Services in response to the
City’s request at the time and locations as determined by the City Engineer. Selected Proposers must be
capable of providing the requested services within one working day after receiving a request from the
City.
DocuSign Envelope ID: 08C51D32-55AB-4C2E-BFFF-189AD0F193C9
2021/07/27 City Council Post Agenda Page 144 of 391
ൡ City of Chula Vista Agreement No.: 2021-037
Consultant Name: ATLAS TECHNICAL CONSULTANTS Rev. 9/15/20
E.A documented internal laboratory QAP for all required laboratory analyses and procedures. All
reference standards and equipment calibrations shall be traceable to the National Institute of Standards
and Technology.
F.Detailed report of samples collected for the Project. Reports should contain specific information
(i.e., laboratory address & name, date of receipt of sample, specific identifier (e.g. log #) for each sample,
test times, results, and method of disposal).
G.Certified copies of calibration and maintenance records on an annual basis or upon City’s request
for all instruments and devices to be utilized in field and laboratory analyses in accordance with the
Consultant’s QAP.
H.Provide the City of Chula Vista with all original data, reports, records, etc. of field and laboratory
analyses. Further, the Consultant shall maintain copies of all records related to field and laboratory testing
performed under the contract for a minimum of five years from the date of the sample, measurement,
report, etc. This period may be extended during the course of any unresolved litigation or when requested
by the City of Chula Vista.
I.Billing forms and procedures used shall be acceptable to the City and shall include all test reports
billed during that period.
J.Consultant shall provide City with written reports on test results within 3 working days after
completion of test results. Tests are to be e-mailed to City staff who have requested the services as final
test results are available.
K.Work not listed in schedule - If an occasion arise whereby the City requests work to be done which
is not listed in this schedule, the price of providing this work shall be negotiated in good faith between the
City and Consultant prior to Consultant begin work. The negotiated price(s) shall not exceed the Schedule
of charges labeled as Attachment “A”; Personnel Hourly Rates Fee Schedule (Prevailing Wage Rates) and
Attachment “B”; Materials Testing Services Fee Schedule (Prevailing Wage) attached to this agreement
between the City and Consultant.
3.Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin July 27,
2021 and end on June 30, 2023 for completion of all Required Services. T he period of performance for each
specific Project shall be in accordance with the task order for that Project. If work on a Project task order is
in progress on the expiration date of the term of this Agreement, the terms of the Agreement and Project task
order shall be extended by contract amendment.
4. Compensation:
If selected to perform services for a Project, Consultant shall provide separate bill for each Project identified.
Every bill will list all work performed on the Project. The bill shall show total amount billed to date for Project,
payment received, and amount due. All work elements shall be itemized, i.e. tests performed, personnel
charges/hours, equipment costs, etc. All re-testing shall be identified and explained on the bill.
Consultant shall only be paid for work done on a Project at the written request of the City. If additional work is
requested by others, Consultant shall obtain written authorization from the City prior to commencing any such
services. In addition, the Consultant shall include on each respective bill the following documentation in support
DocuSign Envelope ID: 08C51D32-55AB-4C2E-BFFF-189AD0F193C9
2021/07/27 City Council Post Agenda Page 145 of 391
ൡ City of Chula Vista Agreement No.: 2021-037
Consultant Name: ATLAS TECHNICAL CONSULTANTS Rev. 9/15/20
of the request for work: 1) party requesting the work, 2) party approving the work, 3) date of work, 4)
persons/entity performing the work, 5) time in and out, and 6) total of exact hours worked.
Compensation for the Required Services shall be paid for on personnel hourly rates as listed in Attachment “A”;
Personnel Hourly Rates Fee Schedule (Prevailing Wage Rates) and unit price per test basis, which shall include
all costs such as testing, reports, reports review, storing of specimens and test cylinders, as listed in Attachment
“B”; Materials Testing Services Fee Schedule (Prevailing Wage) for each City Project.
The Consultant shall forfeit and will not receive payment for the Required Services performed and billed to City
more than sixty (60) calendar days after performance of the Required Services.
A. Form of Compensation
☒Time and Materials. For performance of the Required Services by Consultant as identified in Section 2, above,
City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the Required
Services, at the rates or amounts as indicated below:
As provided on Attachments A & B
Consultant acknowledges and agrees that equipment hourly rates shall only be compensable for productive hours
at the location of work. Consultant acknowledges and agrees that travel time for equipment shall not be
compensable.
B. Reimbursement of Costs
☒Invoiced or agreed-upon amounts as follows:
As provided on Attachments A and B hereto.
Consultant acknowledges and agrees that lodging and per-diem are not reimbursable expenses for work performed
within the San Diego region. Consultant acknowledges and agrees that out of region travel time, expenses,
lodging, and per-diem will not be reimbursed unless expressly authorizing and agreed to by City in writing on a
per Project basis.
Consultant acknowledges and agrees that when reprographics and courier services are requested by the City,
expenses will be reimbursed at cost when performed by a third-party business entity and only when accompanied
by a copy of original invoice.
Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through
June 30, 2023 shall not exceed $400,000.
5. Special Provisions:
☒Permitted Sub-Consultants: “None”
☐Security for Performance:
☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement
for two (2) additional terms, defined as a one-year increment . The City Manager or Director of Finance/Treasurer
DocuSign Envelope ID: 08C51D32-55AB-4C2E-BFFF-189AD0F193C9
2021/07/27 City Council Post Agenda Page 146 of 391
ൡ൦ City of Chula Vista Agreement No.: 2021-037
Consultant Name: ATLAS TECHNICAL CONSULTANTS Rev. 9/15/20
shall be authorized to exercise the extensions on behalf of the City. If the City exercises an option to extend, each
extension shall be on the same terms and conditions contained herein. If the City exercises an option to extend,
the maximum amount to be paid to the Consultant for services performed during each option term shall not exceed
$200,000. The City shall give written notice to Consultant of the City’s election to exercise the extension via the
Notice of Exercise of Option to Extend document.
DocuSign Envelope ID: 08C51D32-55AB-4C2E-BFFF-189AD0F193C9
2021/07/27 City Council Post Agenda Page 147 of 391
ൡ൧ City of Chula Vista Agreement No.: 2021-037
Consultant Name: ATLAS TECHNICAL CONSULTANTS Rev. 9/15/20
EXHIBIT B
INSURANCE REQUIREMENTS
Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the
following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x).
Type of Insurance Minimum Amount Form
☒ General Liability:
Including products and
completed operations,
personal and
advertising injury
$2,000,000 per occurrence for
bodily injury, personal injury
(including death), and property
damage. If Commercial General
Liability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence limit
Additional Insured Endorsement
or Blanket AI Endorsement for
City*
Waiver of Recovery Endorsement
Insurance Services Office Form
CG 00 01
*Must be primary and must not
exclude Products/Completed
Operations
☒ Automobile Liability $1,000,000 per accident for bodily
injury, including death, and
property damage
Insurance Services Office Form
CA 00 01
Code 1-Any Auto
Code 8-Hired
Code 9-Non Owned
☒ Workers’
Compensation
Employer’s Liability
$1,000,000 each accident
$1,000,000 disease policy limit
$1,000,000 disease each employee
Waiver of Recovery Endorsement
☒ Professional Liability
(Errors & Omissions)
$1,000,000 each occurrence
$2,000,000 aggregate
Other Negotiated Insurance Terms: “NONE”
DocuSign Envelope ID: 08C51D32-55AB-4C2E-BFFF-189AD0F193C9
2021/07/27 City Council Post Agenda Page 148 of 391
ൡ൨ City of Chula Vista Agreement No.: 2021-037
Consultant Name: ATLAS TECHNICAL CONSULTANTS Rev. 9/15/20
EXHIBIT C
CONSULTANT CONFLICT OF INTEREST DESIGNATION
The Political Reform Act1 and the Chula Vista Conflict of Interest Code 2 (“Code”) require designated state and
local government officials, including some consultants, to make certain public disclosures using a Statement of
Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of
the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics
training requirements.3
☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED 4 from disclosure.
☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES
(Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code .)
Name Email Address Applicable Designation
Enter Name of Each Individual
Who Will Be Providing Service
Under the Contract – If
individuals have different
disclosure requirements,
duplicate this row and
complete separately for each
individual
Enter email address(es) ☐ A. Full Disclosure
☐ B. Limited Disclosure (select one or more of
the categories under which the consultant shall file):
☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7.
Justification:
☐ C. Excluded from Disclosure
1. Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition
of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700.
2. Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online
filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required
annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement.
3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the
Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the
Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately
responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing
requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or
(866) 275-3772 *2.
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written
determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code.
Completed by: David Hicks, Associate Civil Engineer
1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704.
2 Chula Vista Municipal Code §§2.02.010-2.02.040.
3 Cal. Gov. Code §§53234, et seq.
4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg.
18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not include
corporation or limited liability company).
DocuSign Envelope ID: 08C51D32-55AB-4C2E-BFFF-189AD0F193C9
2021/07/27 City Council Post Agenda Page 149 of 391
City of Chula Vista Request for Proposals On-Call Geotechnical, Materials Testing,
& Special Inspection Services
ATTACHMENT “A”
PERSONNEL HOURLY RATES FEE SCHEDULE
(PREVAILING WAGE RATES)
ENGINEERS, GEOLOGISTS AND SCIENTISTS PERSONNEL Hourly Rate
Principal Engineer/Geologist/Environmental Scientist
Senior Engineer/Geologist/Environmental Scientist
Project Engineer/Geologist/Environmental Scientist
Senior Staff Engineer/Geologist/Environmental Scientist
Staff Engineer/Geologist/Environmental Scientist
List any Others
TECHNICAL AND SUPPORT PERSONNEL Hourly Rate
Special Registered Inspector
Certified Welding Inspector/UT Inspector
Soils Technician
Materials Technician
Coring Technician - Concrete, Asphalt (Inc. Core Equipment and Truck)
Word Processor
Draftsperson/CADD
List any Others
OTHER CHARGES/Miscellanious Hourly Rate
Overtime & Saturday Rate
Travel
Equipment & Materials
List any Others
$150.00
$120.00
$115.00
$120.00
$100.00
$98.00
$98.00
$98.00
$98.00
$110.00
$55.00
No Charge
$50.00
$70.00
$147.00
41CITY OF CHULA VISTA: RFQ/P - ON-CALL GEOTECHNICAL,
MATERIALS TESTING & SPECIAL INSPECTION SERVICES
DocuSign Envelope ID: 08C51D32-55AB-4C2E-BFFF-189AD0F193C9
2021/07/27 City Council Post Agenda Page 150 of 391
43CITY OF CHULA VISTA: RFQ/P - ON-CALL GEOTECHNICAL,
MATERIALS TESTING & SPECIAL INSPECTION SERVICES
City of Chula Vista Request for Proposals On-Call Geotechnical, Materials Testing,
& Special Inspection Services
ATTACHMENT “B”
MATERIALS TESTING SERVICES FEE SCHEDULE
PREVAILING WAGE
PRIMARY TEST/NAME Test ID Fee per
Each Test
Tests
Performed in
the Proposer’s
Laboratory
Tests
Performed
by outside
Laboratory
CONCRETE MATERIAL TESTING
Compression Test, 6x12cylinder ASTM C39
Compression Test, Core *(excluding
sample preparation)
ASTM C42
Compression Test, Shotcrete panel
core (3 cores per panel). Per panel
ASTM C42
Concrete Mix Design or Mix Review
(excluding aggregate tests)
Saw cutting of Sample
MASONRY MATERIAL TESTING
Compression Test, Block (8x8x16 or
smaller), per 3 unit set
ASTM C67
Compression Test, Mortar, 2x4
cylinder (UBC)
ASTM C140
Compression Test, Grout (UBC) UBC 21-16
Compression Test, Core
Compression Test, Shear
Masonry Prism, Full Size (8x16x16),
each
ASTM C1314
Masonry Prism, Half Size (8x16x8),
each
ASTM C1314
Conformance Package (including all
testing and report, 6 units)
ASTM C90
AGGREGATE MATERIAL TESTING
Sieve Analysis, Coarse Aggregate ASTM C136
Sieve Analysis, Fine Aggregate ASTM C136
Specific Gravity, Coarse Aggregate, ASTM C127
Specific Gravity, Fine Aggregate , ASTM C128
pH & Resistivity, each
ASPHALT CONCRETE MATERIAL TESTING
Stability Test - Marshall, ave of 3, unit
weight & flow
ASTM D1559
Asphalt Concrete Mix Design or Mix
Review
$30.00
$75.00
$100.00
$90.00
$40.00
$21.00
$21.00
$100.00
$100.00
$95.00
$95.00
$100.00
$100.00
$85.00
$85.00
$133.00
$90.00
$350.00
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DocuSign Envelope ID: 08C51D32-55AB-4C2E-BFFF-189AD0F193C9
2021/07/27 City Council Post Agenda Page 151 of 391
44CITY OF CHULA VISTA: RFQ/P - ON-CALL GEOTECHNICAL,
MATERIALS TESTING & SPECIAL INSPECTION SERVICES
City of Chula Vista Request for Proposals On-Call Geotechnical, Materials Testing,
& Special Inspection Services
PRIMARY TEST/NAME Test ID Fee per
Each Test
Tests
Performed in
the Proposer’s
Laboratory
Tests
Performed
by outside
Laboratory
Unit Weight Requiring Compaction,
(Marshall)
ASTM D1559,
T245
FULL DEPTH RECLAMATION SUBGRADES TESTING
Wetting & Drying compacted soil
cement mixtures (559)
ASTM D559-03
Freezing and Thawing compacted soil
cement mixtures (560)
ASTM D560-03
Moisture Density test for Soil Cement ASTM D558
Standard Test Method for Resistance
R-Value and Expansion Pressure of
Compacted Soils
ASTM D2844-
94
Standard Test Method for Unconfined
Compressive Strength of Compacted
Soil
ASTM D5102-
96
Observing Micro-Cracking operations
and performing stiffness testing of the
CTS materials using a Geogauge.
GEOTECHNICAL MATERIAL TESTING
Shear Tests (single point) ASTM D3080
Consolidation Tests ASTM D2435,
CT219
Moisture-Density ASTM D2216
C.B.R. Tests (Includes Compaction
Test)
ASTM D1883
Lime Treated CBR ASTM D1883
R-Value (Lime Treated)ASTM D2844,
CA TEST 301
Mechanical Analyses - Sieve Test ASTM C136
Mechanical Analyses - Hydrometer
Test
ASTM D421/
ASTM D422
Sand Equivalent ASTM D2419
Plasticity Index ASTM D4318
Expansion Index ASTM D4829
Specific Gravity ASTM D854
Unconfined Compression
Triaxial Tests - Std. Test, undrained,
unconsolidated
Triaxial Tests - Effective Stress Test
Remolded Samples (Preparation)
$ 150.00 Yes
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Yes
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Yes
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$276.00
$260.00
$200.00
$35.00
$24.00
$200.00
$88.00
$75.00
$177.00
$276.00
$418.00
$162.00
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DocuSign Envelope ID: 08C51D32-55AB-4C2E-BFFF-189AD0F193C9
2021/07/27 City Council Post Agenda Page 152 of 391
45CITY OF CHULA VISTA: RFQ/P - ON-CALL GEOTECHNICAL,
MATERIALS TESTING & SPECIAL INSPECTION SERVICES
City of Chula Vista Request for Proposals On-Call Geotechnical, Materials Testing,
& Special Inspection Services
PRIMARY TEST/NAME Test ID Fee per
Each Test
Tests
Performed in
the Proposer’s
Laboratory
Tests
Performed
by outside
Laboratory
Corosivity Tests (Sulfate, Chloride,
pH, min. resistivity)
LABORATORY METAL SERVICES - MECHANICAL TESTING
Mechanical Coupler Testing (Tensile,
Yield, Slippage & Sample
Preparation), each
Tensile Testing up to No. 11 Bar
(ultimate strength only), each
Tensile Testing No. 14 Bar (ultimate
strength only), each
Tensile Testing No. 18 Bar (ultimate
strength only), each
Tensile Testing (ultimate strength
only), Flat Bar Reduced Section, each
Tensile Testing (ultimate strength
only), Round Bar Reduced Section
0.505” Diameter, each
Tensile Testing (ultimate strength
only), Round Bar Reduced Section,
sub-size, each
Tensile Testing (ultimate strength
only), Yield Strength Testing (by
extensometer), each
Tensile, Full Section Tube, each
Bend Test, each
Fillet Weld Break Test, each
Charpy Impact: Ambient
Temperature, per set of 3
Charpy Impact: Ambient – 40F, per
set of 3
Charpy Impact: - 41F to –100F
Charpy Individual Specimens for
Transition Curve
Additional Charge for Reporting
Percent Shear, per set
Additional Charge for Reporting Mils
Lateral Expansion, per set
Rockwell Hardness, per set of 3
Sample Preparation (as required)
Bearing Pad Tests
$100.00
$100.00
$170.00
$300.00
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
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Yes
Yes
Yes
Yes
Yes
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Yes
Yes
Yes
$187.00
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DocuSign Envelope ID: 08C51D32-55AB-4C2E-BFFF-189AD0F193C9
2021/07/27 City Council Post Agenda Page 153 of 391
46CITY OF CHULA VISTA: RFQ/P - ON-CALL GEOTECHNICAL,
MATERIALS TESTING & SPECIAL INSPECTION SERVICES
City of Chula Vista Request for Proposals On-Call Geotechnical, Materials Testing,
& Special Inspection Services
PRIMARY TEST/NAME Test ID Fee per
Each Test
Tests
Performed in
the Proposer’s
Laboratory
Tests
Performed
by outside
Laboratory
Special Tests
LABORATORY METAL SERVICES - MACHINING
Charpy Impact Specimens, Carbon
Steel, per set of 3
Charpy Impact Specimens, Carbon
Steel, Sub-Size, per set of 3
Charpy Impact Specimens, Other
Materials, per set of 3
Charpy Impact Specimens, Other
Materials, Sub-Size, per set of 3
Carbon Steel, Flat Bar Reduced
Section, each
Carbon Steel, Round Bar 0.505”
Diameter, each
Carbon Steel, Round Bar Sub-Size,
each
Other Materials, Flat Bar Reduced
Section, each
Other Materials, Round Bar 0.505”
Diameter, each
Other Materials, Round Bar Sub-Size,
each
Macro Specimens, Carbon Steel, each
Macro Specimens, Other Materials,
each
General Machining Charge, per hour
LABORATORY METAL SERVICES - HIGH STRENGTH BOLT TESTING
Hardness (Bolt, Washer, Nut), each A-370
Bolt Assembly Standard Wedge, each
Bolt Proof testing, each
ASTM Testing METHODS
Fine Sieve Analysis with 200 Wash ASTM C117
Sieve Analysis of Fine and Coarse
Aggregate
ASTM C136
Compressive Strength – Concrete
Cylinder (Set of Three)
ASTM C39
Compaction Characteristics of Soil
Using the Modified Proctor Method
ASTM D1557
Maximum specific Gravity and ASTM D2041
$110.00
$100.00
$63.00
$160.00
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$70.00
$125.00
$74.00
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Quote
Quote
Quote
Quote
Quote
Quote
DocuSign Envelope ID: 08C51D32-55AB-4C2E-BFFF-189AD0F193C9
2021/07/27 City Council Post Agenda Page 154 of 391
47CITY OF CHULA VISTA: RFQ/P - ON-CALL GEOTECHNICAL,
MATERIALS TESTING & SPECIAL INSPECTION SERVICES
City of Chula Vista Request for Proposals On-Call Geotechnical, Materials Testing,
& Special Inspection Services
PRIMARY TEST/NAME Test ID Fee per
Each Test
Tests
Performed in
the Proposer’s
Laboratory
Tests
Performed
by outside
Laboratory
Density of Bituminous Paving
Mixtures
Extraction of Bitumen from
Bituminous Paving Mixtures
ASTM D2172
Sand Equivalent Value of Soils and
Fine Aggregates
ASTM D2419
Specific Gravity and Density of
Compacted Bituminous Paving
Mixtures
ASTM D2726
Consistency Test and Wet Track
Abrasion Test
ASTM D3910
Abrasion and Impact in the L.A.
Machine
ASTM C131
Potential Reactivity of Aggregate ASTM C289
Organic Impurities in Fine Concrete
Aggregates
ASTM C40
Testing Drilled Concrete Cores
(Compression Test Only, Set of 3)
ASTM C42
Flexural Strength of Concrete ASTM C78
Soundness of Aggregates by Use of
Sulfates
ASTM C88
Particle-Size Analysis of Soils ASTM D422
Caltrans Testing Methods
Sieve Analysis of Fine and Coarse
Aggregates
CA TEST 202
Relative Compaction of Untreated and
Treated Soils and Aggregates
CA TEST 216
Sand Equivalent CA TEST 217
Moisture Content in Soils by Oven
Drying
CA TEST 226
“R” Value of Soils by Stabilometer CA TEST 301
Preparation of Bituminous Mixtures
for Testing (Built into Hourly Rate)
CA TEST 304
Moisture Vapor Susceptibility of
Bituminous Mixtures
CA TEST 307
Specific Gravity and Weight of
Compressed Bituminous Mixtures
CA TEST 308
Design and Testing of Class “A”
Cement Treated Base (Complete CTB
Design, including laboratory
conformance testing of aggregates)
CA TEST 312
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes$100.00
$300.00
Quote
Quote
$276.00
$35.00
$88.00
$206.00
$110.00
Quote
$200.00
$375.00
$74.00
$59.00
$90.00
$220.00
$224.00
$185.00
$68.00
$88.00
Quote
Quote
DocuSign Envelope ID: 08C51D32-55AB-4C2E-BFFF-189AD0F193C9
2021/07/27 City Council Post Agenda Page 155 of 391
48CITY OF CHULA VISTA: RFQ/P - ON-CALL GEOTECHNICAL,
MATERIALS TESTING & SPECIAL INSPECTION SERVICES
City of Chula Vista Request for Proposals On-Call Geotechnical, Materials Testing,
& Special Inspection Services
PRIMARY TEST/NAME Test ID Fee per
Each Test
Tests
Performed in
the Proposer’s
Laboratory
Tests
Performed
by outside
Laboratory
Stabilometer Value of Bituminous
Mixtures
CA TEST 366
Recommending Optimum Bitument
Content (OBC)
CA TEST 367
In-Place Density and Relative
Compaction of Asphalt Concrete
Pavement (Built into Hourly Rate)
CA TEST 375
Asphalt Content of Bituminous
Mixtures
CA TEST 379
Compressive Strength of Molded
Concrete Cylinders
CA TEST 521
Mixing, Storing, and Handling
Concrete Compressive Strength
Specimens in the Field (Built into
Hourly Rate)
CA TEST 540
Percentage of Crushed Particles CA TEST 205
Abrasion of Coarse (500 Revolutions)
Aggregate – L.A. Rattler (1,000
Revolutions)
CA TEST 211
Organic Impurities in Concrete Sand CA TEST 213
Soundness of Aggregates by Use of
Sodium Sulfate
CA TEST 214
Evaluating Cleanness of Coarse
Aggregates
CA TEST 227
Test for Durability Index CA TEST 229
Determination of Moisture in Soils,
Minerals Aggregates, and Bituminous
Mixtures by Xylene Reflux
Distillation
CA TEST 311
Others
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
YesQuote
$224.00
$200.00
$375.00
$90.00
$224.00
$150.00
Quote
$27.00
$350.00
$3,100.00
Quote
Quote
DocuSign Envelope ID: 08C51D32-55AB-4C2E-BFFF-189AD0F193C9
2021/07/27 City Council Post Agenda Page 156 of 391
ൡ City of Chula Vista Agreement No.: 2021-038
Consultant Name: Ninyo & Moore Geotechnical and Environmental Sciences Consultants
Rev. 9/15/20
CITY OF CHULA VISTA
CONSULTANT SERVICES AGREEMENT
WITH NINYO & MOORE GEOTECHNICAL AND ENVIRONMENTAL SCIENCES CONSULTANTS
TO PROVIDE ON-CALL GEOTECHNICAL, MATERIALS TESTING, AND SPECIAL INSPECTION
SERVICES
This Agreement is entered into effective as of July 27, 2021 (“Effective Date”) by and between the City of Chula
Vista, a chartered municipal corporation (“City”) and Ninyo & Moore Geotechnical and Environmental Sciences
Consultants, a California Corporation (“Consultant”) (collectively, the “Parties” and, individually, a “Party”)
with reference to the following facts:
RECITALS
WHEREAS, the City has the need for the on-call Geotechnical, Materials Testing, and Special Inspection
consulting services during Capital Improvmenet Program (“CIP”) projects for both design and construction
phases; and
WHEREAS, in order to procure these services City solicited proposals in accordance with Chula Vista
Municipal Code Section 2.56.110 for “professional services” and received 10 proposals; and
WHEREAS, after the City Selection Committee completed their review of the proposals for all ten firms,
they selected Ninyo & Moore Geotechnical and Environmental Sciences Consultants as one of the four
consultants to provide these services; and
WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it
can deliver the services required of Consultant to City in accordance with the time frames and the terms and
conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
DocuSign Envelope ID: 7A15C948-A8CC-44E1-AD5E-F94E135BA74C
2021/07/27 City Council Post Agenda Page 157 of 391
ൢ City of Chula Vista Agreement No.: 2021-038
Consultant Name: Ninyo & Moore Geotechnical and Environmental Sciences Consultants
Rev. 9/15/20
OBLIGATORY PROVISIONS
NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other
good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and
Consultant hereby agree as follows:
1.SERVICES
1.1 Required Services. Consultant agrees to perform the services, and deliver to City the “Deliverables” (if
any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time
frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables
described in Exhibit A shall be referred to herein as the “Required Services.”
1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time
to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing
so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding
reduction in the compensation associated with the reduction.
1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and
ordinances governing procurement and purchasing authority, City may request Consultant provide additional
services related to the Required Services (“Additional Services”). If so, City and Consultant agree to meet
and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additional
Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid
consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services”
shall also become “Required Services” for purposes of this Agreement.
1.4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services
hereunder shall be performed in accordance with the highest standard of care exercised by members of the
profession currently practicing under similar conditions and in similar locations.
1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual
approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry
standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry
standards, or the willful misconduct of the Consultant or its subcontractors.
1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for Consultant to
provide additional security for performance of its duties under this Agreement, Consultant shall provide such
additional security prior to commencement of its Required Services in the form and on the terms prescribed
on Exhibit A, or as otherwise prescribed by the City Attorney.
1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with
any and all applicable federal, state and local laws, including the Chula Vista Municipal Code.
1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from
City.
1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information
and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required
DocuSign Envelope ID: 7A15C948-A8CC-44E1-AD5E-F94E135BA74C
2021/07/27 City Council Post Agenda Page 158 of 391
ൣ City of Chula Vista Agreement No.: 2021-038
Consultant Name: Ninyo & Moore Geotechnical and Environmental Sciences Consultants
Rev. 9/15/20
Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and
personnel utilized by the Consultant to complete its obligations under this Agreement comply with all
applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any
subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant
shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this
Agreement.
1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s
commencement of the Required Services hereunder, and shall terminate when the Parties have complied with
all their obligations hereunder; provided, however, provisions which expressly survive termination shall
remain in effect.
2. COMPENSATION
2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant
in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment
are set forth in this Section 2.
2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed
each month, within thirty (30) days of the end of the month in which the services were performed, unless
otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date
of the Agreement. All charges must be presented in a line item format with each task separately explained in
reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced
to date, and the remaining amount available under any approved budget. Consultant must obtain prior written
authorization from City for any fees or expenses that exceed the estimated budget.
2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the
Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for
the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions
set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be
subject to a penalty of up to five percent (5%) of the amount invoiced.
2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed
on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the
holdback amount will be issued to Consultant.
2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant
in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless
specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred
by Consultant in the performance of the Required Services.
2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of
any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be
responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors,
omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors.
2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or
reimbursement for any Consultant costs related to the performance of Required Services does not constitute
DocuSign Envelope ID: 7A15C948-A8CC-44E1-AD5E-F94E135BA74C
2021/07/27 City Council Post Agenda Page 159 of 391
City of Chula Vista Agreement No.: 2021-038
Consultant Name: Ninyo & Moore Geotechnical and Environmental Sciences Consultants
Rev. 9/15/20
a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for
payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of
this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation
already paid, City will notify Consultant in writing and Consultant shall promptly return such amount.
3.INSURANCE
3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of
Required Services under this Agreement, and for twelve months after completion of Required Services, the
policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference
(the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section.
3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the
Required Insurance must be disclosed to and approved by City in advance of the commencement of work.
3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact
business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed
with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines
Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers’ Compensation
Insurance, insurance issued by the State Compensation Fund is also acceptable.
3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its
policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not
under its policies. Any separate coverage for sub-consultants must also comply with the terms of this
Agreement.
3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as
additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified
as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability
additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance
using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed
Operations coverage.
3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary
insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or
self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from
the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide
insurance.
3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required
insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail,
return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put
into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the
City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it
may have or may obtain to subrogation for a claim against City.
DocuSign Envelope ID: 7A15C948-A8CC-44E1-AD5E-F94E135BA74C
2021/07/27 City Council Post Agenda Page 160 of 391
City of Chula Vista Agreement No.: 2021-038
Consultant Name: Ninyo & Moore Geotechnical and Environmental Sciences Consultants
Rev. 9/15/20
3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with
original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that
Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. 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” or any similar language must be deleted from all certificates. The
required certificates and endorsements should otherwise be on industry standard forms. The City reserves the
right to require, at any time, complete, certified copies of all required insurance policies, including
endorsements evidencing the coverage required by these specifications.
3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability
and/or Errors & Omissions coverage are required and are provided on a claims-made form, the following
requirements also apply:
a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning
of the work required by this Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5)
years after completion of the work required by this Agreement.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended
reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement.
d. A copy of the claims reporting requirements must be submitted to the City for review.
3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed
to limit the Consultant’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher
limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher
limits maintained.
4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Consultant shall protect, defend, indemnify and hold
harmless City, its elected and appointed officers, agents, employees and volunteers (collectively,
“Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses,
(including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to
property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts,
omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and
contractors, arising out of or in connection with the performance of the Required Services, the results of such
performance, or this Agreement. This indemnity provision does not include any claims, damages, liability,
costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. 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 Indemnified Parties which may be in combination with the active or passive
negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party.
DocuSign Envelope ID: 7A15C948-A8CC-44E1-AD5E-F94E135BA74C
2021/07/27 City Council Post Agenda Page 161 of 391
൦ City of Chula Vista Agreement No.: 2021-038
Consultant Name: Ninyo & Moore Geotechnical and Environmental Sciences Consultants
Rev. 9/15/20
4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the
forgoing, if the services provided under this Agreement are design professional services, as defined by
California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity
obligation under Section 1, above, shall be limited to the extent required by California Civil Code section
2782.8.
4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s
obligation to defend, at Consultant’s own cost, expense and risk, any and all suits, actions or other legal
proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the
limitations in this Section 4, Consultant shall pay and satisfy any judgment, award or decree that may be
rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs
incurred by any of them.
4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall
not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent
declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way
limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement.
4.5. Enforcement Costs. Consultant agrees to pay any and all costs City incurs in enforcing Consultant’s
obligations under this Section 4.
4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement.
5. FINANCIAL INTERESTS OF CONSULTANT.
5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code
require certain government officials and consultants performing work for government agencies to publicly
disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700).
In order to assure compliance with these requirements, Consultant shall comply with the disclosure
requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference.
5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700,
Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, or
its employees or subcontractors who will be performing the Required Services, in any real property or project
which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained
any company or person, other than a bona fide employee or approved subcontractor working solely for
Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid
or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent
upon or resulting from the award or making of this Agreement. Consultant further warrants and represents
that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or
otherwise, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant’s
subcontractors. Consultant further agrees to notify City in the event any such interest is discovered whether
or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties,
City shall have the right to rescind this Agreement without liability.
6. REMEDIES
DocuSign Envelope ID: 7A15C948-A8CC-44E1-AD5E-F94E135BA74C
2021/07/27 City Council Post Agenda Page 162 of 391
൧ City of Chula Vista Agreement No.: 2021-038
Consultant Name: Ninyo & Moore Geotechnical and Environmental Sciences Consultants
Rev. 9/15/20
6.1 Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the Required
Services under this Agreement, in a proper or timely manner, or if Consultant shall violate any of the other
covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and all other
rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to
terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the
Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior
to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City
may grant Consultant up to ten (10) additional days after the designated termination date to effectuate such
cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and
all ”Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services.
Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant
may be entitled to compensation for work satisfactorily performed prior to Consultant’s receipt of the Default
notice; provided, however, in no event shall such compensation exceed the amount that would have been
payable under this Agreement for such work, and any such compensation shall be reduced by any costs
incurred or projected to be incurred by City as a result of the Default.
6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement,
or any portion of the Required Services, at any time and for any reason, with or without cause, by giving
specific written notice to Consultant of such termination or suspension at least fifteen (15) days prior to the
effective date thereof. Upon receipt of such notice, Consultant shall immediately cease all work under the
Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product
shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to
receive just and equitable compensation for this Work Product in an amount equal to the amount due and
payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension
notice plus any additional remaining Required Services requested or approved by City in advance that would
maximize City’s value under the Agreement.
6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this
Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of
such termination except as expressly provided in this Section 6.
6.4 Administrative Claims Requirements and Procedures. 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 be amended, the provisions of which, including such policies and procedures used by City
in the implementation of same, are incorporated herein by this reference. 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.
6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the
laws of the State of California. Any action arising under or relating to this Agreement shall be brought only
in San Diego County, State of California.
6.6 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If
Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the
California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first
class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A
to this Agreement, and that such service shall be effective five days after mailing.
DocuSign Envelope ID: 7A15C948-A8CC-44E1-AD5E-F94E135BA74C
2021/07/27 City Council Post Agenda Page 163 of 391
൨ City of Chula Vista Agreement No.: 2021-038
Consultant Name: Ninyo & Moore Geotechnical and Environmental Sciences Consultants
Rev. 9/15/20
7. OWNERSHIP AND USE OF WORK PRODUCT
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other
materials or properties produced in whole or in part under this Agreement in connection with the performance
of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No
such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United
States or in any other country without the express, prior written consent of City. City shall have unrestricted
authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such
Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of
the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files
containing data generated as Work Product, Consultant shall make available to City, upon reasonable written
request by City, the necessary functional computer software and hardware for purposes of accessing,
compiling, transferring and printing computer files.
8.GENERAL PROVISIONS
8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties.
8.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique
qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement,
nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole
discretion.
8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they
have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder
without any further action or direction from Consultant or any board, principle or officer thereof.
8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an
original, but all of which shall constitute one Agreement after each Party has signed such a counterpart.
8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements
expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject
matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein
by reference. All prior or contemporaneous agreements, understandings, representations, warranties and
statements, oral or written, are superseded.
8.6 Record Retention. During the course of the Agreement and for three (3) years following completion
of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents,
reports, records, contracts, and supporting materials relating to the performance of the Agreement, including
accounting for costs and expenses charged to City, including such records in the possession of sub-
contractors/sub-consultants.
8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such
additional documents and instruments as may be reasonably required in order to carry out the provisions of
this Agreement and the intentions of the Parties.
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൩ City of Chula Vista Agreement No.: 2021-038
Consultant Name: Ninyo & Moore Geotechnical and Environmental Sciences Consultants
Rev. 9/15/20
8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent
contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the
conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related
Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed
employees of City, and none of them shall be entitled to any benefits to which City employees are entitled,
including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or
other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or
any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely
responsible for the payment of same and shall hold the City harmless with respect to same. Consultant shall
not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees
or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability
whatsoever against City, or bind City in any manner.
8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to
have been properly given or served if personally served or deposited in the United States mail, addressed to
such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified
in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or
otherwise provided in writing.
8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of
the Parties included in this Agreement are intended to authenticate this writing and to have the same force and
effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached
to or logically associated with a record and executed and adopted by a Party with the intent to sign such record,
including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions
Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time.
(End of page. Next page is signature page.)
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ൡൠ City of Chula Vista Agreement No.: 2021-038
Consultant Name: Ninyo & Moore Geotechnical and Environmental Sciences Consultants
Rev. 9/15/20
SIGNATURE PAGE
CONSULTANT SERVICES AGREEMENT
IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant
agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and
consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date.
NINYO & MOORE GEOTECHNICAL AND
ENVIRONMENTAL SCIENCES
CONSULTANTS
CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
JEFFREY T. KENT MARY CASILLAS SALAS
PRINCIPAL ENGINEER MAYOR
ATTEST
BY: ________________________________
Kerry K. Bigelow, MMC
City Clerk
APPROVED AS TO FORM
BY: ________________________________
Glen R. Googins
City Attorney
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ൡൡ City of Chula Vista Agreement No.: 2021-038
Consultant Name: Ninyo & Moore Geotechnical and Environmental Sciences Consultants
Rev. 9/15/20
EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Rosina Constanza, Senior Civil Engineer
276 Fourth Avenue
Building B
Chula Vista, Ca 91910
RConstanza@chulavistaca.gov
For Legal Notice Copy to:
City of Chula Vista
City Attorney
276 Fourth Avenue, Chula Vista, CA 91910
619-691-5037
CityAttorney@chulavistaca.gov
B. Consultant Contract Administration:
NINYO & MOORE GEOTECHNICAL AND ENVIRONMENTAL SCIENCES CONSULTANTS
Jeffrey Kent
5710 Ruffin Road,
San Diego, Ca 92123
858-576-1000
jkent@ninyoandmoore.com
For Legal Notice Copy to:
Mr. Avram Ninyo, PE, GE
President
5710 Ruffin Road, San Diego, CA 92123
858-576-1000
aninyo@ninyoandmoore.com
2. Required Services
A. General Description:
Consultant will provide as-needed, on-call geotechnical, materials testing, and special inspection services to
the City’s Engineering and Capital Projects Department for those CIP Projects (each a “Project”; collectively
“Projects”) for which the City selects Consultant to perform such services.
All Required Services provided shall comply with the relevant standards and/or specifications listed: 2012
Standard Specifications for Public Works Construction (Green Book), 2012 Regional Supplement
Amendments, 2019 City of Chula Vista Standard Special Provisions, the San Diego Area Regional Standard
Drawings, City of Chula Vista Design and Construction Standard Drawings 2017, California Department of
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ൡൢ City of Chula Vista Agreement No.: 2021-038
Consultant Name: Ninyo & Moore Geotechnical and Environmental Sciences Consultants
Rev. 9/15/20
Transportation (CALTRANS) Manual of Test, current American Society of Testing and Materials (ASTM),
and Chapter 17 of the current California Building Code. The Green Book lists approximately 45 California
Department of Transportation (CALTRANS) test methods and 101 American Society of Testing and Materials
(ASTM) test methods.
I . Material Testing
The Consultant shall perform the required material testing, soils sampling and inspection in accordance
with test methods and standards established by the American Society for Testing and Materials (ASTM),
the State of California Department of Transportation (Caltrans), Specifications for Public Works
Construction (Green Book), the Regional Supplement Amendments, the City of Chula Vista Standard
Special Provisions, the San Diego Area Regional Standard Drawings, the City of Chula Vista Design and
Construction Standards, the Environmental Protection Agency (EPA) and Chapter 17 of the current
California Building Code as specified by the City Engineer.
II. Geotechnical Engineering
Consultant shall provide Geotechnical Engineering services for City projects during earthwork
construction operations that the City Engineer determines are necessary to meet finished grades shown
on the plans and cross sections.
Consultant shall provide Geotechnical Engineering observation during site preparation for placement of
fill and construction of sub-drainage systems. Consultant shall make recommendations regarding the
removal of unsuitable materials for fills and methods of compaction based upon previous geotechnical
investigations and Consultant’s own observations.
For tests results that failed, Consultant shall provide analysis of the failure and a recommendation of
possible solutions in a signed &stamped report to the City. On tests that passed, Consultant shall state
so in the signed and stamped report provided to the City. Said reports shall include the appropriate
specifications next to the test results.
III. Building Special Inspection
Consultant shall perform the required building special inspection services as directed by the City
in accordance with test methods and standards established by the American Society for Testing and
Materials (ASTM), the State of California Department of Transportation (Caltrans), Specifications for
Public Works Construction (Green Book), the Regional Supplement Amendments, the City of Chula
Vista Standard Special Provisions, the San Diego Area Regional Standard Drawings, the City of Chula
Vista Design and Construction Standards, the Environmental Protection Agency (EPA) and Chapter 17
of the current California Building Code as specified by the City Engineer.
.
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ൡൣ City of Chula Vista Agreement No.: 2021-038
Consultant Name: Ninyo & Moore Geotechnical and Environmental Sciences Consultants
Rev. 9/15/20
B. Detailed Description:
Typical services that the City may require during the design phase of CIP projects may involve sampling
of existing pavement, base, and subgrade materials, as well as borings for deep trenches, excavations (cuts)
and embankment (fill) conditions. Appropriate testing of these materials would include analyses to determine
their engineering properties and their suitability for use as construction materials for public works construction.
During the construction phase of CIP projects, the City may require geotechnical engineering services for
the observation of earthwork operations and directing the removal and compaction of alluvial soils and the
removal/replacement of unsuitable materials. In addition, sampling and testing of soils and construction
materials in accordance with Green Book specifications will be performed as directed by City Engineering
staff. Sampling and testing may also be performed at the material’s source of manufacturing or production.
The Consultant shall provide:
A.Materials testing laboratory facilities staffed with personnel qualified to perform sampling and
testing of portland cement concrete, soils, treated soils, crushed aggregate base, and bituminous materials,
as required. Pictures of Proposer’s laboratory facilities are expected to be provided with proposal.
The materials testing laboratory must have a documented Quality Assurance Program (“QAP”) in
conformance with City of Chula Vista Quality Assurance Program 2019. The Consultant must provide a
copy of the QAP on a yearly basis.
B.Geotechnical/soil engineering services shall be provided for City-funded projects during
earthwork construction operations. This may require the Consultant to provide geotechnical/soils
engineering observations during site preparation for placement of fill and construction of sub-drainage
systems. The Consultant may be required to make recommendations regarding the removal of unsuitable
materials for fills and methods of compaction based upon previous soils/ geotechnical investigations and
upon the Consultant’s own observations. The number and scope of such projects will vary from year-to-
year.
The City, in many cases, will provide the Consultant with geotechnical/soils reports that have been
prepared by other firms.
C.Personnel that are experienced in the testing of materials used in the construction of public works
facilities and familiar with the San Diego Area Regional Standard Drawings, the Green Book, California
Building Code and the City of Chula Vista codes, procedures, and regulations are required to satisfy the
requirements of the Consultant contract. The City shall have the right to make a determination as to the
qualifications of individual personnel and shall have the right to require substitution of non-qualified
individuals with qualified personnel. Personnel assigned to the City of Chula Vista projects shall obtain
approval from the City on an annual basis.
The Consultant’s QAP must include procedures and policies in which personnel are certified to perform
the materials testing and sampling requested by the City.
Consultant shall name the laboratory proposed to conduct testing and analysis in their task order proposals,
and provide City with the laboratory sampling and analysis results within three days of the completion of
laboratory testing.
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ൡ City of Chula Vista Agreement No.: 2021-038
Consultant Name: Ninyo & Moore Geotechnical and Environmental Sciences Consultants
Rev. 9/15/20
D. Geotechnical, Materials Testing and Special Inspection Consulting Services in response to the
City’s request at the time and locations as determined by the City Engineer. Selected Proposers must be
capable of providing the requested services within one working day after receiving a request from the
City.
E. A documented internal laboratory QAP for all required laboratory analyses and procedures. All
reference standards and equipment calibrations shall be traceable to the National Institute of Standards
and Technology.
F. Detailed report of samples collected for the Project. Reports should contain specific information
(i.e., laboratory address & name, date of receipt of sample, specific identifier (e.g. log #) for each sample,
test times, results, and method of disposal).
G. Certified copies of calibration and maintenance records on an annual basis or upon City’s request
for all instruments and devices to be utilized in field and laboratory analyses in accordance with the
Consultant’s QAP.
H. Provide the City of Chula Vista with all original data, reports, records, etc. of field and laboratory
analyses. Further, the Consultant shall maintain copies of all records related to field and laboratory testing
performed under the contract for a minimum of five years from the date of the sample, measurement,
report, etc. This period may be extended during the course of any unresolved litigation or when requested
by the City of Chula Vista.
I. Billing forms and procedures used shall be acceptable to the City and shall include all test reports
billed during that period.
J. Consultant shall provide City with written reports on test results within 3 working days after
completion of test results. Tests are to be e-mailed to City staff who have requested the services as final
test results are available.
K. Work not listed in schedule - If an occasion arise whereby the City requests work to be done which
is not listed in this schedule, the price of providing this work shall be negotiated in good faith between the
City and Consultant prior to Consultant begin work. The negotiated price(s) shall not exceed the Schedule
of charges labeled as Attachment “A”; Personnel Hourly Rates Fee Schedule (Prevailing Wage Rates) and
Attachment “B”; Materials Testing Services Fee Schedule (Prevailing Wage) attached to this agreement
between the City and Consultant.
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin July 27,
2021 and end on June 30, 2023 for completion of all Required Services. The period of performance for each
specific Project shall be in accordance with the task order for that Project. If work on a Project task order is
in progress on the expiration date of the term of this Agreement, the terms of the Agreement and Project task
order shall be extended by contract amendment.
4. Compensation:
If selected to perform services for a Project, Consultant shall provide separate bill for each Project identified.
Every bill will list all work performed on the Project. The bill shall show total amount billed to date for Project,
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Consultant Name: Ninyo & Moore Geotechnical and Environmental Sciences Consultants
Rev. 9/15/20
payment received, and amount due. All work elements shall be itemized, i.e. tests performed, personnel
charges/hours, equipment costs, etc. All re-testing shall be identified and explained on the bill.
Consultant shall only be paid for work done on a Project at the written request of the City. If additional work is
requested by others, Consultant shall obtain written authorization from the City prior to commencing any such
services. In addition, the Consultant shall include on each respective bill the following documentation in support
of the request for work: 1) party requesting the work, 2) party approving the work, 3) date of work, 4)
persons/entity performing the work, 5) time in and out, and 6) total of exact hours worked.
Compensation for the Required Services shall be paid for on personnel hourly rates as listed in Attachment “A”;
Personnel Hourly Rates Fee Schedule (Prevailing Wage Rates) and unit price per test basis, which shall include
all costs such as testing, reports, reports review, storing of specimens and test cylinders, as listed in Attachment
“B”; Materials Testing Services Fee Schedule (Prevailing Wage) for each City Project.
The Consultant shall forfeit and will not receive payment for the Required Services performed and billed to City
more than sixty (60) calendar days after performance of the Required Services.
A. Form of Compensation
☒Time and Materials. For performance of the Required Services by Consultant as identified in Section 2, above,
City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the Required
Services, at the rates or amounts as indicated below:
As provided on Attachments A & B
Consultant acknowledges and agrees that equipment hourly rates shall only be compensable for productive hours
at the location of work. Consultant acknowledges and agrees that travel time for equipment shall not be
compensable.
B. Reimbursement of Costs
☒Invoiced or agreed-upon amounts as follows:
As provided on Attachments A and B hereto.
Consultant acknowledges and agrees that lodging and per-diem are not reimbursable expenses for work performed
within the San Diego region. Consultant acknowledges and agrees that out of region travel time, expenses,
lodging, and per-diem will not be reimbursed unless expressly authorizing and agreed to by City in writing on a
per Project basis.
Consultant acknowledges and agrees that when reprographics and courier services are requested by the City,
expenses will be reimbursed at cost when performed by a third-party business entity and only when accompanied
by a copy of original invoice.
Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through
June 30, 2023 shall not exceed $400,000.
5. Special Provisions:
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ൡ൦ City of Chula Vista Agreement No.: 2021-038
Consultant Name: Ninyo & Moore Geotechnical and Environmental Sciences Consultants
Rev. 9/15/20
☒Permitted Sub-Consultants: Decisive Testing, Inc.
☐Security for Performance:
☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement
for two (2) additional terms, defined as a one-year increment . The City Manager or Director of Finance/Treasurer
shall be authorized to exercise the extensions on behalf of the City. If the City exercises an option to extend, each
extension shall be on the same terms and conditions contained herein. If the City exercises an option to extend,
the maximum amount to be paid to the Consultant for services performed during each option term shall not exceed
$200,000. The City shall give written notice to Consultant of the City’s election to exercise the extension via the
Notice of Exercise of Option to Extend document.
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ൡ൧ City of Chula Vista Agreement No.: 2021-038
Consultant Name: Ninyo & Moore Geotechnical and Environmental Sciences Consultants
Rev. 9/15/20
EXHIBIT B
INSURANCE REQUIREMENTS
Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the
following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x).
Type of Insurance Minimum Amount Form
☒ General Liability:
Including products and
completed operations,
personal and
advertising injury
$2,000,000 per occurrence for
bodily injury, personal injury
(including death), and property
damage. If Commercial General
Liability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence limit
Additional Insured Endorsement
or Blanket AI Endorsement for
City*
Waiver of Recovery Endorsement
Insurance Services Office Form
CG 00 01
*Must be primary and must not
exclude Products/Completed
Operations
☒ Automobile Liability $1,000,000 per accident for bodily
injury, including death, and
property damage
Insurance Services Office Form
CA 00 01
Code 1-Any Auto
Code 8-Hired
Code 9-Non Owned
☒ Workers’
Compensation
Employer’s Liability
$1,000,000 each accident
$1,000,000 disease policy limit
$1,000,000 disease each employee
Waiver of Recovery Endorsement
☒ Professional Liability
(Errors & Omissions)
$1,000,000 each occurrence
$2,000,000 aggregate
Other Negotiated Insurance Terms: “NONE”
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ൡ൨ City of Chula Vista Agreement No.: 2021-038
Consultant Name: Ninyo & Moore Geotechnical and Environmental Sciences Consultants
Rev. 9/15/20
EXHIBIT C
CONSULTANT CONFLICT OF INTEREST DESIGNATION
The Political Reform Act1 and the Chula Vista Conflict of Interest Code 2 (“Code”) require designated state and
local government officials, including some consultants, to make certain public disclosures using a Statement of
Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of
the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics
training requirements.3
☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED
4 from disclosure.
☐B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES
(Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code .)
Name Email Address Applicable Designation
Enter Name of Each Individual
Who Will Be Providing Service
Under the Contract – If
individuals have different
disclosure requirements,
duplicate this row and
complete separately for each
individual
Enter email address(es) ☐ A. Full Disclosure
☐ B. Limited Disclosure (select one or more of
the categories under which the consultant shall file):
☐1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7.
Justification:
☐ C. Excluded from Disclosure
1. Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition
of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700.
2. Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online
filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required
annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement.
3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the
Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the
Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately
responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing
requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or
(866) 275-3772 *2.
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written
determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code.
Completed by: David Hicks, Associate Civil Engineer
1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704.
2 Chula Vista Municipal Code §§2.02.010-2.02.040.
3 Cal. Gov. Code §§53234, et seq.
4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg.
18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not include
corporation or limited liability company).
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63Ninyo & Moore | City of Chula Vista On-Call Geotechnical, Materials Testing, and Special Inspection Services | P02-02371 | March 10, 2021
Qualifications/Proposal | A. Firm Information
City of Chula Vista Request for Proposals On-Call Geotechnical, Materials Testing,
& Special Inspection Services
ATTACHMENT “A”
PERSONNEL HOURLY RATES FEE SCHEDULE
(PREVAILING WAGE RATES)
ENGINEERS, GEOLOGISTS AND SCIENTISTS PERSONNEL Hourly Rate
Principal Engineer/Geologist/Environmental Scientist $154
Senior Engineer/Geologist/Environmental Scientist $148
Project Engineer/Geologist/Environmental Scientist $142
Senior Staff Engineer/Geologist/Environmental Scientist $128
Staff Engineer/Geologist/Environmental Scientist $120
Senior Project Engineer/Geologist/Environmental Scientist $145
List any Others
TECHNICAL AND SUPPORT PERSONNEL Hourly Rate
Special Registered Inspector $102
Certified Welding Inspector/UT Inspector $102/108
Soils Technician $102
Materials Technician $102
Coring Technician - Concrete, Asphalt (Inc. Core Equipment and Truck) $190
Word Processor $58
Draftsperson/CADD $78
ACI Technician $102
Geotechnical Assistant $66
List any Others
OTHER CHARGES/Miscellaneous Hourly Rate
Overtime & Saturday Rate 1.5 X Hourly Rate
Travel $102
Equipment & Materials Included
List any Others
13. Schedule of Fees - Attachment A
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Ninyo & Moore | City of Chula Vista On-Call Geotechnical, Materials Testing, and Special Inspection Services | P02-02371 | March 10, 2021
Qualifications/Proposal | A. Firm Information
1
A. Firm Information
1. Firm Laboratory Testing (Attachment “B”)
City of Chula Vista Request for Proposals On-Call Geotechnical, Materials Testing,
& Special Inspection Services
ATTACHMENT “B”
MATERIALS TESTING SERVICES FEE SCHEDULE
PREVAILING WAGE
PRIMARY TEST/NAME Test ID Fee per
Each Test
Tests
Performed in
the Proposer’s Laboratory
Tests
Performed
by outside
Laboratory
CONCRETE MATERIAL TESTING
Compression Test, 6x12cylinder ASTM C39 $35 X
Compression Test, Core *(excluding
sample preparation)
ASTM C42 $120 X
Compression Test, Shotcrete panel
core (3 cores per panel). Per panel
ASTM C42 $275 X
Concrete Mix Design or Mix Review
(excluding aggregate tests)
$154 X
Saw cutting of Sample Included X
X
MASONRY MATERIAL TESTING
Compression Test, Block (8x8x16 or
smaller), per 3 unit set
ASTM C67 $210 X
Compression Test, Mortar, 2x4
cylinder (UBC)
ASTM C140 $35 X
Compression Test, Grout (UBC) UBC 21-16 $45 X
Compression Test, Core $70 X
Compression Test, Shear $70 X
Masonry Prism, Full Size (8x16x16),
each
ASTM C1314 $200 X
Masonry Prism, Half Size (8x16x8),
each
ASTM C1314 $120 X
Conformance Package (including all
testing and report, 6 units)
ASTM C90 $500 X
X
AGGREGATE MATERIAL TESTING
Sieve Analysis, Coarse Aggregate ASTM C136 $120 X
Sieve Analysis, Fine Aggregate ASTM C136 $145 X
Specific Gravity, Coarse Aggregate, ASTM C127 $115 X
Specific Gravity, Fine Aggregate , ASTM C128 $175 X
pH & Resistivity, each $175 X
X
ASPHALT CONCRETE MATERIAL TESTING
Stability Test - Marshall, ave of 3, unit
weight & flow
ASTM D1559 $240 X
Asphalt Concrete Mix Design or Mix
Review
$154 X
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2Ninyo & Moore | City of Chula Vista On-Call Geotechnical, Materials Testing, and Special Inspection Services | P02-02371 | March 10, 2021
Qualifications/Proposal | A. Firm Information
City of Chula Vista Request for Proposals On-Call Geotechnical, Materials Testing,
& Special Inspection Services
PRIMARY TEST/NAME Test ID Fee per
Each Test
Tests
Performed in
the Proposer’s
Laboratory
Tests
Performed
by outside
Laboratory
Unit Weight Requiring Compaction,
(Marshall)
ASTM D1559,
T245
$240 X
FULL DEPTH RECLAMATION SUBGRADES TESTING
Wetting & Drying compacted soil
cement mixtures (559)
ASTM D559-03 $275 X
Freezing and Thawing compacted soil
cement mixtures (560)
ASTM D560-03 $275 X
Moisture Density test for Soil Cement ASTM D558 $45 X
Standard Test Method for Resistance
R-Value and Expansion Pressure of
Compacted Soils
ASTM D2844-
94
$375 X
Standard Test Method for Unconfined
Compressive Strength of Compacted
Soil
ASTM D5102-
96
$180 X
Observing Micro-Cracking operations
and performing stiffness testing of the
CTS materials using a Geogauge.
$102/hour X
GEOTECHNICAL MATERIAL TESTING
Shear Tests (single point) ASTM D3080 $100 X
Consolidation Tests ASTM D2435,
CT219
$300 X
Moisture-Density ASTM D2216 $45 X
C.B.R. Tests (Includes Compaction
Test)
ASTM D1883 $550 X
Lime Treated CBR ASTM D1883 $550 X
R-Value (Lime Treated)ASTM D2844,
CA TEST 301
$375 X
Mechanical Analyses - Sieve Test ASTM C136 $120 X
Mechanical Analyses - Hydrometer
Test
ASTM D421/
ASTM D422
$220 X
Sand Equivalent ASTM D2419 $125 X
Plasticity Index ASTM D4318 $170 X
Expansion Index ASTM D4829 $190 X
Specific Gravity ASTM D854 $125 X
Unconfined Compression $180 X
Triaxial Tests - Std. Test, undrained,
unconsolidated
$250 X
Triaxial Tests - Effective Stress Test $450 X
Remolded Samples (Preparation) Included X
DocuSign Envelope ID: 7A15C948-A8CC-44E1-AD5E-F94E135BA74C
2021/07/27 City Council Post Agenda Page 177 of 391
3Ninyo & Moore | City of Chula Vista On-Call Geotechnical, Materials Testing, and Special Inspection Services | P02-02371 | March 10, 2021
Qualifications/Proposal | A. Firm Information
City of Chula Vista Request for Proposals On-Call Geotechnical, Materials Testing,
& Special Inspection Services
PRIMARY TEST/NAME Test ID Fee per
Each Test
Tests
Performed in
the Proposer’s
Laboratory
Tests
Performed
by outside
Laboratory
Corosivity Tests (Sulfate, Chloride,
pH, min. resistivity)
$350 X
LABORATORY METAL SERVICES - MECHANICAL TESTING
Mechanical Coupler Testing (Tensile,
Yield, Slippage & Sample
Preparation), each
$175 X
Tensile Testing up to No. 11 Bar
(ultimate strength only), each
$75 X
Tensile Testing No. 14 Bar (ultimate
strength only), each
$175 X
Tensile Testing No. 18 Bar (ultimate
strength only), each $175 X
Tensile Testing (ultimate strength
only), Flat Bar Reduced Section, each
$90 X
Tensile Testing (ultimate strength
only), Round Bar Reduced Section
0.505” Diameter, each
$90 X
Tensile Testing (ultimate strength
only), Round Bar Reduced Section,
sub-size, each
$90 X
Tensile Testing (ultimate strength
only), Yield Strength Testing (by
extensometer), each
$175 X
Tensile, Full Section Tube, each $175 X
Bend Test, each $75 X
Fillet Weld Break Test, each $60 X
Charpy Impact: Ambient
Temperature, per set of 3
$450 X
Charpy Impact: Ambient – 40°F, per
set of 3
$600 X
Charpy Impact: - 41°F to –100°F $600 X
Charpy Individual Specimens for
Transition Curve
$200 X
Additional Charge for Reporting
Percent Shear, per set
Included X
Additional Charge for Reporting Mils
Lateral Expansion, per set
Included X
Rockwell Hardness, per set of 3 $80 X
Sample Preparation (as required) Included X X
Bearing Pad Tests $115 X
DocuSign Envelope ID: 7A15C948-A8CC-44E1-AD5E-F94E135BA74C
2021/07/27 City Council Post Agenda Page 178 of 391
4Ninyo & Moore | City of Chula Vista On-Call Geotechnical, Materials Testing, and Special Inspection Services | P02-02371 | March 10, 2021
Qualifications/Proposal | A. Firm Information
City of Chula Vista Request for Proposals On-Call Geotechnical, Materials Testing,
& Special Inspection Services
PRIMARY TEST/NAME
Test ID
Fee per
Each Test
Tests
Performed in
the Proposer’s
Laboratory
Tests
Performed
by outside
Laboratory
Special Tests $102/hour X
LABORATORY METAL SERVICES - MACHINING
Charpy Impact Specimens, Carbon
Steel, per set of 3
$450 X
Charpy Impact Specimens, Carbon
Steel, Sub-Size, per set of 3
$600 X
Charpy Impact Specimens, Other
Materials, per set of 3
$600 X
Charpy Impact Specimens, Other
Materials, Sub-Size, per set of 3
$750 X
Carbon Steel, Flat Bar Reduced
Section, each
$150 X
Carbon Steel, Round Bar 0.505”
Diameter, each
$150 X
Carbon Steel, Round Bar Sub-Size,
each
$150 X
Other Materials, Flat Bar Reduced
Section, each
$150 X
Other Materials, Round Bar 0.505”
Diameter, each
$150 X
Other Materials, Round Bar Sub-Size,
each
$150 X
Macro Specimens, Carbon Steel, each $100 X
Macro Specimens, Other Materials,
each
$100 X
General Machining Charge, per hour Included X
LABORATORY METAL SERVICES - HIGH STRENGTH BOLT TESTING
Hardness (Bolt, Washer, Nut), each A-370 $150 X
Bolt Assembly Standard Wedge, each $80 X
Bolt Proof testing, each $80 X
X
ASTM Testing METHODS
Fine Sieve Analysis with 200 Wash ASTM C117 $100 X
Sieve Analysis of Fine and Coarse
Aggregate
ASTM C136 $145 X
Compressive Strength – Concrete
Cylinder (Set of Three)
ASTM C39 $105 X
Compaction Characteristics of Soil
Using the Modified Proctor Method
ASTM D1557 $220 X
Maximum specific Gravity and ASTM D2041 $150 X
DocuSign Envelope ID: 7A15C948-A8CC-44E1-AD5E-F94E135BA74C
2021/07/27 City Council Post Agenda Page 179 of 391
5Ninyo & Moore | City of Chula Vista On-Call Geotechnical, Materials Testing, and Special Inspection Services | P02-02371 | March 10, 2021
Qualifications/Proposal | A. Firm Information
City of Chula Vista Request for Proposals On-Call Geotechnical, Materials Testing,
& Special Inspection Services
PRIMARY TEST/NAME
Test ID
Fee per
Each Test
Tests
Performed in
the Proposer’s
Laboratory
Tests
Performed
by outside
Laboratory
Density of Bituminous Paving
Mixtures
$150 X
Extraction of Bitumen from
Bituminous Paving Mixtures
ASTM D2172 $250 X
Sand Equivalent Value of Soils and
Fine Aggregates
ASTM D2419 $125 X
Specific Gravity and Density of
Compacted Bituminous Paving
Mixtures
ASTM D2726 $100 X
Consistency Test and Wet Track
Abrasion Test
ASTM D3910 $150 X
Abrasion and Impact in the L.A.
Machine
ASTM C131 $200 X
Potential Reactivity of Aggregate ASTM C289 $475 X
Organic Impurities in Fine Concrete
Aggregates
ASTM C40 $90 X
Testing Drilled Concrete Cores
(Compression Test Only, Set of 3)
ASTM C42 $360 X
Flexural Strength of Concrete ASTM C78 $85 X
Soundness of Aggregates by Use of
Sulfates
ASTM C88 $450 X
Particle-Size Analysis of Soils ASTM D422 $145 X
Caltrans Testing Methods
Sieve Analysis of Fine and Coarse
Aggregates
CA TEST 202 $145 X
Relative Compaction of Untreated and
Treated Soils and Aggregates
CA TEST 216 Included X
Sand Equivalent CA TEST 217 $125 X
Moisture Content in Soils by Oven
Drying
CA TEST 226 $35 X
“R” Value of Soils by Stabilometer CA TEST 301 $375 X
Preparation of Bituminous Mixtures
for Testing (Built into Hourly Rate)
CA TEST 304 Included X
Moisture Vapor Susceptibility of
Bituminous Mixtures
CA TEST 307 $1,000 X
Specific Gravity and Weight of
Compressed Bituminous Mixtures
CA TEST 308 $100 X
Design and Testing of Class “A”
Cement Treated Base (Complete CTB
Design, including laboratory
conformance testing of aggregates)
CA TEST 312 $1,000 X
DocuSign Envelope ID: 7A15C948-A8CC-44E1-AD5E-F94E135BA74C
2021/07/27 City Council Post Agenda Page 180 of 391
6Ninyo & Moore | City of Chula Vista On-Call Geotechnical, Materials Testing, and Special Inspection Services | P02-02371 | March 10, 2021
Qualifications/Proposal | A. Firm Information
City of Chula Vista Request for Proposals On-Call Geotechnical, Materials Testing,
& Special Inspection Services
PRIMARY TEST/NAME
Test ID
Fee per
Each Test
Tests
Performed in
the Proposer’s Laboratory
Tests
Performed
by outside
Laboratory
Stabilometer Value of Bituminous
Mixtures
CA TEST 366 $225 X
Recommending Optimum Bitument
Content (OBC)
CA TEST 367 $1,000 X
In-Place Density and Relative
Compaction of Asphalt Concrete
Pavement (Built into Hourly Rate)
CA TEST 375 Included X
Asphalt Content of Bituminous
Mixtures
CA TEST 379 $150 X
Compressive Strength of Molded
Concrete Cylinders
CA TEST 521 $35 X
Mixing, Storing, and Handling
Concrete Compressive Strength
Specimens in the Field (Built into
Hourly Rate)
CA TEST 540 Included X
Percentage of Crushed Particles CA TEST 205 $175 X
Abrasion of Coarse (500 Revolutions)
Aggregate – L.A. Rattler (1,000
Revolutions)
CA TEST 211 $200 X
Organic Impurities in Concrete Sand CA TEST 213 $90 X
Soundness of Aggregates by Use of
Sodium Sulfate
CA TEST 214 $450 X
Evaluating Cleanness of Coarse
Aggregates
CA TEST 227 $180 X
Test for Durability Index CA TEST 229 $205 X
Determination of Moisture in Soils,
Minerals Aggregates, and Bituminous
Mixtures by Xylene Reflux
Distillation
CA TEST 311 $900 X
Others
DocuSign Envelope ID: 7A15C948-A8CC-44E1-AD5E-F94E135BA74C
2021/07/27 City Council Post Agenda Page 181 of 391
7Ninyo & Moore | City of Chula Vista On-Call Geotechnical, Materials Testing, and Special Inspection Services | P02-02371 | March 10, 2021
Qualifications/Proposal | A. Firm Information
2. Subconsultant Laboratory Testing (Attachment “B”)
Ninyo & Moore has the in-house capabilities to perform the majority of the common tests listed in Attachment ‘B’ of the Request
for Proposal (RFP). For those tests that we cannot perform in-house, Ninyo & Moore will utilize the services of Decisive Testing.
Established in 1968, Decisive Testing has gained the experience of being able to provide a variety of services for all types of
projects including metallurgical testing labs.
City of Chula Vista Request for Proposals On-Call Geotechnical, Materials Testing,
& Special Inspection Services
ATTACHMENT “B”
MATERIALS TESTING SERVICES FEE SCHEDULE
PREVAILING WAGE
PRIMARY TEST/NAME
Test ID
Fee per
Each Test
Tests
Performed in
the
Proposer’s
Laboratory
Tests
Performed by
outside
Laboratory
LABORATORY METAL SERVICES - MECHANICAL TESTING
Tensile Testing No. 14 Bar (ultimate
strength only), each
$175 Decisive
Testing
Tensile Testing No. 18 Bar (ultimate
strength only), each
$175 Decisive
Testing
Tensile Testing (ultimate strength
only), Yield Strength Testing (by
extensometer), each
$175 Decisive
Testing
Tensile, Full Section Tube, each $175 Decisive
Testing
Bend Test, each $75 Decisive
Testing
Fillet Weld Break Test, each $60 Decisive
Testing
Charpy Impact: Ambient
Temperature, per set of 3
$450 Decisive
Testing
Charpy Impact: Ambient – 40°F, per
set of 3
$600 Decisive
Testing
Charpy Impact: - 41°F to –100°F $600 Decisive
Testing
Charpy Individual Specimens for
Transition Curve
$200 Decisive
Testing
Additional Charge for Reporting
Percent Shear, per set
Included Decisive
Testing
Additional Charge for Reporting Mils
Lateral Expansion, per set
Included Decisive
Testing
Sample Preparation (as required) Included Decisive
Testing
Bearing Pad Tests $115 Decisive
Testing
DocuSign Envelope ID: 7A15C948-A8CC-44E1-AD5E-F94E135BA74C
2021/07/27 City Council Post Agenda Page 182 of 391
8Ninyo & Moore | City of Chula Vista On-Call Geotechnical, Materials Testing, and Special Inspection Services | P02-02371 | March 10, 2021
Qualifications/Proposal | A. Firm Information
City of Chula Vista Request for Proposals On-Call Geotechnical, Materials Testing,
& Special Inspection Services
PRIMARY TEST/NAME
Test ID
Fee per
Each Test
Tests
Performed in
the Proposer’s
Laboratory
Tests
Performed
by outside
Laboratory
LABORATORY METAL SERVICES - MACHINING
Charpy Impact Specimens, Carbon
Steel, per set of 3
$450 Decisive
Testing
Charpy Impact Specimens, Carbon
Steel, Sub-Size, per set of 3
$600 Decisive
Testing
Charpy Impact Specimens, Other
Materials, per set of 3
$600 Decisive
Testing
Charpy Impact Specimens, Other
Materials, Sub-Size, per set of 3
$750 Decisive
Testing
Carbon Steel, Flat Bar Reduced
Section, each
$150 Decisive
Testing
Carbon Steel, Round Bar 0.505”
Diameter, each
$150 Decisive
Testing
Carbon Steel, Round Bar Sub-Size,
each
$150 Decisive
Testing
Other Materials, Flat Bar Reduced
Section, each
$150 Decisive
Testing
Other Materials, Round Bar 0.505”
Diameter, each
$150 Decisive
Testing
Other Materials, Round Bar Sub-Size,
each
$150 Decisive
Testing
Macro Specimens, Carbon Steel, each $100 Decisive
Testing
Macro Specimens, Other Materials,
each
$100 Decisive
Testing
General Machining Charge, per hour Included Decisive
Testing
DocuSign Envelope ID: 7A15C948-A8CC-44E1-AD5E-F94E135BA74C
2021/07/27 City Council Post Agenda Page 183 of 391
ൡ City of Chula Vista Agreement No.: 2021-039
Consultant Name: RMA GROUP INC. Rev. 9/15/20
CITY OF CHULA VISTA
CONSULTANT SERVICES AGREEMENT
WITH RMA GROUP INC.
TO PROVIDE ON-CALL GEOTECHNICAL, MATERIALS TESTING, AND SPECIAL INSPECTION
SERVICES
This Agreement is entered into effective as of July 27, 2021 (“Effective Date”) by and between the City of Chula
Vista, a chartered municipal corporation (“City”) and RMA GROUP INC., a California Corporation
(“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts:
RECITALS
WHEREAS, the City has the need for the on-call Geotechnical, Materials Testing, and Special Inspection
consulting services during Capital Improvmenet Program (“CIP”) projects for both design and construction
phases; and
WHEREAS, in order to procure these services City solicited proposals in accordance with Chula Vista
Municipal Code Section 2.56.110 for “professional services” and received 10 proposals; and
WHEREAS, after the City Selection Committee completed their review of the proposals for all ten firms,
they selected RMA GROUP INC. as one of the four consultants to provide these services; and
WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it
can deliver the services required of Consultant to City in accordance with the time frames and the terms and
conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
DocuSign Envelope ID: 43A9793E-15A1-4E38-83B0-AFB2BD286556
2021/07/27 City Council Post Agenda Page 184 of 391
ൢ City of Chula Vista Agreement No.: 2021-039
Consultant Name: RMA GROUP INC. Rev. 9/15/20
DocuSign Envelope ID: 43A9793E-15A1-4E38-83B0-AFB2BD286556
2021/07/27 City Council Post Agenda Page 185 of 391
ൣ City of Chula Vista Agreement No.: 2021-039
Consultant Name: RMA GROUP INC. Rev. 9/15/20
OBLIGATORY PROVISIONS
NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other
good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and
Consultant hereby agree as follows:
1. SERVICES
1.1 Required Services. Consultant agrees to perform the services, and deliver to City the “Deliverables” (if
any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time
frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables
described in Exhibit A shall be referred to herein as the “Required Services.”
1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time
to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing
so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding
reduction in the compensation associated with the reduction.
1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and
ordinances governing procurement and purchasing authority, City may request Consultant provide additional
services related to the Required Services (“Additional Services”). If so, City and Consultant agree to meet
and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additional
Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid
consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services”
shall also become “Required Services” for purposes of this Agreement.
1.4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services
hereunder shall be performed in accordance with the highest standard of care exercised by members of the
profession currently practicing under similar conditions and in similar locations.
1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual
approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry
standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry
standards, or the willful misconduct of the Consultant or its subcontractors.
1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for Consultant to
provide additional security for performance of its duties under this Agreement, Consultant shall provide such
additional security prior to commencement of its Required Services in the form and on the terms prescribed
on Exhibit A, or as otherwise prescribed by the City Attorney.
1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with
any and all applicable federal, state and local laws, including the Chula Vista Municipal Code.
1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from
City.
1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information
and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required
Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and
DocuSign Envelope ID: 43A9793E-15A1-4E38-83B0-AFB2BD286556
2021/07/27 City Council Post Agenda Page 186 of 391
City of Chula Vista Agreement No.: 2021-039
Consultant Name: RMA GROUP INC. Rev. 9/15/20
personnel utilized by the Consultant to complete its obligations under this Agreement comply with all
applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any
subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant
shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this
Agreement.
1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s
commencement of the Required Services hereunder, and shall terminate when the Parties have complied with
all their obligations hereunder; provided, however, provisions which expressly survive termination shall
remain in effect.
2. COMPENSATION
2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant
in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment
are set forth in this Section 2.
2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed
each month, within thirty (30) days of the end of the month in which the services were performed, unless
otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date
of the Agreement. All charges must be presented in a line item format with each task separately explained in
reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced
to date, and the remaining amount available under any approved budget. Consultant must obtain prior written
authorization from City for any fees or expenses that exceed the estimated budget.
2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the
Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for
the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions
set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be
subject to a penalty of up to five percent (5%) of the amount invoiced.
2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed
on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the
holdback amount will be issued to Consultant.
2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant
in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless
specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred
by Consultant in the performance of the Required Services.
2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of
any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be
responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors,
omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors.
2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or
reimbursement for any Consultant costs related to the performance of Required Services does not constitute
a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for
payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of
DocuSign Envelope ID: 43A9793E-15A1-4E38-83B0-AFB2BD286556
2021/07/27 City Council Post Agenda Page 187 of 391
City of Chula Vista Agreement No.: 2021-039
Consultant Name: RMA GROUP INC. Rev. 9/15/20
this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation
already paid, City will notify Consultant in writing and Consultant shall promptly return such amount.
3. INSURANCE
3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of
Required Services under this Agreement, and for twelve months after completion of Required Services, the
policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference
(the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section.
3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the
Required Insurance must be disclosed to and approved by City in advance of the commencement of work.
3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact
business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed
with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines
Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers’ Compensation
Insurance, insurance issued by the State Compensation Fund is also acceptable.
3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its
policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not
under its policies. Any separate coverage for sub-consultants must also comply with the terms of this
Agreement.
3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as
additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified
as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability
additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance
using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed
Operations coverage.
3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary
insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or
self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from
the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide
insurance.
3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required
insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail,
return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put
into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the
City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it
may have or may obtain to subrogation for a claim against City.
3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with
original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that
Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words
DocuSign Envelope ID: 43A9793E-15A1-4E38-83B0-AFB2BD286556
2021/07/27 City Council Post Agenda Page 188 of 391
൦ City of Chula Vista Agreement No.: 2021-039
Consultant Name: RMA GROUP INC. Rev. 9/15/20
“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” or any similar language must be deleted from all certificates. The
required certificates and endorsements should otherwise be on industry standard forms. The City reserves the
right to require, at any time, complete, certified copies of all required insurance policies, including
endorsements evidencing the coverage required by these specifications.
3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability
and/or Errors & Omissions coverage are required and are provided on a claims-made form, the following
requirements also apply:
a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning
of the work required by this Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5)
years after completion of the work required by this Agreement.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended
reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement.
d. A copy of the claims reporting requirements must be submitted to the City for review.
3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed
to limit the Consultant’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher
limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher
limits maintained.
4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Consultant shall protect, defend, indemnify and hold
harmless City, its elected and appointed officers, agents, employees and volunteers (collectively,
“Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses,
(including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to
property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts,
omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and
contractors, arising out of or in connection with the performance of the Required Services, the results of such
performance, or this Agreement. This indemnity provision does not include any claims, damages, liability,
costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. 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 Indemnified Parties which may be in combination with the active or passive
negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party.
4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the
forgoing, if the services provided under this Agreement are design professional services, as defined by
California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity
obligation under Section 1, above, shall be limited to the extent required by California Civil Code section
2782.8.
DocuSign Envelope ID: 43A9793E-15A1-4E38-83B0-AFB2BD286556
2021/07/27 City Council Post Agenda Page 189 of 391
൧ City of Chula Vista Agreement No.: 2021-039
Consultant Name: RMA GROUP INC. Rev. 9/15/20
4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s
obligation to defend, at Consultant’s own cost, expense and risk, any and all suits, actions or other legal
proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the
limitations in this Section 4, Consultant shall pay and satisfy any judgment, award or decree that may be
rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs
incurred by any of them.
4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall
not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent
declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way
limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement.
4.5. Enforcement Costs. Consultant agrees to pay any and all costs City incurs in enforcing Consultant’s
obligations under this Section 4.
4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement.
5. FINANCIAL INTERESTS OF CONSULTANT.
5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code
require certain government officials and consultants performing work for government agencies to publicly
disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700).
In order to assure compliance with these requirements, Consultant shall comply with the disclosure
requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference.
5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700,
Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, or
its employees or subcontractors who will be performing the Required Services, in any real property or project
which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained
any company or person, other than a bona fide employee or approved subcontractor working solely for
Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid
or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent
upon or resulting from the award or making of this Agreement. Consultant further warrants and represents
that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or
otherwise, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant’s
subcontractors. Consultant further agrees to notify City in the event any such interest is discovered whether
or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties,
City shall have the right to rescind this Agreement without liability.
6. REMEDIES
6.1 Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the Required
Services under this Agreement, in a proper or timely manner, or if Consultant shall violate any of the other
covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and all other
rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to
terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the
Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior
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to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City
may grant Consultant up to ten (10) additional days after the designated termination date to effectuate such
cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and
all ”Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services.
Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant
may be entitled to compensation for work satisfactorily performed prior to Consultant’s receipt of the Default
notice; provided, however, in no event shall such compensation exceed the amount that would have been
payable under this Agreement for such work, and any such compensation shall be reduced by any costs
incurred or projected to be incurred by City as a result of the Default.
6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement,
or any portion of the Required Services, at any time and for any reason, with or without cause, by giving
specific written notice to Consultant of such termination or suspension at least fifteen (15) days prior to the
effective date thereof. Upon receipt of such notice, Consultant shall immediately cease all work under the
Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product
shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to
receive just and equitable compensation for this Work Product in an amount equal to the amount due and
payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension
notice plus any additional remaining Required Services requested or approved by City in advance that would
maximize City’s value under the Agreement.
6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this
Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of
such termination except as expressly provided in this Section 6.
6.4 Administrative Claims Requirements and Procedures. 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 be amended, the provisions of which, including such policies and procedures used by City
in the implementation of same, are incorporated herein by this reference. 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.
6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the
laws of the State of California. Any action arising under or relating to this Agreement shall be brought only
in San Diego County, State of California.
6.6 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If
Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the
California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first
class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A
to this Agreement, and that such service shall be effective five days after mailing.
7. OWNERSHIP AND USE OF WORK PRODUCT
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other
materials or properties produced in whole or in part under this Agreement in connection with the performance
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of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No
such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United
States or in any other country without the express, prior written consent of City. City shall have unrestricted
authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such
Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of
the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files
containing data generated as Work Product, Consultant shall make available to City, upon reasonable written
request by City, the necessary functional computer software and hardware for purposes of accessing,
compiling, transferring and printing computer files.
8. GENERAL PROVISIONS
8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties.
8.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique
qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement,
nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole
discretion.
8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they
have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder
without any further action or direction from Consultant or any board, principle or officer thereof.
8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an
original, but all of which shall constitute one Agreement after each Party has signed such a counterpart.
8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements
expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject
matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein
by reference. All prior or contemporaneous agreements, understandings, representations, warranties and
statements, oral or written, are superseded.
8.6 Record Retention. During the course of the Agreement and for three (3) years following completion
of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents,
reports, records, contracts, and supporting materials relating to the performance of the Agreement, including
accounting for costs and expenses charged to City, including such records in the possession of sub-
contractors/sub-consultants.
8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such
additional documents and instruments as may be reasonably required in order to carry out the provisions of
this Agreement and the intentions of the Parties.
8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent
contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the
conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related
Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed
employees of City, and none of them shall be entitled to any benefits to which City employees are entitled,
including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or
other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or
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any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely
responsible for the payment of same and shall hold the City harmless with respect to same. Consultant shall
not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees
or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability
whatsoever against City, or bind City in any manner.
8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to
have been properly given or served if personally served or deposited in the United States mail, addressed to
such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified
in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or
otherwise provided in writing.
8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of
the Parties included in this Agreement are intended to authenticate this writing and to have the same force and
effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached
to or logically associated with a record and executed and adopted by a Party with the intent to sign such record,
including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions
Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time.
(End of page. Next page is signature page.)
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SIGNATURE PAGE
CONSULTANT SERVICES AGREEMENT
IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant
agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and
consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date.
RMA GROUP INC. CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
SLAWEK DYMERSKI MARY CASILLAS SALAS
Vice President MAYOR
ATTEST
BY: ________________________________
Kerry K. Bigelow, MMC
City Clerk
APPROVED AS TO FORM
BY: ________________________________
Glen R. Googins
City Attorney
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EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Rosina Constanza, Senior Civil Engineer
276 Fourth Avenue
Building B
Chula Vista, Ca 91910
RConstanza@chulavistaca.gov
For Legal Notice Copy to:
City of Chula Vista
City Attorney
276 Fourth Avenue, Chula Vista, CA 91910
619-691-5037
CityAttorney@chulavistaca.gov
B. Consultant Contract Administration:
RMA GROUP INC.
Jenna Pena
6976 Convoy Court
San Diego, CA 92111
619-341-2373
jpena@rmacompanies.com
For Legal Notice Copy to:
Ed Lyon
12130 Santa Margarita Court
Rancho Cucamonga, CA 91730
909 989-1751
elyon@rmacompanies.com
2. Required Services
A. General Description:
Consultant will provide as-needed, on-call geotechnical, materials testing, and special inspection services to
the City’s Engineering and Capital Projects Department for those CIP Projects (each a “Project”; collectively
“Projects”) for which the City selects Consultant to perform such services.
All Required Services provided shall comply with the relevant standards and/or specifications listed: 2012
Standard Specifications for Public Works Construction (Green Book), 2012 Regional Supplement
Amendments, 2019 City of Chula Vista Standard Special Provisions, the San Diego Area Regional Standard
Drawings, City of Chula Vista Design and Construction Standard Drawings 2017, California Department of
Transportation (CALTRANS) Manual of Test, current American Society of Testing and Materials (ASTM),
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and Chapter 17 of the current California Building Code. The Green Book lists approximately 45 California
Department of Transportation (CALTRANS) test methods and 101 American Society of Testing and Materials
(ASTM) test methods.
I . Material Testing
The Consultant shall perform the required material testing, soils sampling and inspection in accordance
with test methods and standards established by the American Society for Testing and Materials (ASTM),
the State of California Department of Transportation (Caltrans), Specifications for Public Works
Construction (Green Book), the Regional Supplement Amendments, the City of Chula Vista Standard
Special Provisions, the San Diego Area Regional Standard Drawings, the City of Chula Vista Design and
Construction Standards, the Environmental Protection Agency (EPA) and Chapter 17 of the current
California Building Code as specified by the City Engineer.
II. Geotechnical Engineering
Consultant shall provide Geotechnical Engineering services for City projects during earthwork
construction operations that the City Engineer determines are necessary to meet finished grades shown
on the plans and cross sections.
Consultant shall provide Geotechnical Engineering observation during site preparation for placement of
fill and construction of sub-drainage systems. Consultant shall make recommendations regarding the
removal of unsuitable materials for fills and methods of compaction based upon previous geotechnical
investigations and Consultant’s own observations.
For tests results that failed, Consultant shall provide analysis of the failure and a recommendation of
possible solutions in a signed &stamped report to the City. On tests that passed, Consultant shall state
so in the signed and stamped report provided to the City. Said reports shall include the appropriate
specifications next to the test results.
III. Building Special Inspection
Consultant shall perform the required building special inspection services as directed by the City
in accordance with test methods and standards established by the American Society for Testing and
Materials (ASTM), the State of California Department of Transportation (Caltrans), Specifications for
Public Works Construction (Green Book), the Regional Supplement Amendments, the City of Chula
Vista Standard Special Provisions, the San Diego Area Regional Standard Drawings, the City of Chula
Vista Design and Construction Standards, the Environmental Protection Agency (EPA) and Chapter 17
of the current California Building Code as specified by the City Engineer.
B. Detailed Description:
Typical services that the City may require during the design phase of CIP projects may involve sampling
of existing pavement, base, and subgrade materials, as well as borings for deep trenches, excavations (cuts)
and embankment (fill) conditions. Appropriate testing of these materials would include analyses to determine
their engineering properties and their suitability for use as construction materials for public works construction.
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During the construction phase of CIP projects, the City may require geotechnical engineering services for
the observation of earthwork operations and directing the removal and compaction of alluvial soils and the
removal/replacement of unsuitable materials. In addition, sampling and testing of soils and construction
materials in accordance with Green Book specifications will be performed as directed by City Engineering
staff. Sampling and testing may also be performed at the material’s source of manufacturing or production.
The Consultant shall provide:
A. Materials testing laboratory facilities staffed with personnel qualified to perform sampling and
testing of portland cement concrete, soils, treated soils, crushed aggregate base, and bituminous materials,
as required. Pictures of Proposer’s laboratory facilities are expected to be provided with proposal.
The materials testing laboratory must have a documented Quality Assurance Program (“QAP”) in
conformance with City of Chula Vista Quality Assurance Program 2019. The Consultant must provide a
copy of the QAP on a yearly basis.
B. Geotechnical/soil engineering services shall be provided for City-funded projects during
earthwork construction operations. This may require the Consultant to provide geotechnical/soils
engineering observations during site preparation for placement of fill and construction of sub-drainage
systems. The Consultant may be required to make recommendations regarding the removal of unsuitable
materials for fills and methods of compaction based upon previous soils/ geotechnical investigations and
upon the Consultant’s own observations. The number and scope of such projects will vary from year-to-
year.
The City, in many cases, will provide the Consultant with geotechnical/soils reports that have been
prepared by other firms.
C. Personnel that are experienced in the testing of materials used in the construction of public works
facilities and familiar with the San Diego Area Regional Standard Drawings, the Green Book, California
Building Code and the City of Chula Vista codes, procedures, and regulations are required to satisfy the
requirements of the Consultant contract. The City shall have the right to make a determination as to the
qualifications of individual personnel and shall have the right to require substitution of non-qualified
individuals with qualified personnel. Personnel assigned to the City of Chula Vista projects shall obtain
approval from the City on an annual basis.
The Consultant’s QAP must include procedures and policies in which personnel are certified to perform
the materials testing and sampling requested by the City.
Consultant shall name the laboratory proposed to conduct testing and analysis in their task order proposals,
and provide City with the laboratory sampling and analysis results within three days of the completion of
laboratory testing.
D. Geotechnical, Materials Testing and Special Inspection Consulting Services in response to the
City’s request at the time and locations as determined by the City Engineer. Selected Proposers must be
capable of providing the requested services within one working day after receiving a request from the
City.
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E. A documented internal laboratory QAP for all required laboratory analyses and procedures. All
reference standards and equipment calibrations shall be traceable to the National Institute of Standards
and Technology.
F. Detailed report of samples collected for the Project. Reports should contain specific information
(i.e., laboratory address & name, date of receipt of sample, specific identifier (e.g. log #) for each sample,
test times, results, and method of disposal).
G. Certified copies of calibration and maintenance records on an annual basis or upon City’s request
for all instruments and devices to be utilized in field and laboratory analyses in accordance with the
Consultant’s QAP.
H. Provide the City of Chula Vista with all original data, reports, records, etc. of field and laboratory
analyses. Further, the Consultant shall maintain copies of all records related to field and laboratory testing
performed under the contract for a minimum of five years from the date of the sample, measurement,
report, etc. This period may be extended during the course of any unresolved litigation or when requested
by the City of Chula Vista.
I. Billing forms and procedures used shall be acceptable to the City and shall include all test reports
billed during that period.
J. Consultant shall provide City with written reports on test results within 3 working days after
completion of test results. Tests are to be e-mailed to City staff who have requested the services as final
test results are available.
K. Work not listed in schedule - If an occasion arise whereby the City requests work to be done which
is not listed in this schedule, the price of providing this work shall be negotiated in good faith between the
City and Consultant prior to Consultant begin work. The negotiated price(s) shall not exceed the Schedule
of charges labeled as Attachment “A”; Personnel Hourly Rates Fee Schedule (Prevailing Wage Rates) and
Attachment “B”; Materials Testing Services Fee Schedule (Prevailing Wage) attached to this agreement
between the City and Consultant.
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin July 27,
2021 and end on June 30, 2023 for completion of all Required Services. T he period of performance for each
specific Project shall be in accordance with the task order for that Project. If work on a Project task order is
in progress on the expiration date of the term of this Agreement, the terms of the Agreement and Project task
order shall be extended by contract amendment.
4. Compensation:
If selected to perform services for a Project, Consultant shall provide separate bill for each Project identified.
Every bill will list all work performed on the Project. The bill shall show total amount billed to date for Project,
payment received, and amount due. All work elements shall be itemized, i.e. tests performed, personnel
charges/hours, equipment costs, etc. All re-testing shall be identified and explained on the bill.
Consultant shall only be paid for work done on a Project at the written request of the City. If additional work is
requested by others, Consultant shall obtain written authorization from the City prior to commencing any such
services. In addition, the Consultant shall include on each respective bill the following documentation in support
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of the request for work: 1) party requesting the work, 2) party approving the work, 3) date of work, 4)
persons/entity performing the work, 5) time in and out, and 6) total of exact hours worked.
Compensation for the Required Services shall be paid for on personnel hourly rates as listed in Attachment “A”;
Personnel Hourly Rates Fee Schedule (Prevailing Wage Rates) and unit price per test basis, which shall include
all costs such as testing, reports, reports review, storing of specimens and test cylinders, as listed in Attachment
“B”; Materials Testing Services Fee Schedule (Prevailing Wage) for each City Project.
The Consultant shall forfeit and will not receive payment for the Required Services performed and billed to City
more than sixty (60) calendar days after performance of the Required Services.
A. Form of Compensation
☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2, above,
City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the Required
Services, at the rates or amounts as indicated below:
As provided on Attachments A & B
Consultant acknowledges and agrees that equipment hourly rates shall only be compensable for productive hours
at the location of work. Consultant acknowledges and agrees that travel time for equipment shall not be
compensable.
B. Reimbursement of Costs
☒ Invoiced or agreed-upon amounts as follows:
As provided on Attachments A and B hereto.
Consultant acknowledges and agrees that lodging and per-diem are not reimbursable expenses for work performed
within the San Diego region. Consultant acknowledges and agrees that out of region travel time, expenses,
lodging, and per-diem will not be reimbursed unless expressly authorizing and agreed to by City in writing on a
per Project basis.
Consultant acknowledges and agrees that when reprographics and courier services are requested by the City,
expenses will be reimbursed at cost when performed by a third-party business entity and only when accompanied
by a copy of original invoice.
Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through
July 30, 2023 shall not exceed $400,000.
5. Special Provisions:
☒ Permitted Sub-Consultants: PHOENIX NATIONAL LABORATORIES, INC.
BC LABORATORIES
☐ Security for Performance:
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☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement
for two (2) additional terms, defined as a one-year increment . The City Manager or Director of Finance/Treasurer
shall be authorized to exercise the extensions on behalf of the City. If the City exercises an option to extend, each
extension shall be on the same terms and conditions contained herein. If the City exercises an option to extend,
the maximum amount to be paid to the Consultant for services performed during each option term shall not exceed
$200,000. The City shall give written notice to Consultant of the City’s election to exercise the extension via the
Notice of Exercise of Option to Extend document.
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EXHIBIT B
INSURANCE REQUIREMENTS
Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the
following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x).
Type of Insurance Minimum Amount Form
☒ General Liability:
Including products and
completed operations,
personal and
advertising injury
$2,000,000 per occurrence for
bodily injury, personal injury
(including death), and property
damage. If Commercial General
Liability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence limit
Additional Insured Endorsement
or Blanket AI Endorsement for
City*
Waiver of Recovery Endorsement
Insurance Services Office Form
CG 00 01
*Must be primary and must not
exclude Products/Completed
Operations
☒ Automobile Liability $1,000,000 per accident for bodily
injury, including death, and
property damage
Insurance Services Office Form
CA 00 01
Code 1-Any Auto
Code 8-Hired
Code 9-Non Owned
☒ Workers’
Compensation
Employer’s Liability
$1,000,000 each accident
$1,000,000 disease policy limit
$1,000,000 disease each employee
Waiver of Recovery Endorsement
☒ Professional Liability
(Errors & Omissions)
$1,000,000 each occurrence
$2,000,000 aggregate
Other Negotiated Insurance Terms: “NONE”
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EXHIBIT C
CONSULTANT CONFLICT OF INTEREST DESIGNATION
The Political Reform Act1 and the Chula Vista Conflict of Interest Code 2 (“Code”) require designated state and
local government officials, including some consultants, to make certain public disclosures using a Statement of
Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of
the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics
training requirements.3
☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED 4 from disclosure.
☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES
(Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code .)
Name Email Address Applicable Designation
Enter Name of Each Individual
Who Will Be Providing Service
Under the Contract – If
individuals have different
disclosure requirements,
duplicate this row and
complete separately for each
individual
Enter email address(es) ☐ A. Full Disclosure
☐ B. Limited Disclosure (select one or more of
the categories under which the consultant shall file):
☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7.
Justification:
☐ C. Excluded from Disclosure
1. Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition
of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700.
2. Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online
filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required
annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement.
3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the
Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the
Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately
responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing
requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or
(866) 275-3772 *2.
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written
determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code.
Completed by: David Hicks, Associate Civil Engineer
1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704.
2 Chula Vista Municipal Code §§2.02.010-2.02.040.
3 Cal. Gov. Code §§53234, et seq.
4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg.
18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not include
corporation or limited liability company).
DocuSign Envelope ID: 43A9793E-15A1-4E38-83B0-AFB2BD286556
2021/07/27 City Council Post Agenda Page 202 of 391
57CITY OF CHULA VISTA | ON-CALL GEOTECHNICAL, MATERIALS TESTING & SPECIAL INSPECTION SERVICES
City of Chula Vista Request for Proposals On-Call Geotechnical, Materials Testing,
& Special Inspection Services
ATTACHMENT “A”
PERSONNEL HOURLY RATES FEE SCHEDULE
(PREVAILING WAGE RATES)
ENGINEERS, GEOLOGISTS AND SCIENTISTS PERSONNEL Hourly Rate
Principal Engineer/Geologist/Environmental Scientist
Senior Engineer/Geologist/Environmental Scientist
Project Engineer/Geologist/Environmental Scientist
Senior Staff Engineer/Geologist/Environmental Scientist
Staff Engineer/Geologist/Environmental Scientist
List any Others
TECHNICAL AND SUPPORT PERSONNEL Hourly Rate
Special Registered Inspector
Certified Welding Inspector/UT Inspector
Soils Technician
Materials Technician
Coring Technician - Concrete, Asphalt (Inc. Core Equipment and Truck)
Word Processor
Draftsperson/CADD
List any Others
OTHER CHARGES/Miscellanious Hourly Rate
Overtime & Saturday Rate
Travel
Equipment & Materials
List any Others
ATTACHMENT A
SCHEDULE OF FEES
$190
$170
$150
$140
$135
$99
$101
$99
$99
$99
$60
$90
$125
$125
1.4 X Hourly Rate
*Note
Special Inspection Supervisor
Project Manager
Portable Drilling Equipment w/ Operator
Diamond Bit Core Rig & Generator
Dutch Cone Penetrometer w/ Operator
Hollow Stem Aiger Drill w/ Operator
Bucket Auger Drill w/ Operator
Air Rotary Drill w/ Operator
$550
$650
$350
$500
$650
$650
*Note: No travel charges except for inspectors outside of City limits. Travel for inspectors outside of City limits
will be billed on a hourly basis in accordance with the above listed fees for the respective personnel.
DocuSign Envelope ID: 43A9793E-15A1-4E38-83B0-AFB2BD286556
2021/07/27 City Council Post Agenda Page 203 of 391
15CITY OF CHULA VISTA | ON-CALL GEOTECHNICAL, MATERIALS TESTING & SPECIAL INSPECTION SERVICES
*Some of the test methods listed below may be expired or may have been replaced. The most
recent and relevant test methods will be administered to suit project specific needs.
City of Chula Vista Request for Proposals On-Call Geotechnical, Materials Testing,
& Special Inspection Services
ATTACHMENT “B”
MATERIALS TESTING SERVICES FEE SCHEDULE
PREVAILING WAGE
PRIMARY TEST/NAME Test ID Fee per
Each Test
Tests
Performed in
the Proposer’s
Laboratory
Tests
Performed
by outside
Laboratory
CONCRETE MATERIAL TESTING
Compression Test, 6x12cylinder ASTM C39
Compression Test, Core *(excluding
sample preparation)
ASTM C42
Compression Test, Shotcrete panel
core (3 cores per panel). Per panel
ASTM C42
Concrete Mix Design or Mix Review
(excluding aggregate tests)
Saw cutting of Sample
MASONRY MATERIAL TESTING
Compression Test, Block (8x8x16 or
smaller), per 3 unit set
ASTM C67
Compression Test, Mortar, 2x4
cylinder (UBC)
ASTM C140
Compression Test, Grout (UBC) UBC 21-16
Compression Test, Core
Compression Test, Shear
Masonry Prism, Full Size (8x16x16),
each
ASTM C1314
Masonry Prism, Half Size (8x16x8),
each
ASTM C1314
Conformance Package (including all
testing and report, 6 units)
ASTM C90
AGGREGATE MATERIAL TESTING
Sieve Analysis, Coarse Aggregate ASTM C136
Sieve Analysis, Fine Aggregate ASTM C136
Specific Gravity, Coarse Aggregate, ASTM C127
Specific Gravity, Fine Aggregate , ASTM C128
pH & Resistivity, each
ASPHALT CONCRETE MATERIAL TESTING
Stability Test - Marshall, ave of 3, unit
weight & flow
ASTM D1559
Asphalt Concrete Mix Design or Mix
Review
ATTACHMENT B
$40
$100
$300
$250
$35
$125
$40
$50
$100
$110
$205
$205
$205
$240
$115
$250
$200
$100
$80
$300
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
DocuSign Envelope ID: 43A9793E-15A1-4E38-83B0-AFB2BD286556
2021/07/27 City Council Post Agenda Page 204 of 391
16CITY OF CHULA VISTA | ON-CALL GEOTECHNICAL, MATERIALS TESTING & SPECIAL INSPECTION SERVICES
*Some of the test methods listed below may be expired or may have been replaced. The most
recent and relevant test methods will be administered to suit project specific needs.City of Chula Vista Request for Proposals On-Call Geotechnical, Materials Testing,
& Special Inspection Services
PRIMARY TEST/NAME Test ID Fee per
Each Test
Tests
Performed in
the Proposer’s
Laboratory
Tests
Performed
by outside
Laboratory
Unit Weight Requiring Compaction,
(Marshall)
ASTM D1559,
T245
FULL DEPTH RECLAMATION SUBGRADES TESTING
Wetting & Drying compacted soil
cement mixtures (559)
ASTM D559-03
Freezing and Thawing compacted soil
cement mixtures (560)
ASTM D560-03
Moisture Density test for Soil Cement ASTM D558
Standard Test Method for Resistance
R-Value and Expansion Pressure of
Compacted Soils
ASTM D2844-
94
Standard Test Method for Unconfined
Compressive Strength of Compacted
Soil
ASTM D5102-
96
Observing Micro-Cracking operations
and performing stiffness testing of the
CTS materials using a Geogauge.
GEOTECHNICAL MATERIAL TESTING
Shear Tests (single point) ASTM D3080
Consolidation Tests ASTM D2435,
CT219
Moisture-Density ASTM D2216
C.B.R. Tests (Includes Compaction
Test)
ASTM D1883
Lime Treated CBR ASTM D1883
R-Value (Lime Treated) ASTM D2844,
CA TEST 301
Mechanical Analyses - Sieve Test ASTM C136
Mechanical Analyses - Hydrometer
Test
ASTM D421/
ASTM D422
Sand Equivalent ASTM D2419
Plasticity Index ASTM D4318
Expansion Index ASTM D4829
Specific Gravity ASTM D854
Unconfined Compression
Triaxial Tests - Std. Test, undrained,
unconsolidated
Triaxial Tests - Effective Stress Test
Remolded Samples (Preparation)
ATTACHMENT B
$335
$140
$150
$375
$440
$110
$100
$375
$275
$240
$45
$605
$605
$440
$240
$170
$335
$265
$75
$350
$350
Included
$335
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
DocuSign Envelope ID: 43A9793E-15A1-4E38-83B0-AFB2BD286556
2021/07/27 City Council Post Agenda Page 205 of 391
17CITY OF CHULA VISTA | ON-CALL GEOTECHNICAL, MATERIALS TESTING & SPECIAL INSPECTION SERVICES
*Some of the test methods listed below may be expired or may have been replaced. The most
recent and relevant test methods will be administered to suit project specific needs.City of Chula Vista Request for Proposals On-Call Geotechnical, Materials Testing,
& Special Inspection Services
PRIMARY TEST/NAME Test ID Fee per
Each Test
Tests
Performed in
the Proposer’s
Laboratory
Tests
Performed
by outside
Laboratory
Corosivity Tests (Sulfate, Chloride,
pH, min. resistivity)
LABORATORY METAL SERVICES - MECHANICAL TESTING
Mechanical Coupler Testing (Tensile,
Yield, Slippage & Sample
Preparation), each
Tensile Testing up to No. 11 Bar
(ultimate strength only), each
Tensile Testing No. 14 Bar (ultimate
strength only), each
Tensile Testing No. 18 Bar (ultimate
strength only), each
Tensile Testing (ultimate strength
only), Flat Bar Reduced Section, each
Tensile Testing (ultimate strength
only), Round Bar Reduced Section
0.505” Diameter, each
Tensile Testing (ultimate strength
only), Round Bar Reduced Section,
sub-size, each
Tensile Testing (ultimate strength
only), Yield Strength Testing (by
extensometer), each
Tensile, Full Section Tube, each
Bend Test, each
Fillet Weld Break Test, each
Charpy Impact: Ambient
Temperature, per set of 3
Charpy Impact: Ambient – 40F, per
set of 3
Charpy Impact: - 41F to –100F
Charpy Individual Specimens for
Transition Curve
Additional Charge for Reporting
Percent Shear, per set
Additional Charge for Reporting Mils
Lateral Expansion, per set
Rockwell Hardness, per set of 3
Sample Preparation (as required)
Bearing Pad Tests
ATTACHMENT B
$175
$100
$100
$160
$45
$50
$90
$75
$80
$50
$125
$45
$125
Included
$60
$60
$75
$125
Included
$330
Included
$1,400
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
DocuSign Envelope ID: 43A9793E-15A1-4E38-83B0-AFB2BD286556
2021/07/27 City Council Post Agenda Page 206 of 391
18CITY OF CHULA VISTA | ON-CALL GEOTECHNICAL, MATERIALS TESTING & SPECIAL INSPECTION SERVICES
*Some of the test methods listed below may be expired or may have been replaced. The most
recent and relevant test methods will be administered to suit project specific needs.City of Chula Vista Request for Proposals On-Call Geotechnical, Materials Testing,
& Special Inspection Services
PRIMARY TEST/NAME Test ID Fee per
Each Test
Tests
Performed in
the Proposer’s
Laboratory
Tests
Performed
by outside
Laboratory
Special Tests
LABORATORY METAL SERVICES - MACHINING
Charpy Impact Specimens, Carbon
Steel, per set of 3
Charpy Impact Specimens, Carbon
Steel, Sub-Size, per set of 3
Charpy Impact Specimens, Other
Materials, per set of 3
Charpy Impact Specimens, Other
Materials, Sub-Size, per set of 3
Carbon Steel, Flat Bar Reduced
Section, each
Carbon Steel, Round Bar 0.505”
Diameter, each
Carbon Steel, Round Bar Sub-Size,
each
Other Materials, Flat Bar Reduced
Section, each
Other Materials, Round Bar 0.505”
Diameter, each
Other Materials, Round Bar Sub-Size,
each
Macro Specimens, Carbon Steel, each
Macro Specimens, Other Materials,
each
General Machining Charge, per hour
LABORATORY METAL SERVICES - HIGH STRENGTH BOLT TESTING
Hardness (Bolt, Washer, Nut), each A-370
Bolt Assembly Standard Wedge, each
Bolt Proof testing, each
ASTM Testing METHODS
Fine Sieve Analysis with 200 Wash ASTM C117
Sieve Analysis of Fine and Coarse
Aggregate
ASTM C136
Compressive Strength – Concrete
Cylinder (Set of Three)
ASTM C39
Compaction Characteristics of Soil
Using the Modified Proctor Method
ASTM D1557
Maximum specific Gravity and ASTM D2041
ATTACHMENT B
$225
$350
$225
$350
$175
$200
$265
$280
$200
$280
$150
$175
$110
$90
$150
$90
$140
$240
$120
$290
$265
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
DocuSign Envelope ID: 43A9793E-15A1-4E38-83B0-AFB2BD286556
2021/07/27 City Council Post Agenda Page 207 of 391
19CITY OF CHULA VISTA | ON-CALL GEOTECHNICAL, MATERIALS TESTING & SPECIAL INSPECTION SERVICES
*Some of the test methods listed below may be expired or may have been replaced. The most
recent and relevant test methods will be administered to suit project specific needs.City of Chula Vista Request for Proposals On-Call Geotechnical, Materials Testing,
& Special Inspection Services
PRIMARY TEST/NAME Test ID Fee per
Each Test
Tests
Performed in
the Proposer’s
Laboratory
Tests
Performed
by outside
Laboratory
Density of Bituminous Paving
Mixtures
Extraction of Bitumen from
Bituminous Paving Mixtures
ASTM D2172
Sand Equivalent Value of Soils and
Fine Aggregates
ASTM D2419
Specific Gravity and Density of
Compacted Bituminous Paving
Mixtures
ASTM D2726
Consistency Test and Wet Track
Abrasion Test
ASTM D3910
Abrasion and Impact in the L.A.
Machine
ASTM C131
Potential Reactivity of Aggregate ASTM C289
Organic Impurities in Fine Concrete
Aggregates
ASTM C40
Testing Drilled Concrete Cores
(Compression Test Only, Set of 3)
ASTM C42
Flexural Strength of Concrete ASTM C78
Soundness of Aggregates by Use of
Sulfates
ASTM C88
Particle-Size Analysis of Soils ASTM D422
Caltrans Testing Methods
Sieve Analysis of Fine and Coarse
Aggregates
CA TEST 202
Relative Compaction of Untreated and
Treated Soils and Aggregates
CA TEST 216
Sand Equivalent CA TEST 217
Moisture Content in Soils by Oven
Drying
CA TEST 226
“R” Value of Soils by Stabilometer CA TEST 301
Preparation of Bituminous Mixtures
for Testing (Built into Hourly Rate)
CA TEST 304
Moisture Vapor Susceptibility of
Bituminous Mixtures
CA TEST 307
Specific Gravity and Weight of
Compressed Bituminous Mixtures
CA TEST 308
Design and Testing of Class “A”
Cement Treated Base (Complete CTB
Design, including laboratory
conformance testing of aggregates)
CA TEST 312
ATTACHMENT B
$165
$80
$65
$205
$335
$670
$135
$300
$125
$535
$240
$185
$265
$170
$45
$390
Included
$325
$25
$3,500
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
DocuSign Envelope ID: 43A9793E-15A1-4E38-83B0-AFB2BD286556
2021/07/27 City Council Post Agenda Page 208 of 391
20CITY OF CHULA VISTA | ON-CALL GEOTECHNICAL, MATERIALS TESTING & SPECIAL INSPECTION SERVICES
*Some of the test methods listed below may be expired or may have been replaced. The most
recent and relevant test methods will be administered to suit project specific needs.City of Chula Vista Request for Proposals On-Call Geotechnical, Materials Testing,
& Special Inspection Services
PRIMARY TEST/NAME Test ID Fee per
Each Test
Tests
Performed in
the Proposer’s
Laboratory
Tests
Performed
by outside
Laboratory
Stabilometer Value of Bituminous
Mixtures
CA TEST 366
Recommending Optimum Bitument
Content (OBC)
CA TEST 367
In-Place Density and Relative
Compaction of Asphalt Concrete
Pavement (Built into Hourly Rate)
CA TEST 375
Asphalt Content of Bituminous
Mixtures
CA TEST 379
Compressive Strength of Molded
Concrete Cylinders
CA TEST 521
Mixing, Storing, and Handling
Concrete Compressive Strength
Specimens in the Field (Built into
Hourly Rate)
CA TEST 540
Percentage of Crushed Particles CA TEST 205
Abrasion of Coarse (500 Revolutions)
Aggregate – L.A. Rattler (1,000
Revolutions)
CA TEST 211
Organic Impurities in Concrete Sand CA TEST 213
Soundness of Aggregates by Use of
Sodium Sulfate
CA TEST 214
Evaluating Cleanness of Coarse
Aggregates
CA TEST 227
Test for Durability Index CA TEST 229
Determination of Moisture in Soils,
Minerals Aggregates, and Bituminous
Mixtures by Xylene Reflux
Distillation
CA TEST 311
Others
ATTACHMENT B
$365
$200
Included
$275
Included
$205
$335
$135
$510
$390
$335
$175
$15
$15
$50
$15
SM 2540 CTotal Dissolved Solids (TDS)
Specific Conductivity
Oil and Grease
PH
120.0
1664 HEM
SM 4500H
$40
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
DocuSign Envelope ID: 43A9793E-15A1-4E38-83B0-AFB2BD286556
2021/07/27 City Council Post Agenda Page 209 of 391
ൡ City of Chula Vista Agreement No.: 2021-040
Consultant Name: WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC.
Rev. 9/15/20
CITY OF CHULA VISTA
CONSULTANT SERVICES AGREEMENT
WITH WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC.
TO PROVIDE ON-CALL GEOTECHNICAL, MATERIALS TESTING, AND SPECIAL INSPECTION
SERVICES
This Agreement is entered into effective as of July 27, 2021 (“Effective Date”) by and between the City of Chula
Vista, a chartered municipal corporation (“City”) and WOOD ENVIRONMENT & INFRASTRUCTURE
SOLUTIONS, INC., a Nevada Corporation (“Consultant”) (collectively, the “Parties” and, individually, a
“Party”) with reference to the following facts:
RECITALS
WHEREAS, the City has the need for the on-call Geotechnical, Materials Testing, and Special Inspection
consulting services during Capital Improvmenet Program (“CIP”) projects for both design and construction
phases; and
WHEREAS, in order to procure these services City solicited proposals in accordance with Chula Vista
Municipal Code Section 2.56.110 for “professional services” and received 10 proposals; and
WHEREAS, after the City Selection Committee completed their review of the proposals for all ten firms,
they selected WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC. as one of the four
consultants to provide these services; and
WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it
can deliver the services required of Consultant to City in accordance with the time frames and the terms and
conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
2021/07/27 City Council Post Agenda Page 210 of 391
ൢ City of Chula Vista Agreement No.: 2021-040
Consultant Name: WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC.
Rev. 9/15/20
2021/07/27 City Council Post Agenda Page 211 of 391
ൣ City of Chula Vista Agreement No.: 2021-040
Consultant Name: WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC.
Rev. 9/15/20
OBLIGATORY PROVISIONS
NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other
good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and
Consultant hereby agree as follows:
1. SERVICES
1.1 Required Services. Consultant agrees to perform the services, and deliver to City the “Deliverables” (if
any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time
frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables
described in Exhibit A shall be referred to herein as the “Required Services.”
1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time
to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing
so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding
reduction in the compensation associated with the reduction.
1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and
ordinances governing procurement and purchasing authority, City may request Consultant provide additional
services related to the Required Services (“Additional Services”). If so, City and Consultant agree to meet
and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additional
Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid
consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services”
shall also become “Required Services” for purposes of this Agreement.
1.4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services
hereunder shall be performed in accordance with the highest standard of care exercised by members of the
profession currently practicing under similar conditions and in similar locations.
1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual
approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry
standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry
standards, or the willful misconduct of the Consultant or its subcontractors.
1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for Consultant to
provide additional security for performance of its duties under this Agreement, Consultant shall provide such
additional security prior to commencement of its Required Services in the form and on the terms prescribed
on Exhibit A, or as otherwise prescribed by the City Attorney.
1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with
any and all applicable federal, state and local laws, including the Chula Vista Municipal Code.
1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from
City.
1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information
and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required
2021/07/27 City Council Post Agenda Page 212 of 391
City of Chula Vista Agreement No.: 2021-040
Consultant Name: WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC.
Rev. 9/15/20
Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and
personnel utilized by the Consultant to complete its obligations under this Agreement comply with all
applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any
subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant
shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this
Agreement.
1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s
commencement of the Required Services hereunder, and shall terminate when the Parties have complied with
all their obligations hereunder; provided, however, provisions which expressly survive termination shall
remain in effect.
2. COMPENSATION
2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant
in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment
are set forth in this Section 2.
2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed
each month, within thirty (30) days of the end of the month in which the services were performed, unless
otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date
of the Agreement. All charges must be presented in a line item format with each task separately explained in
reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced
to date, and the remaining amount available under any approved budget. Consultant must obtain prior written
authorization from City for any fees or expenses that exceed the estimated budget.
2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the
Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for
the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions
set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be
subject to a penalty of up to five percent (5%) of the amount invoiced.
2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed
on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the
holdback amount will be issued to Consultant.
2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant
in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless
specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred
by Consultant in the performance of the Required Services.
2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of
any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be
responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors,
omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors.
2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or
reimbursement for any Consultant costs related to the performance of Required Services does not constitute
2021/07/27 City Council Post Agenda Page 213 of 391
City of Chula Vista Agreement No.: 2021-040
Consultant Name: WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC.
Rev. 9/15/20
a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for
payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of
this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation
already paid, City will notify Consultant in writing and Consultant shall promptly return such amount.
3. INSURANCE
3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of
Required Services under this Agreement, and for twelve months after completion of Required Services, the
policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference
(the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section.
3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the
Required Insurance must be disclosed to and approved by City in advance of the commencement of work.
3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact
business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed
with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines
Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers’ Compensation
Insurance, insurance issued by the State Compensation Fund is also acceptable.
3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its
policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not
under its policies. Any separate coverage for sub-consultants must also comply with the terms of this
Agreement.
3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as
additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified
as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability
additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance
using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed
Operations coverage.
3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary
insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or
self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from
the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide
insurance.
3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required
insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail,
return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put
into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the
City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it
may have or may obtain to subrogation for a claim against City.
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൦ City of Chula Vista Agreement No.: 2021-040
Consultant Name: WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC.
Rev. 9/15/20
3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with
original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that
Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. 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” or any similar language must be deleted from all certificates. The
required certificates and endorsements should otherwise be on industry standard forms. The City reserves the
right to require, at any time, complete, certified copies of all required insurance policies, including
endorsements evidencing the coverage required by these specifications.
3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability
and/or Errors & Omissions coverage are required and are provided on a claims-made form, the following
requirements also apply:
a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning
of the work required by this Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5)
years after completion of the work required by this Agreement.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended
reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement.
d. A copy of the claims reporting requirements must be submitted to the City for review.
3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed
to limit the Consultant’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher
limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher
limits maintained.
4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Consultant shall protect, defend, indemnify and hold
harmless City, its elected and appointed officers, agents, employees and volunteers (collectively,
“Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses,
(including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to
property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts,
omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and
contractors, arising out of or in connection with the performance of the Required Services, the results of such
performance, or this Agreement. This indemnity provision does not include any claims, damages, liability,
costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. 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 Indemnified Parties which may be in combination with the active or passive
negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party.
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൧ City of Chula Vista Agreement No.: 2021-040
Consultant Name: WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC.
Rev. 9/15/20
4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the
forgoing, if the services provided under this Agreement are design professional services, as defined by
California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity
obligation under Section 1, above, shall be limited to the extent required by California Civil Code section
2782.8.
4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s
obligation to defend, at Consultant’s own cost, expense and risk, any and all suits, actions or other legal
proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the
limitations in this Section 4, Consultant shall pay and satisfy any judgment, award or decree that may be
rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs
incurred by any of them.
4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall
not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent
declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way
limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement.
4.5. Enforcement Costs. Consultant agrees to pay any and all costs City incurs in enforcing Consultant’s
obligations under this Section 4.
4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement.
5. FINANCIAL INTERESTS OF CONSULTANT.
5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code
require certain government officials and consultants performing work for government agencies to publicly
disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700).
In order to assure compliance with these requirements, Consultant shall comply with the disclosure
requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference.
5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700,
Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, or
its employees or subcontractors who will be performing the Required Services, in any real property or project
which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained
any company or person, other than a bona fide employee or approved subcontractor working solely for
Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid
or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent
upon or resulting from the award or making of this Agreement. Consultant further warrants and represents
that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or
otherwise, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant’s
subcontractors. Consultant further agrees to notify City in the event any such interest is discovered whether
or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties,
City shall have the right to rescind this Agreement without liability.
6. REMEDIES
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൨ City of Chula Vista Agreement No.: 2021-040
Consultant Name: WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC.
Rev. 9/15/20
6.1 Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the Required
Services under this Agreement, in a proper or timely manner, or if Consultant shall violate any of the other
covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and all other
rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to
terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the
Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior
to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City
may grant Consultant up to ten (10) additional days after the designated termination date to effectuate such
cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and
all ”Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services.
Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant
may be entitled to compensation for work satisfactorily performed prior to Consultant’s receipt of the Default
notice; provided, however, in no event shall such compensation exceed the amount that would have been
payable under this Agreement for such work, and any such compensation shall be reduced by any costs
incurred or projected to be incurred by City as a result of the Default.
6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement,
or any portion of the Required Services, at any time and for any reason, with or without cause, by giving
specific written notice to Consultant of such termination or suspension at least fifteen (15) days prior to the
effective date thereof. Upon receipt of such notice, Consultant shall immediately cease all work under the
Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product
shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to
receive just and equitable compensation for this Work Product in an amount equal to the amount due and
payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension
notice plus any additional remaining Required Services requested or approved by City in advance that would
maximize City’s value under the Agreement.
6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this
Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of
such termination except as expressly provided in this Section 6.
6.4 Administrative Claims Requirements and Procedures. 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 be amended, the provisions of which, including such policies and procedures used by City
in the implementation of same, are incorporated herein by this reference. 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.
6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the
laws of the State of California. Any action arising under or relating to this Agreement shall be brought only
in San Diego County, State of California.
6.6 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If
Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the
California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first
class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A
to this Agreement, and that such service shall be effective five days after mailing.
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൩ City of Chula Vista Agreement No.: 2021-040
Consultant Name: WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC.
Rev. 9/15/20
7. OWNERSHIP AND USE OF WORK PRODUCT
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other
materials or properties produced in whole or in part under this Agreement in connection with the performance
of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No
such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United
States or in any other country without the express, prior written consent of City. City shall have unrestricted
authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such
Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of
the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files
containing data generated as Work Product, Consultant shall make available to City, upon reasonable written
request by City, the necessary functional computer software and hardware for purposes of accessing,
compiling, transferring and printing computer files.
8. GENERAL PROVISIONS
8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties.
8.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique
qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement,
nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole
discretion.
8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they
have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder
without any further action or direction from Consultant or any board, principle or officer thereof.
8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an
original, but all of which shall constitute one Agreement after each Party has signed such a counterpart.
8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements
expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject
matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein
by reference. All prior or contemporaneous agreements, understandings, representations, warranties and
statements, oral or written, are superseded.
8.6 Record Retention. During the course of the Agreement and for three (3) years following completion
of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents,
reports, records, contracts, and supporting materials relating to the performance of the Agreement, including
accounting for costs and expenses charged to City, including such records in the possession of sub-
contractors/sub-consultants.
8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such
additional documents and instruments as may be reasonably required in order to carry out the provisions of
this Agreement and the intentions of the Parties.
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ൡൠ City of Chula Vista Agreement No.: 2021-040
Consultant Name: WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC.
Rev. 9/15/20
8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent
contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the
conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related
Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed
employees of City, and none of them shall be entitled to any benefits to which City employees are entitled,
including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or
other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or
any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely
responsible for the payment of same and shall hold the City harmless with respect to same. Consultant shall
not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees
or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability
whatsoever against City, or bind City in any manner.
8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to
have been properly given or served if personally served or deposited in the United States mail, addressed to
such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified
in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or
otherwise provided in writing.
8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of
the Parties included in this Agreement are intended to authenticate this writing and to have the same force and
effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached
to or logically associated with a record and executed and adopted by a Party with the intent to sign such record,
including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions
Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time.
(End of page. Next page is signature page.)
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ൡൡ City of Chula Vista Agreement No.: 2021-040
Consultant Name: WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC.
Rev. 9/15/20
SIGNATURE PAGE
CONSULTANT SERVICES AGREEMENT
IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant
agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and
consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date.
WOOD ENVIRONMENT &
INFRASTRUCTURE SOLUTIONS, INC.
CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
DAVID WILSON MARY CASILLAS SALAS
SENIOR ASSOCIATE ENGINEER MAYOR
ATTEST
BY: ________________________________
Kerry K. Bigelow, MMC
City Clerk
APPROVED AS TO FORM
BY: ________________________________
Glen R. Googins
City Attorney
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ൡൢ City of Chula Vista Agreement No.: 2021-040
Consultant Name: WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC.
Rev. 9/15/20
EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Rosina Constanza, Senior Civil Engineer
276 Fourth Avenue
Building B
Chula Vista, Ca 91910
RConstanza@chulavistaca.gov
For Legal Notice Copy to:
City of Chula Vista
City Attorney
276 Fourth Avenue, Chula Vista, CA 91910
619-691-5037
CityAttorney@chulavistaca.gov
B. Consultant Contract Administration:
WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC.
David Wilson
9177 Sky Park Court,
San Diego, CA 92123
858-514-6427
David.Wilson2@woodplc.com
For Legal Notice Copy to:
Francis Wiegand
9177 Sky Park Court
San Diego, CA 92123
858-514-6423
francis.wiegand@woodplc.com
2. Required Services
A. General Description:
Consultant will provide as-needed, on-call geotechnical, materials testing, and special inspection services to
the City’s Engineering and Capital Projects Department for those CIP Projects (each a “Project”; collectively
“Projects”) for which the City selects Consultant to perform such services.
All Required Services provided shall comply with the relevant standards and/or specifications listed: 2012
Standard Specifications for Public Works Construction (Green Book), 2012 Regional Supplement
Amendments, 2019 City of Chula Vista Standard Special Provisions, the San Diego Area Regional Standard
Drawings, City of Chula Vista Design and Construction Standard Drawings 2017, California Department of
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Consultant Name: WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC.
Rev. 9/15/20
Transportation (CALTRANS) Manual of Test, current American Society of Testing and Materials (ASTM),
and Chapter 17 of the current California Building Code. The Green Book lists approximately 45 California
Department of Transportation (CALTRANS) test methods and 101 American Society of Testing and Materials
(ASTM) test methods.
I . Material Testing
The Consultant shall perform the required material testing, soils sampling and inspection in accordance
with test methods and standards established by the American Society for Testing and Materials (ASTM),
the State of California Department of Transportation (Caltrans), Specifications for Public Works
Construction (Green Book), the Regional Supplement Amendments, the City of Chula Vista Standard
Special Provisions, the San Diego Area Regional Standard Drawings, the City of Chula Vista Design and
Construction Standards, the Environmental Protection Agency (EPA) and Chapter 17 of the current
California Building Code as specified by the City Engineer.
II. Geotechnical Engineering
Consultant shall provide Geotechnical Engineering services for City projects during earthwork
construction operations that the City Engineer determines are necessary to meet finished grades shown
on the plans and cross sections.
Consultant shall provide Geotechnical Engineering observation during site preparation for placement of
fill and construction of sub-drainage systems. Consultant shall make recommendations regarding the
removal of unsuitable materials for fills and methods of compaction based upon previous geotechnical
investigations and Consultant’s own observations.
For tests results that failed, Consultant shall provide analysis of the failure and a recommendation of
possible solutions in a signed &stamped report to the City. On tests that passed, Consultant shall state
so in the signed and stamped report provided to the City. Said reports shall include the appropriate
specifications next to the test results.
III. Building Special Inspection
Consultant shall perform the required building special inspection services as directed by the City
in accordance with test methods and standards established by the American Society for Testing and
Materials (ASTM), the State of California Department of Transportation (Caltrans), Specifications for
Public Works Construction (Green Book), the Regional Supplement Amendments, the City of Chula
Vista Standard Special Provisions, the San Diego Area Regional Standard Drawings, the City of Chula
Vista Design and Construction Standards, the Environmental Protection Agency (EPA) and Chapter 17
of the current California Building Code as specified by the City Engineer.
.
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ൡ City of Chula Vista Agreement No.: 2021-040
Consultant Name: WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC.
Rev. 9/15/20
B. Detailed Description:
Typical services that the City may require during the design phase of CIP projects may involve sampling
of existing pavement, base, and subgrade materials, as well as borings for deep trenches, excavations (cuts)
and embankment (fill) conditions. Appropriate testing of these materials would include analyses to determine
their engineering properties and their suitability for use as construction materials for public works construction.
During the construction phase of CIP projects, the City may require geotechnical engineering services for
the observation of earthwork operations and directing the removal and compaction of alluvial soils and the
removal/replacement of unsuitable materials. In addition, sampling and testing of soils and construction
materials in accordance with Green Book specifications will be performed as directed by City Engineering
staff. Sampling and testing may also be performed at the material’s source of manufacturing or production.
The Consultant shall provide:
A. Materials testing laboratory facilities staffed with personnel qualified to perform sampling and
testing of portland cement concrete, soils, treated soils, crushed aggregate base, and bituminous materials,
as required. Pictures of Proposer’s laboratory facilities are expected to be provided with proposal.
The materials testing laboratory must have a documented Quality Assurance Program (“QAP”) in
conformance with City of Chula Vista Quality Assurance Program 2019. The Consultant must provide a
copy of the QAP on a yearly basis.
B. Geotechnical/soil engineering services shall be provided for City-funded projects during
earthwork construction operations. This may require the Consultant to provide geotechnical/soils
engineering observations during site preparation for placement of fill and construction of sub-drainage
systems. The Consultant may be required to make recommendations regarding the removal of unsuitable
materials for fills and methods of compaction based upon previous soils/ geotechnical investigations and
upon the Consultant’s own observations. The number and scope of such projects will vary from year-to-
year.
The City, in many cases, will provide the Consultant with geotechnical/soils reports that have been
prepared by other firms.
C. Personnel that are experienced in the testing of materials used in the construction of public works
facilities and familiar with the San Diego Area Regional Standard Drawings, the Green Book, California
Building Code and the City of Chula Vista codes, procedures, and regulations are required to satisfy the
requirements of the Consultant contract. The City shall have the right to make a determination as to the
qualifications of individual personnel and shall have the right to require substitution of non-qualified
individuals with qualified personnel. Personnel assigned to the City of Chula Vista projects shall obtain
approval from the City on an annual basis.
The Consultant’s QAP must include procedures and policies in which personnel are certified to perform
the materials testing and sampling requested by the City.
Consultant shall name the laboratory proposed to conduct testing and analysis in their task order proposals,
and provide City with the laboratory sampling and analysis results within three days of the completion of
laboratory testing.
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ൡ City of Chula Vista Agreement No.: 2021-040
Consultant Name: WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC.
Rev. 9/15/20
D. Geotechnical, Materials Testing and Special Inspection Consulting Services in response to the
City’s request at the time and locations as determined by the City Engineer. Selected Proposers must be
capable of providing the requested services within one working day after receiving a request from the
City.
E. A documented internal laboratory QAP for all required laboratory analyses and procedures. All
reference standards and equipment calibrations shall be traceable to the National Institute of Standards
and Technology.
F. Detailed report of samples collected for the Project. Reports should contain specific information
(i.e., laboratory address & name, date of receipt of sample, specific identifier (e.g. log #) for each sample,
test times, results, and method of disposal).
G. Certified copies of calibration and maintenance records on an annual basis or upon City’s request
for all instruments and devices to be utilized in field and laboratory analyses in accordance with the
Consultant’s QAP.
H. Provide the City of Chula Vista with all original data, reports, records, etc. of field and laboratory
analyses. Further, the Consultant shall maintain copies of all records related to field and laboratory testing
performed under the contract for a minimum of five years from the date of the sample, measurement,
report, etc. This period may be extended during the course of any unresolved litigation or when requested
by the City of Chula Vista.
I. Billing forms and procedures used shall be acceptable to the City and shall include all test reports
billed during that period.
J. Consultant shall provide City with written reports on test results within 3 working days after
completion of test results. Tests are to be e-mailed to City staff who have requested the services as final
test results are available.
K. Work not listed in schedule - If an occasion arise whereby the City requests work to be done which
is not listed in this schedule, the price of providing this work shall be negotiated in good faith between the
City and Consultant prior to Consultant begin work. The negotiated price(s) shall not exceed the Schedule
of charges labeled as Attachment “A”; Personnel Hourly Rates Fee Schedule (Prevailing Wage Rates) and
Attachment “B”; Materials Testing Services Fee Schedule (Prevailing Wage) attached to this agreement
between the City and Consultant.
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin July 27,
2021 and end on June 30, 2023 for completion of all Required Services. The period of performance for each
specific Project shall be in accordance with the task order for that Project. If work on a Project task order is
in progress on the expiration date of the term of this Agreement, the terms of the Agreement and Project task
order shall be extended by contract amendment.
4. Compensation:
If selected to perform services for a Project, Consultant shall provide separate bill for each Project identified.
Every bill will list all work performed on the Project. The bill shall show total amount billed to date for Project,
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Consultant Name: WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC.
Rev. 9/15/20
payment received, and amount due. All work elements shall be itemized, i.e. tests performed, personnel
charges/hours, equipment costs, etc. All re-testing shall be identified and explained on the bill.
Consultant shall only be paid for work done on a Project at the written request of the City. If additional work is
requested by others, Consultant shall obtain written authorization from the City prior to commencing any such
services. In addition, the Consultant shall include on each respective bill the following documentation in support
of the request for work: 1) party requesting the work, 2) party approving the work, 3) date of work, 4)
persons/entity performing the work, 5) time in and out, and 6) total of exact hours worked.
Compensation for the Required Services shall be paid for on personnel hourly rates as listed in Attachment “A”;
Personnel Hourly Rates Fee Schedule (Prevailing Wage Rates) and unit price per test basis, which shall include
all costs such as testing, reports, reports review, storing of specimens and test cylinders, as listed in Attachment
“B”; Materials Testing Services Fee Schedule (Prevailing Wage) for each City Project.
The Consultant shall forfeit and will not receive payment for the Required Services performed and billed to City
more than sixty (60) calendar days after performance of the Required Services.
A. Form of Compensation
☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2, above,
City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the Required
Services, at the rates or amounts as indicated below:
As provided on Attachments A & B
Consultant acknowledges and agrees that equipment hourly rates shall only be compensable for productive hours
at the location of work. Consultant acknowledges and agrees that travel time for equipment shall not be
compensable.
B. Reimbursement of Costs
☒ Invoiced or agreed-upon amounts as follows:
As provided on Attachments A and B hereto.
Consultant acknowledges and agrees that lodging and per-diem are not reimbursable expenses for work performed
within the San Diego region. Consultant acknowledges and agrees that out of region travel time, expenses,
lodging, and per-diem will not be reimbursed unless expressly authorizing and agreed to by City in writing on a
per Project basis.
Consultant acknowledges and agrees that when reprographics and courier services are requested by the City,
expenses will be reimbursed at cost when performed by a third-party business entity and only when accompanied
by a copy of original invoice.
Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through
June 30, 2023 shall not exceed $400,000.
5. Special Provisions:
2021/07/27 City Council Post Agenda Page 225 of 391
ൡ൧ City of Chula Vista Agreement No.: 2021-040
Consultant Name: WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC.
Rev. 9/15/20
☒ Permitted Sub-Consultants: “None”
☐ Security for Performance:
☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement
for two (2) additional terms, defined as a one-year increment . The City Manager or Director of Finance/Treasurer
shall be authorized to exercise the extensions on behalf of the City. If the City exercises an option to extend, each
extension shall be on the same terms and conditions contained herein. If the City exercises an option to extend,
the maximum amount to be paid to the Consultant for services performed during each option term shall not exceed
$200,000. The City shall give written notice to Consultant of the City’s election to exercise the extension via the
Notice of Exercise of Option to Extend document.
2021/07/27 City Council Post Agenda Page 226 of 391
ൡ൨ City of Chula Vista Agreement No.: 2021-040
Consultant Name: WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC.
Rev. 9/15/20
EXHIBIT B
INSURANCE REQUIREMENTS
Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the
following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x).
Type of Insurance Minimum Amount Form
☒ General Liability:
Including products and
completed operations,
personal and
advertising injury
$2,000,000 per occurrence for
bodily injury, personal injury
(including death), and property
damage. If Commercial General
Liability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence limit
Additional Insured Endorsement
or Blanket AI Endorsement for
City*
Waiver of Recovery Endorsement
Insurance Services Office Form
CG 00 01
*Must be primary and must not
exclude Products/Completed
Operations
☒ Automobile Liability $1,000,000 per accident for bodily
injury, including death, and
property damage
Insurance Services Office Form
CA 00 01
Code 1-Any Auto
Code 8-Hired
Code 9-Non Owned
☒ Workers’
Compensation
Employer’s Liability
$1,000,000 each accident
$1,000,000 disease policy limit
$1,000,000 disease each employee
Waiver of Recovery Endorsement
☒ Professional Liability
(Errors & Omissions)
$1,000,000 each occurrence
$2,000,000 aggregate
Other Negotiated Insurance Terms: “NONE”
2021/07/27 City Council Post Agenda Page 227 of 391
ൡ൩ City of Chula Vista Agreement No.: 2021-040
Consultant Name: WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC.
Rev. 9/15/20
EXHIBIT C
CONSULTANT CONFLICT OF INTEREST DESIGNATION
The Political Reform Act1 and the Chula Vista Conflict of Interest Code 2 (“Code”) require designated state and
local government officials, including some consultants, to make certain public disclosures using a Statement of
Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of
the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics
training requirements.3
☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED 4 from disclosure.
☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES
(Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code .)
Name Email Address Applicable Designation
Enter Name of Each Individual
Who Will Be Providing Service
Under the Contract – If
individuals have different
disclosure requirements,
duplicate this row and
complete separately for each
individual
Enter email address(es) ☐ A. Full Disclosure
☐ B. Limited Disclosure (select one or more of
the categories under which the consultant shall file):
☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7.
Justification:
☐ C. Excluded from Disclosure
1. Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition
of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700.
2. Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online
filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required
annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement.
3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the
Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the
Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately
responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing
requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or
(866) 275-3772 *2.
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written
determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code.
Completed by: David Hicks, Associate Civil Engineer
1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704.
2 Chula Vista Municipal Code §§2.02.010-2.02.040.
3 Cal. Gov. Code §§53234, et seq.
4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg.
18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not include
corporation or limited liability company).
2021/07/27 City Council Post Agenda Page 228 of 391
City of Chula Vista Request for Proposals On-Call Geotechnical, Materials Testing,
& Special Inspection Services
ATTACHMENT “A”
PERSONNEL HOURLY RATES FEE SCHEDULE
(PREVAILING WAGE RATES)
ENGINEERS, GEOLOGISTS AND SCIENTISTS PERSONNEL Hourly Rate
Principal Engineer/Geologist/Environmental Scientist $228.00
Senior Engineer/Geologist/Environmental Scientist $152.00
Project Engineer/Geologist/Environmental Scientist $127.00
Senior Staff Engineer/Geologist/Environmental Scientist $101.00
Staff Engineer/Geologist/Environmental Scientist $89.00
TECHNICAL AND SUPPORT PERSONNEL Hourly Rate
*Special Registered Inspector $89.00
*Certified Welding Inspector/UT Inspector $114.00
*Soils Technician $76.00
*Materials Technician $76.00
*Coring Technician - Concrete, Asphalt (Inc. Core Equipment and Truck) $151.00
Word Processor $64.00
Draftsperson/CADD $102.00
*Non-Prevailing Wage Rate – off site / plant inspection / source inspection
Prevailing Wage Group 1 - Technician (Materials, Geotechnical, Environmental) $153.00
Prevailing Wage Group 2 - Special Registered Inspector/CWI Inspector $157.00
Prevailing Wage Group 3 - Nondestructive Testing Technician $161.00
Prevailing Wage Coring Technician - Concrete, Asphalt (Inc. Core Equipment and Truck) $228.00
Prevailing Wage Rates are based on PW Determination SD-23-63-3-2020-2D
OTHER CHARGES/Miscellanious Hourly Rate
Overtime & Saturday Rate
1.5x Standard
Rate
Travel *Actuals
Equipment & Materials – Specialized NDT Equipment as required and approved.
*Not to exceed GSA allowable rates
2021/07/27 City Council Post Agenda Page 229 of 391
City of Chula Vista Request for Proposals On-Call Geotechnical, Materials Testing,
& Special Inspection Services
ATTA CHMEN T
“B”
MATERIALS TESTING SERVICES FEE SCHEDULE
PREVAILING WAGE
PRIMARY TEST/NAME
Test ID
Fee per
Each Test
Tests
Performed in
the Proposer’s
Laboratory
Tests
Performed
by outside
Laboratory
CONCRETE MATERIAL TESTING
Compression Test, 6x12cylinder ASTM C39 $25 ✔
Compression Test, Core *(excluding
sample preparation)
ASTM C42 $55 ✔
Compression Test, Shotcrete panel
core (3 cores per panel). Per panel
ASTM C42 $275 ✔
Concrete Mix Design or Mix Review
(excluding aggregate tests)
$675 ✔
Saw cutting of Sample $25 ✔
MASONRY MATERIAL TESTING
Compression Test, Block (8x8x16 or
smaller), per 3 unit set
ASTM C67 $200 ✔
Compression Test, Mortar, 2x4
cylinder (UBC)
ASTM C140 $33 ✔
Compression Test, Grout (UBC) UBC 21-16 $40 ✔
Compression Test, Core $58 ✔
Compression Test, Shear $80 ✔
Masonry Prism, Full Size (8x16x16),
each
ASTM C1314 $230 ✔
Masonry Prism, Half Size (8x16x8),
each
ASTM C1314 $150 ✔
Conformance Package (including all
testing and report, 6 units)
ASTM C90 $675 ✔
AGGREGATE MATERIAL TESTING
Sieve Analysis, Coarse Aggregate ASTM C136 $128 ✔
Sieve Analysis, Fine Aggregate ASTM C136 $130 ✔
Specific Gravity, Coarse Aggregate, ASTM C127 $100 ✔
Specific Gravity, Fine Aggregate , ASTM C128 $130 ✔
pH & Resistivity, each $125 ✔
ASPHALT CONCRETE MATERIAL TESTING
Stability Test - Marshall, ave of 3, unit
weight & flow
ASTM D1559 $290 ✔
Asphalt Concrete Mix Design or Mix
Review
Scope Dependent
Q.O.R. ✔
2021/07/27 City Council Post Agenda Page 230 of 391
City of Chula Vista Request for Proposals On-Call Geotechnical, Materials Testing,
& Special Inspection Services
PRIMARY TEST/NAME
Test ID
Fee per
Each Test
Tests
Performed in
the Proposer’s
Laboratory
Tests
Performed
by outside
Laboratory
Unit Weight Requiring Compaction,
(Marshall)
ASTM D1559,
T245
$280 ✔
FULL DEPTH RECLAMATION SUBGRADES TESTING
Wetting & Drying compacted soil
cement mixtures (559)
ASTM D559-03 $650 ✔
Freezing and Thawing compacted soil
cement mixtures (560)
ASTM D560-03 $950 ✔
Moisture Density test for Soil Cement ASTM D558 $215 ✔
Standard Test Method for Resistance
R-Value and Expansion Pressure of
Compacted Soils
ASTM D2844-
94
$305 ✔
Standard Test Method for Unconfined
Compressive Strength of Compacted
Soil
ASTM D5102-
96
$195 ✔
Observing Micro-Cracking operations
and performing stiffness testing of the
CTS materials using a Geogauge.
$140 per
Hour
✔
GEOTECHNICAL MATERIAL TESTING
Shear Tests (single point) ASTM D3080 $180 ✔
Consolidation Tests ASTM D2435,
CT219
$475 ✔
Moisture-Density ASTM D2216 $35 ✔
C.B.R. Tests (Includes Compaction
Test)
ASTM D1883 $625 ✔
Lime Treated CBR ASTM D1883 $680 ✔
R-Value (Lime Treated) ASTM D2844,
CA TEST 301
$375 ✔
Mechanical Analyses - Sieve Test ASTM C136 $135 ✔
Mechanical Analyses - Hydrometer
Test
ASTM D421/
ASTM D422
$245 ✔
Sand Equivalent ASTM D2419 $115 ✔
Plasticity Index ASTM D4318 $180 ✔
Expansion Index ASTM D4829 $190 ✔
Specific Gravity ASTM D854 $145 ✔
Unconfined Compression $150 ✔
Triaxial Tests - Std. Test, undrained,
unconsolidated
$600 ✔
Triaxial Tests - Effective Stress Test $600 ✔
Remolded Samples (Preparation) $60 ✔
2021/07/27 City Council Post Agenda Page 231 of 391
City of Chula Vista Request for Proposals On-Call Geotechnical, Materials Testing,
& Special Inspection Services
PRIMARY TEST/NAME
Test ID
Fee per
Each Test
Tests
Performed in
the Proposer’s
Laboratory
Tests
Performed
by outside
Laboratory
Corosivity Tests (Sulfate, Chloride,
pH, min. resistivity)
$285 ✔
LABORATORY METAL SERVICES - MECHANICAL TESTING
Mechanical Coupler Testing (Tensile,
Yield, Slippage & Sample
Preparation), each
$230 ✔
Tensile Testing up to No. 11 Bar
(ultimate strength only), each
$70 ✔
Tensile Testing No. 14 Bar (ultimate
strength only), each
$100 ✔
Tensile Testing No. 18 Bar (ultimate
strength only), each
$135 ✔
Tensile Testing (ultimate strength
only), Flat Bar Reduced Section, each
$150 ✔
Tensile Testing (ultimate strength
only), Round Bar Reduced Section
0.505” Diameter, each
$150 ✔
Tensile Testing (ultimate strength
only), Round Bar Reduced Section,
sub-size, each
$125 ✔
Tensile Testing (ultimate strength
only), Yield Strength Testing (by
extensometer), each
$175 ✔
Tensile, Full Section Tube, each $180 ✔
Bend Test, each $55 ✔
Fillet Weld Break Test, each $105 ✔
Charpy Impact: Ambient
Temperature, per set of 3
$150 ✔
Charpy Impact: Ambient – 40°F, per
set of 3
$250 ✔
Charpy Impact: - 41°F to –100°F $1,200 ✔
Charpy Individual Specimens for
Transition Curve
$450 ✔
Additional Charge for Reporting
Percent Shear, per set
$100 ✔
Additional Charge for Reporting Mils
Lateral Expansion, per set
$100 ✔
Rockwell Hardness, per set of 3 $75 ✔
Sample Preparation (as required) $80 per hour ✔
Bearing Pad Tests Scope Dependent
Q.O.R. ✔
2021/07/27 City Council Post Agenda Page 232 of 391
City of Chula Vista Request for Proposals On-Call Geotechnical, Materials Testing,
& Special Inspection Services
PRIMARY TEST/NAME
Test ID
Fee per
Each Test
Tests
Performed in
the Proposer’s
Laboratory
Tests
Performed
by outside
Laboratory
Special Tests
LABORATORY METAL SERVICES - MACHINING
Charpy Impact Specimens, Carbon
Steel, per set of 3
$205 ✔
Charpy Impact Specimens, Carbon
Steel, Sub-Size, per set of 3
$205 ✔
Charpy Impact Specimens, Other
Materials, per set of 3
$205 ✔
Charpy Impact Specimens, Other
Materials, Sub-Size, per set of 3
$205 ✔
Carbon Steel, Flat Bar Reduced
Section, each
$100 ✔
Carbon Steel, Round Bar 0.505”
Diameter, each
$90 ✔
Carbon Steel, Round Bar Sub-Size,
each
$125 ✔
Other Materials, Flat Bar Reduced
Section, each
$125 ✔
Other Materials, Round Bar 0.505”
Diameter, each
$125 ✔
Other Materials, Round Bar Sub-Size,
each
$125 ✔
Macro Specimens, Carbon Steel, each $195 ✔
Macro Specimens, Other Materials,
each
$215 ✔
General Machining Charge, per hour $118 ✔
LABORATORY METAL SERVICES - HIGH STRENGTH BOLT TESTING
Hardness (Bolt, Washer, Nut), each A-370 $50 ✔
Bolt Assembly Standard Wedge, each $55 ✔
Bolt Proof testing, each $60 ✔
ASTM Testing METHODS
Fine Sieve Analysis with 200 Wash ASTM C117 $115 ✔
Sieve Analysis of Fine and Coarse
Aggregate
ASTM C136 $215 ✔
Compressive Strength – Concrete
Cylinder (Set of Three)
ASTM C39 $75 ✔
Compaction Characteristics of Soil
Using the Modified Proctor Method
ASTM D1557 $185 ✔
Maximum specific Gravity and ASTM D2041 $170 ✔
2021/07/27 City Council Post Agenda Page 233 of 391
City of Chula Vista Request for Proposals On-Call Geotechnical, Materials Testing,
& Special Inspection Services
PRIMARY TEST/NAME
Test ID
Fee per
Each Test
Tests
Performed in
the Proposer’s
Laboratory
Tests
Performed
by outside
Laboratory
Density of Bituminous Paving
Mixtures
Hourly Field
Tech Rate
✔
Extraction of Bitumen from
Bituminous Paving Mixtures
ASTM D2172 $245 ✔
Sand Equivalent Value of Soils and
Fine Aggregates
ASTM D2419 $115 ✔
Specific Gravity and Density of
Compacted Bituminous Paving
Mixtures
ASTM D2726 $70 ✔
Consistency Test and Wet Track
Abrasion Test
ASTM D3910 $210 ✔
Abrasion and Imp act in the L.A.
Machine
ASTM C131 $235 ✔
Potential Reactivity of Aggregate ASTM C289 $450 ✔
Organic Impurities in Fine Concrete
Aggregates
ASTM C40 $65 ✔
Testing Drilled Concrete Cores
(Compression Test Only, Set of 3)
ASTM C42 $180 ✔
Flexural Strength of Concrete ASTM C78 $75 ✔
Soundness of Aggregates by Use of
Sulfates
ASTM C88 $150 ✔
Particle-Size Analysis of Soils ASTM D422 $245 ✔
Caltrans Testing Methods
Sieve Analysis of Fine and Coarse
Aggregates
CA TEST 202 $215 ✔
Relative Compaction of Untreated and
Treated Soils and Aggregates
CA TEST 216 $200 ✔
Sand Equivalent CA TEST 217 $115 ✔
Moisture Content in Soils by Oven
Drying
CA TEST 226 $29 ✔
“R” Value of Soils by Stabilometer CA TEST 301 $305 ✔
Preparation of Bituminous Mixtures
for Testing (Built into Hourly Rate)
CA TEST 304 $165 ✔
Moisture Vapor Susceptibility of
Bituminous Mixtures
CA TEST 307 $335 ✔
Specific Gravity and Weight of
Compressed Bitumi nous Mixtures
CA TEST 308 $160 ✔
Design and Testing of Class “A”
Cement Treated Base (Complete CTB
Design, including laboratory
conformance testing of aggregates)
CA TEST 312 $1,200 ✔
2021/07/27 City Council Post Agenda Page 234 of 391
City of Chula Vista Request for Proposals On-Call Geotechnical, Materials Testing,
& Special Inspection Services
PRIMARY TEST/NAME
Test ID
Fee per
Each Test
Tests
Performed in
the Proposer’s
Laboratory
Tests
Performed
by outside
Laboratory
Stabilometer Value of Bituminous
Mixtures
CA TEST 366 $215 ✔
Recommending Optimum Bitument
Content (OBC)
CA TEST 367 $2,850 ✔
In-Place Density and Relative
Compaction of Asphalt Concrete
Pavement (Built into Hourly Rate)
CA TEST 375 Billed Hourly
Field Tech Rate
✔
Asphalt Content of Bituminous
Mixtures
CA TEST 379 $215 ✔
Compressive Strength of Molded
Concrete Cylinders
CA TEST 521 $25 ✔
Mixing, Storing, and Handling
Concrete Compressive Strength
Specimens in the Field (Built into
Hourly Rate)
CA TEST 540 No Charge ✔
Percentage of Crushed Particles CA TEST 205 $173 ✔
Abrasion of Coarse (500 Revolutions)
Aggregate – L.A. Rattler (1,000
Revolutions)
CA TEST 211 $235 ✔
Organic Impurities in Concrete Sand CA TEST 213 $65 ✔
Soundness of Aggregates by Use of
Sodium Sulfate
CA TEST 214 $150 ✔
Evaluating Cleanness of Coarse
Aggregates
CA TEST 227 $138 ✔
Test for Durability Index CA TEST 229 $165 ✔
Determination of Moisture in Soils,
Minerals Aggregates, and Bituminous
Mixtures by Xylene Reflux
Distillation
CA TEST 311 $1,300 ✔
Others
Ignition Oven, Agg Correction Factor Per
Mix
ASTM D6307 $1,050 ✔
2021/07/27 City Council Post Agenda Page 235 of 391
v . 0 03 P a g e | 1
July 27, 2021
ITEM TITLE
Roadway Resurfacing Program: Approval of a Service Agreement with the County of San Diego for the
County’s Roadway Resurfacing Program 2021-2022
Report Number: 21-0096
Location: 400 block of Claire Avenue, Country Trails Lane, Country Trails Court, El Rancho Vista, Via De
Laurencio & Vista Del Rancho all within the City of Chula Vista.
Department: Engineering & Capital Projects
Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California
Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities), Section 15302 Class
2 (Replacement or Reconstruction), and Section 15061(b)(3).
Recommended Action
Adopt a resolution approving a service agreement with the County of San Diego for Roadway Resurfacing.
SUMMARY
Pursuant to Government Code section 54981 the legislative body of the City is authorized to contract with
the legislative body of the County for the performance of municipal services within the territory of the City.
The County currently has Roadway Resurfacing projects of which the City has jurisdiction over various
segments of roads. County is offering to provide the roadway resurfacing on City segments for which the
City will reimburse the County for City Costs. Staff recommends that the service agreement for the roadway
resurfacing by the County on City streets be approved.
2021/07/27 City Council Post Agenda Page 236 of 391
P a g e | 2
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed project for compliance with the California
Environmental Quality Act (CEQA) and has determined that the Project qualifies for a Categorical Exemption
pursuant to State CEQA Guidelines Section 15301 Class 1 (Existing Facilities), Section 15302 Class 2
(Replacement or Reconstruction), and Section 15061(b)(3) because the proposed actions would not result
in a significant effect on the environment, create a cumulative impact, damage a scenic highway, or cause a
substantial adverse change in the significance of a historical resource. Thus, no further environmental review
is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
On March 19, 2021 the County contacted the City to consider roadway resurfacing project coordination on
roads that cross jurisdictional boundaries. The County’s Department of Public Works is currently working
on their annual pavement resurfacing program (County Project) tentatively scheduled for construction in
summer of 2022. The County Project is currently planned to include five roads that cross jurisdictional
boundaries into Chula Vista, Claire Ave, Country Trails Ln, Country Trails Ct, El Rancho Vista, Via De
Laurencio and Vista Del Rancho (Attachment 1 – Agreement Exhibit A). Without approval of the proposed
service agreement, the County Project would exclude work outside of the County’s jurisdiction.
With concurrence of both agencies, these pavement strategies may be amended at spot locations due to
localized rehabilitation methods that may come up.
As part of the agreement, the County is the lead agency on behalf of the City for the overall development and
implementation of the City Project. The County is providing services for which the City will reimburse the
County for the City portion of the project costs. The City will fund one hundred percent (100%) of the City
project and to deposit with County, within 30 days of executing the agreement, full value of the cost
(Attachment 1 – Agreement Exhibit B). Should unforeseen circumstances arise which result in an increase
of any costs over the full value costs, the City will in good faith amend the service agreement to include any
such additional costs subject to City Council approval, if applicable.
The City will be approving the County or it’s contractor’s Construction Permit application authorizing entry
onto the City’s right-of-way to perform all surveys and other field activities required for preparation of the
PS&E, utility coordination, and construction of the City Project, within 45 days of the application being
deemed complete. The City will be reimbursing the County or it’s contractor’s cost to obtain such permit and
for any requirements of said permit not required by County’s construction contract.
City staff will be providing oversight of the City project to review and approve as appropriate, of submittals
by County and to cooperate in processing of the City project. The proposed 2-party agreement (Attachment
1) has been reviewed and agreed upon by both parties.
With the large scale of the County Project, it is anticipated that unit bid prices will be lower in comparison to
typical City resurfacing projects. In addition, completion of the roadway resurfacing of both the County and
2021/07/27 City Council Post Agenda Page 237 of 391
P a g e | 3
City portions of these roadways concurrently would minimize disruptions to the neighborhood and reduce
potential constituent frustrations. Based on these reasons, it is recommended that the City Council adopt a
resolution approving the service agreement by and between the County and the City for roadway resurfacing.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council members and has found that Council Member
Galvez has property holdings within 1,000 feet of the boundaries of the property which is the subject of this
action. However, the decision solely concerns repairs, replacement or maintenance of existing streets, water,
sewer, storm drainage or similar facilities, and the member’s property will not be affected disproportionately
to other properties receiving the same services. Consequently, pursuant to California Code of Regulations
Title 2, sections 18700 and 18702.2(d)(1)), this item does not present a real property-related conflict of
interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
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.
CURRENT-YEAR FISCAL IMPACT
The contract agreement is in the amount of $223,814.86 full value cost. There are sufficient TransNet funds
in Pavement Management System CIP STM0408 Project to cover this expenditure. Therefore, no
appropriation is required.
ONGOING FISCAL IMPACT
There are no future fiscal year impacts as a result of this contract award. Upon completion of the project, the
improvements will require street maintenance.
ATTACHMENTS
1. Proposed 2-Party Agreement
Staff Contact: William S. Valle, Director of Engineering and Capital Projects
Patrick Moneda, Senior Civil Engineer
2021/07/27 City Council Post Agenda Page 238 of 391
Page 1 of 7
SERVICE AGREEMENT BY AND BETWEEN
COUNTY OF SAN DIEGO
AND
CITY OF CHULA VISTA
FOR
VISTA DEL RANCHO, VIA DE LAURENCIO, CLAIRE AVENUE, EL RANCHO VISTA, COUNTRY TRAILS LN,
COUNTRY TRAILS CT ROADWAY RESURFACING
This Service Agreement for Vista Del Rancho, Via de Laurencio, Claire Avenue, El Rancho Vista, Country
Trails Ln, and Country Trails Ct Roadway Resurfacing ("Agreement") is entered into this 27th day of July,
2021, by and between the County of San Diego, a political subdivision of the State of California
(hereinafter "COUNTY"), and the City of Chula Vista, a municipal corporation, (hereinafter "CITY") for
Roadway Resurfacing of Vista Del Rancho, Via De Laurencio, Claire Avenue, El Rancho Vista, Country Trails
Ln, and Country Trails Ct, located within the jurisdictional boundaries of CITY. The COUNTY and CITY may
be hereinafter referred to individually as a "PARTY" and collectively as the "PARTIES".
A. Pursuant to Government Code section 54981 the legislative body of the CITY is authorized to contract
with the legislative body of the COUNTY for the performance of municipal services within the territory
of the CITY.
B. The COUNTY currently has a Roadway Resurfacing project planned for six roads, Vista Del Rancho
from Chula Vista City Limit to Via De Laurencio, Via De Laurencio from Vista Del Rancho to Chula Vista
City Limit Enter, Claire Ave from Via De Laurencio to cul-de-sac, El Rancho Vista from Hilltop Dr to
Chula Vista City Limit, Country Trails Ln from Chula Vista City Limit to Country Vista Ln, Country Trails
Ct from Country Vista Ln to cul-de-sac, which excludes work outside of the COUNTY's jurisdiction
(“COUNTY PROJECT”).
C. The CITY currently has jurisdiction over various segments of roads in this Agreement within the
COUNTY PROJECT.
D. COUNTY and CITY have mutually agreed that the CITY portion of Vista Del Rancho, Via De Laurencio,
Claire Ave, El Rancho Vista, and Country Trail Ln are in need of roadway resurfacing.
E. The CITY limits of Vista Del Rancho, Via De Laurencio, Claire Ave, El Rancho Vista, Country Trails Ln,
and Country Trails Ct are shown on "Exhibit A". All improvements being proposed within CITY limits
shall be referred to as CITY PROJECT.
F. The roadway resurfacing on Vista Del Rancho, Via De Laurencio, Claire Avenue, El Rancho Vista,
Country Trails Ln, and Country Trails Ct will consist of asphalt concrete mill and inlay. The existing
surface will be milled to a depth of 2 inches to remove surface distresses and irregularities. Two inches
of asphalt concrete will then be placed within the milled section. With concurrence of both agencies,
this pavement strategy may be amended at spot locations due to localized rehabilitation methods
that may come up.
G. COUNTY and CITY desire to have one agency take the lead role in the implementation of the roadway
improvements to coordinate the improvements located in the two jurisdictions and to reduce overall
costs by processing the two separate jurisdictional improvements as one project.
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Page 2 of 7
H. COUNTY will provide the administrative, technical, managerial, and support services necessary for the
implementation of the CITY PROJECT. CITY will fund one hundred percent (100%) of the cost of the
CITY PROJECT. COUNTY will fund one hundred percent (100%) of the cost of the COUNTY PROJECT.
I. COUNTY and CITY desire to define herein the terms and conditions under which said CITY PROJECT is
to be administered, engineered, coordinated, and constructed.
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree as
follows:
SECTION 1 • COUNTY AGREES:
1. To act as the lead agency on behalf of the CITY for the overall development and implementation
of the CITY PROJECT. The COUNTY is providing services for which the CITY will reimburse COUNTY
as shown on Exhibit “B”.
2. To prepare, or cause to be prepared, detailed plans, specifications and estimates documents
(“PS&E”) for CITY PROJECT and submit to CITY for review and approval at appropriate stages of
development. Final plans for improvements shall be prepared to COUNTY and CITY standards and
signed by a Civil Engineer registered in the State of California. Deviations from standards shall be
coordinated with and approved by CITY.
3. To identify and locate all utility facilities within the limits of the CITY PROJECT as part of its design
responsibility. If any existing public and/or private utility facilities conflict with CITY PROJECT
construction, CITY and COUNTY shall coordinate and cooperate in good faith to make all necessary
arrangements with the owners of such facilities for their protection, adjustment, relocation, or
removal. CITY and COUNTY shall, in good faith, coordinate and cooperate to require the utility
owner and/or its contractors performing any relocation work within CITY's right-of-way to obtain
a CITY encroachment permit prior to the performance of said relocation work. CITY and COUNTY
shall, in good faith, coordinate and cooperate in the effort to establish prior rights related to utility
encroachments into each jurisdiction's right-of-way. In the case that any utility companies are
determined to have prior rights within the limits of the CITY PROJECT, the cost of relocating
utilities shall be borne by the CITY. In the case that any utility companies are determined to have
prior rights within the limits of the COUNTY PROJECT, the cost of relocating utilities shall be borne
by the COUNTY.
4. To make written application to CITY for a Construction Permit (PW-E-65) authorizing entry into
CITY's right-of-way for the purposes of constructing CITY PROJECT.
5. In accordance with Exhibit “C”, Agreement Designating Lead Agency, to act as the Lead Agency
under the California Environmental Quality Act (“CEQA”) for the CITY PROJECT. To advertise,
award and administer a public works contract for the construction of the CITY PROJECT in
accordance with all applicable federal, state or local statutes, ordinances, orders, governmental
requirements, laws or regulations, including but not limited to the local agency public
construction codes, the Chula Vista Municipal Code, the Chula Vista City Charter, California Labor
Code, and California Public Contract Code.
6. To furnish a representative to perform the function of Resident Engineer during construction of
CITY PROJECT.
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Page 3 of 7
7. To furnish qualified support staff to assist the Resident Engineer; such assistance shall include,
but not be limited to, construction surveys, soils and compaction tests, measurement and
computation of quantities, testing of construction materials, checking submittals, preparation of
estimates and reports, preparation of as-built drawings, and other inspection and staff services
necessary to assure that the construction is performed in accordance with the PS&E documents.
8. To construct the CITY PROJECT in accordance with approved PS&E documents.
9. To submit any contract change order that causes the amount of the CITY PROJECT improvements
to exceed $187,586 (as shown in Exhibit B) to CITY for review and approval prior to final
authorization by COUNTY.
10. To furnish CITY as-built plans, within one hundred and eighty (180) days following the completion
and acceptance of the CITY PROJECT construction contract.
11. To furnish CITY a final reconciliation of project expenses within ninety (90) days following the
completion and acceptance of the CITY PROJECT construction contract. If final costs associated
with the CITY's improvements are in excess of the Deposit provided in Section 2, COUNTY shall
include a final bill with the financial reconciliation. If final costs associated with the CITY's
improvements are less than the Deposit provided in Section 2, COUNTY shall reimburse CITY for
the difference with the financial reconciliation.
SECTION 2 • CITY AGREES:
1. To fund one hundred percent (100%) of the cost of the CITY PROJECT. CITY agrees that should
unforeseen circumstances arise which result in an increase of any costs over those shown in
"Exhibit B", CITY will in good faith amend this Agreement to include any such costs under this
Agreement, subject to City Council or other CITY approval as applicable.
2. To deposit with COUNTY, within 30 days of executing this Agreement, the full value of the COST
ESTIMATE (the "Deposit") as provided in Section 3.1 of this Agreement.
3. To approve the COUNTY’s or its contractor’s properly submitted and completed Public Right-of-
Way Permit application to authorize entry onto CITY’s right-of-way to perform all surveys and
other field activities required for preparation of the PS&E, utility coordination, and construction
of the CITY PROJECT within 45 days of the application being deemed complete. CITY agrees to
reimburse COUNTY for COUNTY’s, or its contractor’s, cost to obtain such permit and for any
requirements of said permit not required by COUNTY’s construction contract.
4. To provide a representative to coordinate with the COUNTY's Project Manager during the
development and the construction of CITY PROJECT, and to verify facilities are constructed as
required by this Agreement, if applicable.
5. To provide oversight of the CITY PROJECT, to provide reviews and approvals, as appropriate, of
submittals by COUNTY, and to cooperate in processing of the CITY PROJECT.
6. To pay within 45 days of receipt, the invoice for final reconciled cost in excess of the Deposit
amount for CITY PROJECT submitted by COUNTY for services rendered in accordance with this
Agreement, subject to City Council or other CITY approval as applicable.
SECTION 3 • IT IS MUTUALLY AGREED AS FOLLOWS:
1. The total cost to CITY to complete PS&E documents, construction, including construction survey,
inspection and a material testing for CITY PROJECT is estimated to be, two hundred twenty three
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Page 4 of 7
thousand, eight hundred fourteen dollars and eighty six cents ($223,814.86) as detailed in "Exhibit
B" (“COST ESTIMATE”).
2. COUNTY shall not be obligated to commence construction of the CITY PROJECT until after receipt
of CITY's Deposit as required in Section 2.
3. During any portion of the CITY PROJECT, if a cost overrun exceeding ten percent (10%) of the COST
ESTIMATE is identified, COUNTY and CITY shall endeavor to agree upon a course of action in a
timely manner to avoid construction delay, contractor mobilization, or similar costs.
4. Construction by COUNTY of improvements referred to herein which lie within CITY’s rights-of-way
shall not be commenced until a Public Right-of-Way Permit has been issued to COUNTY, or
COUNTY's contractor, authorizing such work.
5. The PARTIES shall obtain and/or cause any agent, subcontractor, or other representative of that
PARTY to maintain insurance at its own cost and expense, and keep in force and effect during the
term of this Agreement, including all extensions, policies of insurance or programs of self-
insurance with policy limits in sufficient amounts to cover any and all potential liability of such
PARTY hereunder. COUNTY shall ensure that any contractor or subcontractors working on the
CITY PROJECT will name the City of Chula Vista and its respective elected officials, officers,
employees, agents, and representatives as additional insureds under all policies of insurance, and
shall ensure that additional insured certificates be provided to CITY as specifically set forth in
Exhibit D, City of Chula Vista Insurance Requirements. COUNTY shall also ensure that any
contractor or subcontractor working on the CITY PROJECT will agree to defend and indemnify the
CITY and its respective elected officials, officers, employees, agents, and representatives against
any claims arising out of the CITY PROJECT, with the exception of claims arising out of the CITY’S
active negligence or willful misconduct. Ownership and title to all materials, equipment, and
appurtenances installed as part of this Agreement will be automatically vested with the
jurisdiction in which the improvements reside, and no further agreement will be necessary to
transfer ownership.
6. CITY shall be responsible for the maintenance of the improvements provided by CITY PROJECT.
COUNTY shall be responsible for the maintenance of the improvements provided by COUNTY
PROJECT.
7. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and
signed by all parties and no oral understanding or agreement not incorporated herein shall be
binding on each PARTY hereto.
8. In the event that either party defaults in the performance of any of its obligations under this
Agreement or materially breaches any of the provisions of this Agreement, the other party shall
have the option to terminate this Agreement for default.
9. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void,
or unenforceable, the same shall be deemed severable from the remainder of this Agreement,
and the remaining provisions shall nevertheless continue in full force without being impaired or
invalidated in any way.
10. This Agreement is to be construed in accordance with the laws of the State of California.
11. Neither the CITY nor COUNTY shall assign this Agreement without the written consent of the other
PARTY.
12. Any action at law or in equity brought by any of the parties hereto for the purpose of enforcing a
right or rights provided by this Agreement shall be tried in a court of competent jurisdiction in the
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Page 5 of 7
City and County of San Diego, State of California, and the parties hereto waive all provisions of
law providing for a change of venue in such proceedings to any other county.
13. This Agreement is the result of negotiations between the PARTIES hereto, and the advice and
assistance of their respective counsel. The fact that this Agreement was prepared as a matter of
convenience by CITY or COUNTY shall have no importance or significance. Any uncertainty or
ambiguity in this Agreement shall not be construed against the PARTY that prepared it in its final
form.
14. Any waiver by COUNTY or CITY of any breach by any other PARTY of any provision of this
Agreement shall not be construed to be a waiver of any subsequent or other breach of the same
or any other provision hereof. Failure on the part of COUNTY or CITY to require from any other
party exact, full and complete compliance with any of the provisions of this Agreement shall not
be construed as in any manner changing the terms hereof or stopping COUNTY or CITY from
enforcing this Agreement.
15. This Agreement and the Exhibits herein contain the entire agreement between the PARTIES and
are intended by the PARTIES to completely state the Agreement in full. Any agreement or
representation respecting the matters dealt with herein or the duties of any PARTY in relation
thereto, not expressly set forth in this Agreement, is null and void.
16. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights
in third parties not a party to this Agreement or affect the legal liability of any party to the
Agreement by imposing any standard of care with respect to the maintenance of roads different
from the standard of care imposed by law.
17. CITY and COUNTY shall retain or cause to be retained for audit, all records and accounts relating
to CITY PROJECT for a period of minimum three (3) years from the date of Notice of Completion
of the CITY PROJECT.
18. The Parties shall be in conformity with all applicable federal, State, County, and local laws, rules,
and regulations, current and hereinafter enacted, including facility and professional licensing
and/or certification laws and keep in effect any and all licenses, permits, notices and certificates
as are required. The Parties shall further comply with all laws applicable to wages and hours of
employment, occupational safety, and to fire safety, health and sanitation.
19. Any PARTY may propose amendments to this Agreement by providing written notice of such
amendments to the other PARTY. This Agreement may only be amended by a written amendment
signed by each PARTY’S administrator.
20. This Agreement only applies to the CITY PROJECT described herein and does not set forth any
additional current or future obligations or agreements between the parties, except that the
parties may by written amendment amend the scope of this Agreement.
21. This Agreement shall become effective on the date all of the parties have signed this Agreement
and be in force until two years from the execution date.
22. The COUNTY or CITY may, by written notice stating the extent and effective date, terminate this
Agreement for convenience in whole or in part, at any time prior to the award of a construction
contract for the CITY PROJECT by COUNTY.
23. This Agreement may be executed in any number of separate counterparts, each of which shall be
deemed an original but all of which when taken together shall constitute one and the same
instrument.
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24. All notices, demands, invoices, and other communications required or permitted hereunder shall
be in writing and delivered to the following addresses or such other address as the Parties may
designate:
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Page 7 of 7
COUNTY:
County of San Diego, Department of Public Works
Attn: Jeff Moneda, Director of Public Works
5510 Overland Ave, Suite 410
San Diego, CA 92123
Phone: (858) 694-2233
CITY:
City of Chula Vista, Department of Engineering & Capital Projects
William S. Valle, City Engineer
276 Fourth Avenue, Chula Vista, CA 91910
Attachments:
1. EXHIBIT A – PROJECT MAP
2. EXHIBIT B – ESTIMATED CITY PROJECT COSTS
3. EXHIBIT C – AGREEMENT DESIGNATING THE COUNTY OF SAN DIEGO AS THE LEAD AGENCY FOR
PROJECT
4. EXHIBIT D – CITY OF CHULA VISTA INSURANCE REQUIREMENTS
IN WITNESS WHEREOF, this Agreement is executed by the City of Chula Vista and the County of San Diego,
acting by and through their authorized officers.
COUNTY OF SAN DIEGO
BY: ____________________________
ANDREW POTTER
Executive Officer/ Clerk of the Board of Supervisors
DATE: _________________________
Approved as to form this ___ day of
________, 2021.
BY: _____________________
THOMAS BOSWORTH
County Counsel
CITY OF CHULA VISTA
BY: ______________________
MARY CASILLAS SALAS
Mayor
DATE: _____________________
ATTEST
BY: ______________________
KERRY K. BIGELOW, MMC
City Clerk
DATE: _____________________
Approved as to form this ___ day of
________, 2021.
BY: ________________________
GLEN R. GOOGINS
CITY ATTORNEY
2021/07/27 City Council Post Agenda Page 245 of 391
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A SERVICE AGREEMENT BY
AND BETWEEN THE CITY OF CHULA VISTA AND COUNTY
OF SAN DIEGO FOR THE COUNTY’S ROADWAY
RESURFACING PROGRAM 2021-2022
WHEREAS, Government Code section 54981 authorizes the City of Chula Vista (City) to
contract with the County of San Diego (County) for the performance of municipal services with
the territory of the City; and
WHEREAS, the County currently has planned roadway resurfacing projects that include
various segments of roads under the jurisdiction of the City; and
WHEREAS, County staff approached City staff about entering into an agreement whereby
the County would conduct resurfacing on City’s segments of roads (City Project), subject to
reimbursement of costs by the City, to achieve efficiencies in completing resurfacing projects in
both jurisdictions; and
WHEREAS, the large scale of the County project is likely to yield unit bid prices that are
lower than what City resurfacing projects would typically yield; and
WHEREAS, completion of the roadway resurfacing of both the County and City portions
of these roadways concurrently would minimize disruptions to the neighborhood and reduce
potential constituent frustrations; and
WHEREAS, the County will be the lead agency on behalf of the City for the overall
development and implementation of the City Project; and
WHEREAS, City staff will provide oversight for the City Project, as well as cooperate in
processing related approvals necessary for the City Project; and
WHEREAS, the estimated cost of the City Project and the proposed contract amount with
the County are $223,814.86, and there are sufficient TransNet funds in the Pavement Management
System CIP STM0408 project to cover this expenditure.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it:
1. Approves the Service Agreement by and between County of San Diego and City of
Chula Vista for Vista Del Rancho, Via De Laurencio, Claire Avenue, El Rancho
Vista, Country Trails Ln, Country Trails Ct Roadway Resurfacing, in the form
presented, with such minor modifications as may be required or approved by the
City Attorney.
2. Authorizes and directs the Mayor to execute the agreement.
2021/07/27 City Council Post Agenda Page 246 of 391
3. Directs that copies of the agreement shall be kept on file in the Office of the City
Clerk and Office of the City Engineer.
Presented by Approved as to form by
William S. Valle Glen R. Googins
Director of Engineering & Capital Projects City Attorney
Exhibit 1 – 2-Party Agreement
2021/07/27 City Council Post Agenda Page 247 of 391
Page 1 of 7
SERVICE AGREEMENT BY AND BETWEEN
COUNTY OF SAN DIEGO
AND
CITY OF CHULA VISTA
FOR
VISTA DEL RANCHO, VIA DE LAURENCIO, CLAIRE AVENUE, EL RANCHO VISTA, COUNTRY TRAILS LN,
COUNTRY TRAILS CT ROADWAY RESURFACING
This Service Agreement for Vista Del Rancho, Via de Laurencio, Claire Avenue, El Rancho Vista, Country
Trails Ln, and Country Trails Ct Roadway Resurfacing ("Agreement") is entered into this 27th day of July,
2021, by and between the County of San Diego, a political subdivision of the State of California
(hereinafter "COUNTY"), and the City of Chula Vista, a municipal corporation, (hereinafter "CITY") for
Roadway Resurfacing of Vista Del Rancho, Via De Laurencio, Claire Avenue, El Rancho Vista, Country Trails
Ln, and Country Trails Ct, located within the jurisdictional boundaries of CITY. The COUNTY and CITY may
be hereinafter referred to individually as a "PARTY" and collectively as the "PARTIES".
A. Pursuant to Government Code section 54981 the legislative body of the CITY is authorized to contract
with the legislative body of the COUNTY for the performance of municipal services within the territory
of the CITY.
B. The COUNTY currently has a Roadway Resurfacing project planned for six roads, Vista Del Rancho
from Chula Vista City Limit to Via De Laurencio, Via De Laurencio from Vista Del Rancho to Chula Vista
City Limit Enter, Claire Ave from Via De Laurencio to cul-de-sac, El Rancho Vista from Hilltop Dr to
Chula Vista City Limit, Country Trails Ln from Chula Vista City Limit to Country Vista Ln, Country Trails
Ct from Country Vista Ln to cul-de-sac, which excludes work outside of the COUNTY's jurisdiction
(“COUNTY PROJECT”).
C. The CITY currently has jurisdiction over various segments of roads in this Agreement within the
COUNTY PROJECT.
D. COUNTY and CITY have mutually agreed that the CITY portion of Vista Del Rancho, Via De Laurencio,
Claire Ave, El Rancho Vista, and Country Trail Ln are in need of roadway resurfacing.
E. The CITY limits of Vista Del Rancho, Via De Laurencio, Claire Ave, El Rancho Vista, Country Trails Ln,
and Country Trails Ct are shown on "Exhibit A". All improvements being proposed within CITY limits
shall be referred to as CITY PROJECT.
F. The roadway resurfacing on Vista Del Rancho, Via De Laurencio, Claire Avenue, El Rancho Vista,
Country Trails Ln, and Country Trails Ct will consist of asphalt concrete mill and inlay. The existing
surface will be milled to a depth of 2 inches to remove surface distresses and irregularities. Two inches
of asphalt concrete will then be placed within the milled section. With concurrence of both agencies,
this pavement strategy may be amended at spot locations due to localized rehabilitation methods
that may come up.
G. COUNTY and CITY desire to have one agency take the lead role in the implementation of the roadway
improvements to coordinate the improvements located in the two jurisdictions and to reduce overall
costs by processing the two separate jurisdictional improvements as one project.
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Page 2 of 7
H. COUNTY will provide the administrative, technical, managerial, and support services necessary for the
implementation of the CITY PROJECT. CITY will fund one hundred percent (100%) of the cost of the
CITY PROJECT. COUNTY will fund one hundred percent (100%) of the cost of the COUNTY PROJECT.
I. COUNTY and CITY desire to define herein the terms and conditions under which said CITY PROJECT is
to be administered, engineered, coordinated, and constructed.
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree as
follows:
SECTION 1 • COUNTY AGREES:
1. To act as the lead agency on behalf of the CITY for the overall development and implementation
of the CITY PROJECT. The COUNTY is providing services for which the CITY will reimburse COUNTY
as shown on Exhibit “B”.
2. To prepare, or cause to be prepared, detailed plans, specifications and estimates documents
(“PS&E”) for CITY PROJECT and submit to CITY for review and approval at appropriate stages of
development. Final plans for improvements shall be prepared to COUNTY and CITY standards and
signed by a Civil Engineer registered in the State of California. Deviations from standards shall be
coordinated with and approved by CITY.
3. To identify and locate all utility facilities within the limits of the CITY PROJECT as part of its design
responsibility. If any existing public and/or private utility facilities conflict with CITY PROJECT
construction, CITY and COUNTY shall coordinate and cooperate in good faith to make all necessary
arrangements with the owners of such facilities for their protection, adjustment, relocation, or
removal. CITY and COUNTY shall, in good faith, coordinate and cooperate to require the utility
owner and/or its contractors performing any relocation work within CITY's right-of-way to obtain
a CITY encroachment permit prior to the performance of said relocation work. CITY and COUNTY
shall, in good faith, coordinate and cooperate in the effort to establish prior rights related to utility
encroachments into each jurisdiction's right-of-way. In the case that any utility companies are
determined to have prior rights within the limits of the CITY PROJECT, the cost of relocating
utilities shall be borne by the CITY. In the case that any utility companies are determined to have
prior rights within the limits of the COUNTY PROJECT, the cost of relocating utilities shall be borne
by the COUNTY.
4. To make written application to CITY for a Construction Permit (PW-E-65) authorizing entry into
CITY's right-of-way for the purposes of constructing CITY PROJECT.
5. In accordance with Exhibit “C”, Agreement Designating Lead Agency, to act as the Lead Agency
under the California Environmental Quality Act (“CEQA”) for the CITY PROJECT. To advertise,
award and administer a public works contract for the construction of the CITY PROJECT in
accordance with all applicable federal, state or local statutes, ordinances, orders, governmental
requirements, laws or regulations, including but not limited to the local agency public
construction codes, the Chula Vista Municipal Code, the Chula Vista City Charter, California Labor
Code, and California Public Contract Code.
6. To furnish a representative to perform the function of Resident Engineer during construction of
CITY PROJECT.
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Page 3 of 7
7. To furnish qualified support staff to assist the Resident Engineer; such assistance shall include,
but not be limited to, construction surveys, soils and compaction tests, measurement and
computation of quantities, testing of construction materials, checking submittals, preparation of
estimates and reports, preparation of as-built drawings, and other inspection and staff services
necessary to assure that the construction is performed in accordance with the PS&E documents.
8. To construct the CITY PROJECT in accordance with approved PS&E documents.
9. To submit any contract change order that causes the amount of the CITY PROJECT improvements
to exceed $187,586 (as shown in Exhibit B) to CITY for review and approval prior to final
authorization by COUNTY.
10. To furnish CITY as-built plans, within one hundred and eighty (180) days following the completion
and acceptance of the CITY PROJECT construction contract.
11. To furnish CITY a final reconciliation of project expenses within ninety (90) days following the
completion and acceptance of the CITY PROJECT construction contract. If final costs associated
with the CITY's improvements are in excess of the Deposit provided in Section 2, COUNTY shall
include a final bill with the financial reconciliation. If final costs associated with the CITY's
improvements are less than the Deposit provided in Section 2, COUNTY shall reimburse CITY for
the difference with the financial reconciliation.
SECTION 2 • CITY AGREES:
1. To fund one hundred percent (100%) of the cost of the CITY PROJECT. CITY agrees that should
unforeseen circumstances arise which result in an increase of any costs over those shown in
"Exhibit B", CITY will in good faith amend this Agreement to include any such costs under this
Agreement, subject to City Council or other CITY approval as applicable.
2. To deposit with COUNTY, within 30 days of executing this Agreement, the full value of the COST
ESTIMATE (the "Deposit") as provided in Section 3.1 of this Agreement.
3. To approve the COUNTY’s or its contractor’s properly submitted and completed Public Right-of-
Way Permit application to authorize entry onto CITY’s right-of-way to perform all surveys and
other field activities required for preparation of the PS&E, utility coordination, and construction
of the CITY PROJECT within 45 days of the application being deemed complete. CITY agrees to
reimburse COUNTY for COUNTY’s, or its contractor’s, cost to obtain such permit and for any
requirements of said permit not required by COUNTY’s construction contract.
4. To provide a representative to coordinate with the COUNTY's Project Manager during the
development and the construction of CITY PROJECT, and to verify facilities are constructed as
required by this Agreement, if applicable.
5. To provide oversight of the CITY PROJECT, to provide reviews and approvals, as appropriate, of
submittals by COUNTY, and to cooperate in processing of the CITY PROJECT.
6. To pay within 45 days of receipt, the invoice for final reconciled cost in excess of the Deposit
amount for CITY PROJECT submitted by COUNTY for services rendered in accordance with this
Agreement, subject to City Council or other CITY approval as applicable.
SECTION 3 • IT IS MUTUALLY AGREED AS FOLLOWS:
1. The total cost to CITY to complete PS&E documents, construction, including construction survey,
inspection and a material testing for CITY PROJECT is estimated to be, two hundred twenty three
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Page 4 of 7
thousand, eight hundred fourteen dollars and eighty six cents ($223,814.86) as detailed in "Exhibit
B" (“COST ESTIMATE”).
2. COUNTY shall not be obligated to commence construction of the CITY PROJECT until after receipt
of CITY's Deposit as required in Section 2.
3. During any portion of the CITY PROJECT, if a cost overrun exceeding ten percent (10%) of the COST
ESTIMATE is identified, COUNTY and CITY shall endeavor to agree upon a course of action in a
timely manner to avoid construction delay, contractor mobilization, or similar costs.
4. Construction by COUNTY of improvements referred to herein which lie within CITY’s rights-of-way
shall not be commenced until a Public Right-of-Way Permit has been issued to COUNTY, or
COUNTY's contractor, authorizing such work.
5. The PARTIES shall obtain and/or cause any agent, subcontractor, or other representative of that
PARTY to maintain insurance at its own cost and expense, and keep in force and effect during the
term of this Agreement, including all extensions, policies of insurance or programs of self-
insurance with policy limits in sufficient amounts to cover any and all potential liability of such
PARTY hereunder. COUNTY shall ensure that any contractor or subcontractors working on the
CITY PROJECT will name the City of Chula Vista and its respective elected officials, officers,
employees, agents, and representatives as additional insureds under all policies of insurance, and
shall ensure that additional insured certificates be provided to CITY as specifically set forth in
Exhibit D, City of Chula Vista Insurance Requirements. COUNTY shall also ensure that any
contractor or subcontractor working on the CITY PROJECT will agree to defend and indemnify the
CITY and its respective elected officials, officers, employees, agents, and representatives against
any claims arising out of the CITY PROJECT, with the exception of claims arising out of the CITY’S
active negligence or willful misconduct. Ownership and title to all materials, equipment, and
appurtenances installed as part of this Agreement will be automatically vested with the
jurisdiction in which the improvements reside, and no further agreement will be necessary to
transfer ownership.
6. CITY shall be responsible for the maintenance of the improvements provided by CITY PROJECT.
COUNTY shall be responsible for the maintenance of the improvements provided by COUNTY
PROJECT.
7. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and
signed by all parties and no oral understanding or agreement not incorporated herein shall be
binding on each PARTY hereto.
8. In the event that either party defaults in the performance of any of its obligations under this
Agreement or materially breaches any of the provisions of this Agreement, the other party shall
have the option to terminate this Agreement for default.
9. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void,
or unenforceable, the same shall be deemed severable from the remainder of this Agreement,
and the remaining provisions shall nevertheless continue in full force without being impaired or
invalidated in any way.
10. This Agreement is to be construed in accordance with the laws of the State of California.
11. Neither the CITY nor COUNTY shall assign this Agreement without the written consent of the other
PARTY.
12. Any action at law or in equity brought by any of the parties hereto for the purpose of enforcing a
right or rights provided by this Agreement shall be tried in a court of competent jurisdiction in the
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Page 5 of 7
City and County of San Diego, State of California, and the parties hereto waive all provisions of
law providing for a change of venue in such proceedings to any other county.
13. This Agreement is the result of negotiations between the PARTIES hereto, and the advice and
assistance of their respective counsel. The fact that this Agreement was prepared as a matter of
convenience by CITY or COUNTY shall have no importance or significance. Any uncertainty or
ambiguity in this Agreement shall not be construed against the PARTY that prepared it in its final
form.
14. Any waiver by COUNTY or CITY of any breach by any other PARTY of any provision of this
Agreement shall not be construed to be a waiver of any subsequent or other breach of the same
or any other provision hereof. Failure on the part of COUNTY or CITY to require from any other
party exact, full and complete compliance with any of the provisions of this Agreement shall not
be construed as in any manner changing the terms hereof or stopping COUNTY or CITY from
enforcing this Agreement.
15. This Agreement and the Exhibits herein contain the entire agreement between the PARTIES and
are intended by the PARTIES to completely state the Agreement in full. Any agreement or
representation respecting the matters dealt with herein or the duties of any PARTY in relation
thereto, not expressly set forth in this Agreement, is null and void.
16. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights
in third parties not a party to this Agreement or affect the legal liability of any party to the
Agreement by imposing any standard of care with respect to the maintenance of roads different
from the standard of care imposed by law.
17. CITY and COUNTY shall retain or cause to be retained for audit, all records and accounts relating
to CITY PROJECT for a period of minimum three (3) years from the date of Notice of Completion
of the CITY PROJECT.
18. The Parties shall be in conformity with all applicable federal, State, County, and local laws, rules,
and regulations, current and hereinafter enacted, including facility and professional licensing
and/or certification laws and keep in effect any and all licenses, permits, notices and certificates
as are required. The Parties shall further comply with all laws applicable to wages and hours of
employment, occupational safety, and to fire safety, health and sanitation.
19. Any PARTY may propose amendments to this Agreement by providing written notice of such
amendments to the other PARTY. This Agreement may only be amended by a written amendment
signed by each PARTY’S administrator.
20. This Agreement only applies to the CITY PROJECT described herein and does not set forth any
additional current or future obligations or agreements between the parties, except that the
parties may by written amendment amend the scope of this Agreement.
21. This Agreement shall become effective on the date all of the parties have signed this Agreement
and be in force until two years from the execution date.
22. The COUNTY or CITY may, by written notice stating the extent and effective date, terminate this
Agreement for convenience in whole or in part, at any time prior to the award of a construction
contract for the CITY PROJECT by COUNTY.
23. This Agreement may be executed in any number of separate counterparts, each of which shall be
deemed an original but all of which when taken together shall constitute one and the same
instrument.
2021/07/27 City Council Post Agenda Page 252 of 391
Page 6 of 7
24. All notices, demands, invoices, and other communications required or permitted hereunder shall
be in writing and delivered to the following addresses or such other address as the Parties may
designate:
2021/07/27 City Council Post Agenda Page 253 of 391
Page 7 of 7
COUNTY:
County of San Diego, Department of Public Works
Attn: Jeff Moneda, Director of Public Works
5510 Overland Ave, Suite 410
San Diego, CA 92123
Phone: (858) 694-2233
CITY:
City of Chula Vista, Department of Engineering & Capital Projects
William S. Valle, City Engineer
276 Fourth Avenue, Chula Vista, CA 91910
Attachments:
1. EXHIBIT A – PROJECT MAP ATTACHED
2. EXHIBIT B – ESTIMATED CITY PROJECT COSTS
3. EXHIBIT C – AGREEMENT DESIGNATING THE COUNTY OF SAN DIEGO AS THE LEAD AGENCY FOR
PROJECT
4. EXHIBIT D – CITY OF CHULA VISTA INSURANCE REQUIREMENTS
IN WITNESS WHEREOF, this Agreement is executed by the City of Chula Vista and the County of San Diego,
acting by and through their authorized officers.
COUNTY OF SAN DIEGO
BY: ____________________________
ANDREW POTTER
Executive Officer/ Clerk of the Board of Supervisors
DATE: _________________________
Approved as to form this ___ day of
________, 2021.
BY: _____________________
THOMAS BOSWORTH
County Counsel
CITY OF CHULA VISTA
BY: ______________________
MARY CASILLAS SALAS
Mayor
DATE: _____________________
ATTEST
BY: ______________________
KERRY K. BIGELOW, MMC
City Clerk
DATE: _____________________
Approved as to form this ___ day of
________, 2021.
BY: ________________________
GLEN R. GOOGINS
CITY ATTORNEY
2021/07/27 City Council Post Agenda Page 254 of 391
County DPW Resurfacing ExhibitVista Del RanchoCounty of San Diego0.03 Miles, 2 LanesCity of Chula Vista0.02 Miles, 2 Lanes2021/07/27 City Council Post Agenda Page 255 of 391
County DPW Resurfacing Exhibit Via De LaurencioCity of Chula Vista0.12 Miles, 2 Lanes2021/07/27 City Council Post Agenda Page 256 of 391
County DPW Resurfacing ExhibitClaire AvenueCity of Chula Vista0.02 Miles, 2 Lanes2021/07/27 City Council Post Agenda Page 257 of 391
County DPW Resurfacing ExhibitEl Rancho VistaCity of Chula Vista0.04 Miles, 2 LanesCounty of San Diego0.19 Miles, 2 LanesCounty of San Diego0.19 Miles, 2 Lanes2021/07/27 City Council Post Agenda Page 258 of 391
County DPW Resurfacing Exhibit Country Trails LnCounty of San Diego1.07 Miles, 2.5 LanesCounty of San Diego1.07 Miles, 2.5 LanesCity of Chula Vista0.04 Miles, 2.5 LanesCity of Chula Vista0.04 Miles, 2.5 Lanes2021/07/27 City Council Post Agenda Page 259 of 391
County DPW Resurfacing ExhibitCountry Trails CtCity of Chula Vista0.03 Miles, 2.5 LanesCity of Chula Vista0.03 Miles, 2.5 Lanes2021/07/27 City Council Post Agenda Page 260 of 391
County Planning
Group Road Name FROM # LANES Area (SY)Treatment
Est
Construction
Cost
Est Total Cost
(Const + 28%
Soft Cost +
20%
Contingency)
City Length
(MI)
SWEETWATER VISTA DEL RANCHO CHULA VISTA CL 2 412 2" Mill/Inlay $9,202 $15,024.39 0.02
SWEETWATER VIA DE LAURENCIO VISTA DEL RANCHO 2 2478 2" Mill/Inlay $55,346 $90,365.16 0.12
SWEETWATER CLAIRE AVE VIA DE LAURENCIO 2 509 2" Mill/Inlay $11,368 $18,561.69 0.02
SWEETWATER EL RANCHO VISTA HILLTOP DR 2 724 2" Mill/Inlay $16,170 $26,402.09 0.04
SWEETWATER COUNTRY TRAILS LN CHULA VISTA CL 2.5 1021 2" Mill/Inlay $22,804 $37,232.78 0.04
SWEETWATER COUNTRY TRAILS CT COUNTRY VISTAS LN 2.0 1096 2" Mill/Inlay $24,479 $36,228.75 0.03
TOTALS 6,240 139,368.85 223,814.86 0.27
No.Code Item Description Qty Unit Cost Total
1 Prepare Water Pollution Control Program 1 LS $2,000 $2,000
2 Construction Site Management 1 LS $15,000 $15,000
3 Plane Asphalt Concrete Pavement (Full
Width)6,240 SY $3.00 $18,720
4 Replace Asphalt Concrete Surfacing 24 CY $250 $6,000
5 HMA Type A 693 TON $90 $62,370
6 Minor HMA 49 TON $85 $4,165
Minor Concrete (Curb & Gutter)15 LF $52 $780
7 Remove and Replace Asphalt Concrete
Dike 70 LF $30 $2,100
8 Asphaltic Emulsion (Fog Seal Dike)0.04 TON $1,000 $40
9 Paint Traffic Stripe (2-Coat)217 LF $0.35 $76
10 Thermoplastic Pavement Marking 112 SF $4.00 $448
11 Field Orders 1 DLR $15,000 $15,000
$126,699
$12,670 Average Unit
Cost/SY
$139,369 $22.33
Mill Inlay
Base Subtotal
Contingency (10%)
Base Total
CUL DE SAC
CHULA VISTA CL
COUNTRY VISTAS LN
CUL DE SAC
TO
VIA DE LAURENCIO
CHULA VISTA CL
SUPERVISORIAL DISTRICT 1
FY 2021-22 (Year 5) Resurfacing City-County Coordination
2021/07/27 City Council Post Agenda Page 261 of 391
FY 2020-21 AC Overlay SOUTH Project
DIGOUT DETAILS
Digout #Width (ft)Length (ft)Area (sy)Roadway Ex (4") (cy)AC for Digouts (ton)
Digout Depth=4 in
1 15 52 86.7 9.6 19.2
Totals 86.7 9.6 19.2
Digout #Width (ft)Length (ft)Area (sy)Roadway Ex (4") (cy)AC for Digouts (ton)
Digout Depth=4 in
1 36 20 80.0 8.9 17.8
Totals 80.0 8.9 17.8
Digout #Width (ft)Length (ft)Area (sy)Roadway Ex (4") (cy)AC for Digouts (ton)
Digout Depth=4 in
1 12 16 21.3 2.4 4.7
Totals 21.3 2.4 4.7
Country Trails Ln - Digouts
Via De Laurencio
Country Trails Ct
2021/07/27 City Council Post Agenda Page 262 of 391
Attachment C
AGREEMENT DESIGNATING THE COUNTY OF SAN DIEGO AS THE LEAD AGENCY FOR PROJECT
This agreement is made between the County of San Diego (County) and City of Chula Vista (City)
under Title 14 California Code of Regulations 15051(d), designating the County as the lead agency under
the California Environmental Quality Act (CEQA) for the City Project.
WHEREAS, the County and City desire the County to carry out the City Project pursuant to
Roadway Resurfacing of Vista Del Rancho, Via De Laurencio, Claire Ave, El Rancho Vista, Country Trails
Ln, and Country Trails Ct;
WHEREAS, the City currently has jurisdiction over sections of the roadways where the City
Project is located, and the City will fund one hundred percent (100%) of the City Project;
WHEREAS, both parties are public agencies that may each carry out or approve portions of the
project, and both may have substantial claim to act as lead agency under CEQA;
NOW THEREFORE, the parties agree that the County will act as the CEQA lead agency for the
environmental review of the project and will have all discretion to fulfill the obligations of a CEQA lead
agency with respect to the project.
IN WITNESS WHEREOF, this Agreement is executed by the City of Chula Vista and the County of San
Diego, acting by and through their authorized officers.
COUNTY OF SAN DIEGO
BY: ____________________________
ANDREW POTTER
Executive Officer/ Clerk of the Board of Supervisors
DATE: __________________________
Approved as to form this ___ day of
________, 2021.
BY: _____________________
THOMAS BOSWORTH
County Counsel
CITY OF CHULA VISTA
BY: ______________________
MARY CASILLAS SALAS
Mayor
DATE: _____________________
ATTEST
BY: ______________________
KERRY K. BIGELOW, MMC
City Clerk
DATE: _____________________
Approved as to form this ___ day of
________, 2021.
BY: ________________________
GLEN R. GOOGINS
CITY ATTORNEY
2021/07/27 City Council Post Agenda Page 263 of 391
1
Exhibit D – City of Chula Vista Insurance Requirements
The City of Chula Vista’s Insurance Requirements are as follows:
Standard Specifications for Public Works Construction (“The GREENBOOK”)
http://www.greenbookspecs.org/ 2018, Document No. PWPI010119-01, Section 5-4 INSURANCE.
5-4 INSURANCE. To the “GREENBOOK”, DELETE in its entirety and SUBSTITUTE with the
following:
5-4 INSURANCE.
1. The insurance provisions herein shall not be construed to limit your indemnity obligations contained in the
Contract.
5-4.1 Policies and Procedures.
1. You shall procure the insurance or self-insurance (collectively “insurance”) described below, at its sole cost and
expense, to provide coverage against claims for loss including injuries to persons or damage to property, which may
arise out of or in connection with the
performance of the Work by you, your agents, representatives, officers, employees or Subcontractors.
2. Insurance coverage for property damage resulting from your operations is on a replacement cost valuation. The
market value will not be accepted.
3. You shall maintain this insurance for the durat ion of this Contract and at all times thereafter when you are
correcting, removing, or replacing Work in accordance with this Contract. Your liabilities under the Contract, e.g.,
your indemnity obligations, is not deemed li mited to the insurance coverage required by this Contract.
4. The payment for insurance shall be included in the Contract Price as bid by you. Except as specifically agreed to
by the City in writing, you are not entitled to any additional payment. Do not begin any Work under this Contract
until you have provided and the City has approved all required insurance.
5. Policies of insurance shall provide that the City is entitled to 30 Days (10 Days for cancellation due to non-payment
of premium) prior written notice of cancellation or non-renewal of the policy. Maintenance of specified insurance
coverage is a material element of the Contract. Your failure to maintain or renew coverage or to provide evidence
of renewal during the term of the Contract may be treated by the City as a material breach of the Contract.
5-4.2 Types of Insurance.
5-4.2.1 Commercial General Liability Insurance.
1. Commercial General Liability Insurance shall be written on the current version of the ISO Occurrence form CG 00
01 07 98 or an equivalent form providing coverage at least as broad.
2. The policy 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).
3. There shall be no endorsement or modification limiting the scope of coverage for either “insured vs. insured”
claims or contractual liability. You shall maintain the same or equivalent insurance for at least 10 years following
completion of the Work.
4. All costs of defense shall be outside the policy limits. Policy coverage shall be in liability limits of not less than the
following:
General Annual Aggregate Limit Limits of Liability
Other than Products/Completed Operations $2,000,000
Products/Completed Operations Aggregate Limit $2,000,000
Personal Injury Limit $1,000,000
Each Occurrence $1,000,000
5-4.2.2 Commercial Automobile Liability Insurance.
1. You shall provide a policy or policies of Commercial Automobile Liability Insurance written on the current version
of the ISO form CA 00 01 12 90 or later version or equivalent form providing coverage at least as broad in the amount
of $1,000,000 combined single limit per accident, covering bodily injury and property damage for owned, non-
owned, and hired automobiles (“Any Auto”).
2021/07/27 City Council Post Agenda Page 264 of 391
2
2. All costs of defense shall be outside the limits of the policy.
5-4.3 Rating Requirements. Except for the State Compensation Insurance Fund, all insurance required by this
Contract as described herein shall be carried only by responsible insurance companies with a rating of, or equivalent
to, at least “A-, VI” by A.M. Best Company, that are authorized by the California Insurance Commissioner to do
business in the State, and that have been approved by the City.
5-4.3.1 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 and is included on the List of Approved Surplus Lines
Insurers (LASLI list). All policies of insurance carried by non-admitted carriers shall be subject to all of the
requirements for policies of insurance provided by admitted carriers described herein.
5-4.4 Evidence of Insurance. Furnish to the City documents e.g., certificates of insurance and endorsements
evidencing the insurance required herein, and furnish renewal documentation prior to expiration of this insurance.
Each required document shall be signed by the insurer or a person authorized by the insurer to bind coverage on its
behalf. We reserve the right to require complete, certified copies of all insurance policies required herein.
5-4.5 Policy Endorsements.
5-4.5.1 Commercial General Liability Insurance.
5-4.5.1.1 Additional Insured.
1. You shall provide at your expense policy endorsement written on the current version of the ISO Occurrence form
CG 20 10 11 85 or an equivalent form providing coverage at least as broad.
2. To the fullest extent allowed by law e.g., California Insurance Code §11580.04, the policy shall be endorsed to
include the City and its respective elected officials, officers, employees, agents, and representatives as additional
insured.
3. The additional insured coverage for projects for which the Engineer’s Estimate is $1,000,000 or more shall include
liability arising out of:
a) Ongoing operations performed by you or on your behalf,
b) your products,
c) your Work, e.g., your completed operations performed by you or on your behalf, or
d) premises owned, leased, controlled, or used by you.
4. The additional insured coverage for projects for which the Engineer’s Estimate is less than $1,000,000 shall include
liability arising out of:
a) Ongoing operations performed by you or on your behalf,
b) your products, or
c) premises owned, leased, controlled, or used by you.
5-4.5.1.2 Primary and Non-Contributory Coverage. The policy shall be endorsed to provide that the coverage with
respect to operations, including the completed operations, if appropriate, of the Named Insured is primary to any
insurance or self-insurance of the City and its elected officials, officers, employees, agents and representatives.
Further, it shall provide that any insurance maintained by the City and its elected officials, officers, employees, agents
and representatives shall be in excess of your insurance and shall not contribute to it.
5-4.5.1.3 Project General Aggregate Limit. The policy or policies shall be endorsed to provide a Designated
Construction Project General Aggregate Limit that will apply only to the Work. Only claims payments which arise
from the Work shall reduce the Designated Construction Project General Aggregate Limit. The Designated
Construction Project General Aggregate Limit shall be in addition to the aggregate limit provided for the
products-completed operations hazard.
5-4.5.2 Commercial Automobile Liability Insurance.
5-4.5.2.1 Additional Insured. 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 shall be endorsed to include the City and its respective elected officials, officers, employees, agents, and
representatives as additional insured, with respect to liability arising out of automobiles owned, leased, hired or
borrowed by you or on your behalf. This endorsement is limited to the obligations permitted by California Insurance
Code §11580.04.
5-4.6 Deductibles and Self-Insured Retentions. You shall pay for all deductibles and self-insured retentions. You
shall disclose deductibles and self-insured retentions to the City at the time the evidence of insurance is provided.
2021/07/27 City Council Post Agenda Page 265 of 391
3
5-4.7 Reservation of Rights. The City reserves the right, from time to time, to review your insurance coverage, limits,
deductibles and self-insured retentions to determine if they are acceptable to the City. The City will reimburse you,
without overhead, profit, or any other markup, for the cost of additional pre mium for any coverage requested by
the Engineer but not required by this Contract.
5-4.8 Notice of Changes to Insurance. You shall notify the City 30 Days prior to any material change to the policies
of insurance provided under this Contract.
5-4.9 Excess Insurance. Policies providing excess coverage shall follow the form of the primary policy or policies e.g.,
all endorsements.
5-4.11 Workers’ Compensation Insurance and Employers Liability Insurance.
1. In accordance with the provisions of §3700 of the California Labor Code, you shall provide at your expense
Workers’ Compensation Insurance and Employers Liability Insurance to protect you 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 occasi oned by your failure to comply with the requirements of
this section.
2. Limits for this insurance shall be not less than the following:
Workers’ Compensation Statutory Employers Liability
Bodily Injury by Accident $1,000,000 each accident
Bodily Injury by Disease $1,000,000 each employee
Bodily Injury by Disease $1,000,000 policy limit
3. By signing and returning the Contract you certify that you are aware of the provisions of §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 you shall comply with such provisions before
commencing the Work as required by §1861 of the California Labor Code.
5-4.11.1 Waiver of Subrogation. The policy or policies shall be endorsed to provide that the insurer will waive all
rights of subrogation against the City and its respective elected officials, officers, employees, agents, and
representatives for losses paid under the terms of the policy or policies and which arise from Work performed by
the Named Insured for the City.
2021/07/27 City Council Post Agenda Page 266 of 391
v . 0 03 P a g e | 1
July 27, 2021
ITEM TITLE
Sewer Maintenance Hole Inspection and Evaluation Contract: Award of Contract to Redzone Robotics
Report Number: 21-0105
Location: Citywide
Department: Engineering
Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California
Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities) and Section 15306
Class 6 (Information Collection).
Recommended Action
Adopt a resolution awarding a contract to Redzone Robotics to provide sewer maintenance hole inspection
and evaluation services.
SUMMARY
The City owns, operates, and maintains more than 12,000 sewer maintenance holes. The assessment of
approximately 11,000 maintenance holes were completed over the past ten years. The remaining
maintenance holes are challenging to locate and/or inspect and are intended to be completed through this
contract award along with previously inspected maintenance holes in poor condition or in critical locations.
After completing the advertisement and selection process, Staff recommends that a contract be awarded to
RedZone Robotics to provide sewer maintenance hole inspection and evaluation services.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed project for compliance with the California
Environmental Quality Act (CEQA) and has determined that the project qualifies for a Categorical Exemption
pursuant to State CEQA Guidelines Section 15301 Class 1 (Existing Facilities) and Section 15306 Class 6
(Information Collection), because it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment. Thus, no further environmental review is
required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
2021/07/27 City Council Post Agenda Page 267 of 391
P a g e | 2
Not applicable.
DISCUSSION
The City of Chula Vista owns, operates, and maintains more than 12,000 sewer maintenance holes (MH).
Inspection and evaluation of approximately 11,000 maintenance holes were completed over the past ten
years. Approximately, 1,000 maintenance holes could not be inspected for various reasons. These
maintenance holes along with maintenance holes previously inspected but observed or believed to be
compromised need to be inspected and evaluated. Some of the City’s maintenance holes have been in service
for over 100 years. Exposed to harsh wastewater environments deterioration can be severe. In addition,
some maintenance holes in poor condition can be proactively rehabilitated with improvements thus
extending their useful life without the expensive investment of replacement.
The 1,000 maintenance holes which could not be inspected for various reasons includes inaccessible truck
and/or specialized equipment access. The current contract utilizes specialized robotic inspection equipment
capable of easy transport and high-resolution imaging to inspect and evaluate these maintenance holes.
As part of the Wastewater Asset Management Program, all maintenance holes should be inspected as a
baseline with follow up evaluation at regular intervals such as every 10 to 15 years. Critical infrastructure
such as maintenance holes near pump stations, directly upstream of major trunk sewers, or those found to
be in poor but functioning condition should be re-inspected more frequently. All data generated will be
incorporated into the City’s Geographic Information System (GIS) and will be used to prioritize capital
improvement program projects.
Consultant Selection Process
On May 14, 2021, the City advertised a Request for Proposals (RFP) for inspecting and evaluating the
remaining maintenance holes. Subsequently, the City received proposals from Downstream Services, Inc.,
Propipe, Inc., Redzone Robotics, and Sancon Technologies, Inc. The procedures outlined in the Chula Vista
Municipal Code Section 2.56.110 for Professional Services were followed. Based on subsection (C) a selection
committee, approved by the Engineering Department Head and City Manager, used pre-established criteria
to rank firms based on their proposals and interviews. The selection panel’s top three firms, in order, are
RedZone Robotics, Downstream Services Inc., and Propipe, Inc.
The Engineering Department head negotiated a contract with RedZone Robotics (RedZone) as the highest
ranked firm. The proposed contract is attached. RedZone has extensive experience successfully inspecting
maintenance holes and other underground infrastructure including hard to access locations and working in
wastewater and other hazardous environments.
The initial term for this contract is from the date of contact execution through June 30, 2022. The contract
contains three 1-year options to extend on the same terms and conditions, which may be exercised at the
City Engineer’s discretion, to ensure that all the work can be completed. Based on the negotiated inspection
cost per maintenance hole inspection approximately 200 maintenance holes would be inspected for the not-
to-exceed amount of $35,000 the first year and about 180 inspected within the final extension year.
DECISION-MAKER CONFLICT
2021/07/27 City Council Post Agenda Page 268 of 391
P a g e | 3
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and
consequently, the real property holdings of the City Council members do not create a disqualifying real
property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware, and has not been informed by City Council member, of any other fact that
may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
There is no additional impact to the Sewer Facility Replacement Fund as sufficient funding is available in CIP
SWR0315 and SWR0287.
ONGOING FISCAL IMPACT
Tonight’s action authorizes the cumulative compensation amount of up to $140,000 ($35,000 for the first
year and $35,000 for each of the three extensions) for the maintenance hole inspections citywide; funding
for the current year and each of the optional extension years was included in budget process and
appropriated in SWR0315 and SWR0287. No future appropriations from the Sewer Facility Replacement
Fund are needed.
ATTACHMENTS
Agreement with Redzone Robotics to Provide Sewer Maintenance Hole Inspection and Evaluation Services
Staff Contact: Beth Gentry, Senior Civil Engineer, Engineering Department
2021/07/27 City Council Post Agenda Page 269 of 391
C:\Program Files\eSCRIBE\TEMP\11515440733\11515440733,,,Resolution.docx
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A CONTRACT AWARD TO
REDZONE ROBOTICS TO PROVIDE MAINTENANCE HOLE
INSPECTION AND EVALUATION SERVICES (SWR0287 AND
SWR0315)
WHEREAS, on May 14, 2021, the City advertised the Request for Proposal for sewer
maintenance hole inspection and evaluation services; and
WHEREAS, on June 8, 2021, the City received four (4) proposals from firms interested in
providing such services; and
WHEREAS, the selection process was conducted in accordance with Chula Vista
Municipal Code Section 2.56.110; and
WHEREAS, all four (4) firms were interviewed in June 2021; and
WHEREAS, the selection panel ranked the qualifications of the firms and recommends
Redzone Robotics for award of the contract; and
WHEREAS, the agreement includes three (3) potential one-year extensions, upon mutual
agreement of the parties, on the same terms and conditions contained in the agreement; and
WHEREAS, the maximum annual compensation amount for the original term and each for
authorized option to extend term is $35,000, for a potential total not-to-exceed contract amount of
$140,000 if all options to extend are duly authorized and exercised.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it:
1. Approves the City of Chula Vista Contractor/Service Provider Services Agreement
with Redzone Robotics to Provide Sewer Maintenance Hole Inspection and
Evaluation Services (SWR0287 and SWR0315), in the form presented, with such
minor modifications as may be required or approved by the City Attorney.
2. Authorizes and directs the City Manager to execute the agreement.
3. Directs that a copy of the executed agreement be kept on file in the Office of the
City Clerk.
4. Authorizes the City Manager to exercise and execute up to three, one-year options
to extend the agreement.
2021/07/27 City Council Post Agenda Page 270 of 391
Resolution No.
Page 2
Presented by
William Valle
Director Engineering and
Capital Projects
Approved as to form by
Glen R. Googins
City Attorney
2021/07/27 City Council Post Agenda Page 271 of 391
1 City of Chula Vista Agreement No.: 2021-0521
Service Provider Name: REDZONE ROBOTICS Rev. 2/4/21
CITY OF CHULA VISTA
CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT
WITH REDZONE ROBOTICS
TO PROVIDE SEWER MAINTENANCE HOLE INSPECTION AND EVALUATION SERVICES
(SWR0287 AND SWR0315)
This Agreement is entered into effective as of July 27, 2021 (“Effective Date”)1 by and between the City of Chula
Vista, a chartered municipal corporation (“City”) and REDZONE ROBOTICS, a Delaware Corporation)
(“Contractor/Service Provider”) (collectively, the “Parties” and, individually, a “Party”) with reference to the
following facts:
RECITALS
WHEREAS, the City has a Sewer Maintenance Hole Inspection Program approved in the Capital
Improvement Program (previously referred to as Sewer Mahole Inspection Program); and
WHEREAS, the City advertised the Request for Proposal for Sewer Maintenance Hole Inspection and
Evaluation Services on May 14, 2021; and
WHEREAS, on June 8, 2021, the City received four (4) proposals from firms interested in providing such
services; and
WHEREAS, the consultant selection process was conducted in accordance with Chula Vista Municipal
Code Section 2.56.110; and
WHEREAS, Redzone Robotics was selected as the Contractor/Service Provider most qualified amongst
those submitting.; and
WHEREAS, the total of the original agreement and each of the extensions will not exceed the yearly
authorization limit of $35,000, for a potnetial total not-to-exceed contract amount of $140,000.; and
WHEREAS, Contractor/Service Provider warrants and represents that it is experienced and staffed in a
manner such that it can deliver the services required of Contractor/Service Provider to City in accordance with
the time frames and the terms and conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
1 If City Council approved, insert date of City Council approval. Otherwise, insert a date no later than date Co ntractor’s work commences.
DocuSign Envelope ID: C4544043-3C5C-4B14-801D-B45256990B17
2021/07/27 City Council Post Agenda Page 272 of 391
2 City of Chula Vista Agreement No.: 2021-0521
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OBLIGATORY PROVISIONS
NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other
good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and
Contractor/Service Provider hereby agree as follows:
1. SERVICES
1.1 Required Services. Contractor/Service Provider agrees to perform the services, and deliver to City the
“Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference,
within the time frames set forth therein, time being of the essence for this Agreement. The services and/or
Deliverables described in Exhibit A shall be referred to herein as the “Required Services.”
1.2 Reductions in Scope of Work. City may independently, or upon request from Contractor/Service
Provider, from time to time, reduce the Required Services to be performed by the Contractor/Service Provider
under this Agreement. Upon doing so, City and Contractor/Service Provider agree to meet and confer in good
faith for the purpose of negotiating a corresponding reduction in the compensation associated with the
reduction.
1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and
ordinances governing procurement and purchasing authority, City may request Contractor/Service Provider
provide additional services related to the Required Services (“Additional Services”). If so, City and
Contractor/Service Provider agree to meet and confer in good faith for the purpose of negotiating an
amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the
Additional Services shall be charged and paid consistent with the rates and terms already provided therein.
Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this
Agreement.
1.4 Standard of Care. Contractor/Service Provider expressly warrants and agrees that any and all Required
Services hereunder shall be performed in accordance with the highest standard of care exercised by members
of the profession currently practicing under similar conditions and in similar locations.
1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual
approval only and does not relieve the Contractor/Service Provider 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 Contractor/Service Provider or its
subcontractors.
1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for
Contractor/Service Provider to provide additional security for performance of its duties under this Agreement,
Contractor/Service Provider shall provide such additional security prior to commencement of its Required
Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney.
1.7 Compliance with Laws. In its performance of the Required Services, Contractor/Service Provider
shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal
Code.
1.8 Business License. Prior to commencement of work, Contractor/Service Provider shall obtain a
business license from City.
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1.9 Subcontractors. Prior to commencement of any work, Contractor/Service Provider shall submit for
City’s information and approval a list of any and all subcontractors to be used by Contractor/Service Provider
in the performance of the Required Services. Contractor/Service Provider agrees to take appropriate measures
necessary to ensure that all subcontractors and personnel utilized by the Contractor/Service Provider to
complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and
policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any
responsibilities of the Contractor/Service Provider under this Agreement, Contractor/Service Provider shall
ensure that each and every subcontractor carries out the Contractor/Service Provider’s responsibilities as set
forth in this Agreement.
1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or
Contractor/Service Provider’s commencement of the Required Services hereunder, and shall terminate when
the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly
survive termination shall remain in effect.
2. COMPENSATION
2.1 General. For satisfactory performance of the Required Services, City agrees to compensate
Contractor/Service Provider in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard
terms for billing and payment are set forth in this Section 2.
2.2 Detailed Invoicing. Contractor/Service Provider agrees to provide City with a detailed invoice for
services performed each month, within thirty (30) days of the end of the month in which the services were
performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following
the Effective Date of the Agreement. All charges must be presented in a line item format with each task
separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed,
the amount invoiced to date, and the remaining amount available under any approved budget.
Contractor/Service Provider must obtain prior written authorization from City for any fees or expenses that
exceed the estimated budget.
2.3 Payment to Contractor/Service Provider. Upon receipt of a properly prepared invoice and
confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall
pay Contractor/Service Provider for the invoice amount within thirty (30) days. Payment shall be made in
accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion,
invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced.
2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed
on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the
holdback amount will be issued to Contractor/Service Provider.
2.5 Reimbursement of Costs. City may reimburse Contractor/Service Provider’s out-of-pocket costs
incurred by Contractor/Service Provider in the performance of the Required Services if negotiated in advance
and included in Exhibit A. Unless specifically provided in Exhibit A, Contractor/Service Provider shall be
responsible for any and all out-of-pocket costs incurred by Contractor/Service Provider in the performance of
the Required Services.
2.6 Exclusions. City shall not be responsible for payment to Contractor/Service Provider for any fees or
costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City
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shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or
related to the errors, omissions, negligence or acts of willful misconduct of Contractor/Service Provider, its
agents, employees, or subcontractors.
2.7 Payment Not Final Approval. Contractor/Service Provider understands and agrees that payment to
the Contractor/Service Provider or reimbursement for any Contractor/Service Provider costs related to the
performance of Required Services does not constitute a City final decision regarding whether such payment
or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a
waiver of any violation by Contractor/Service Provider of the terms of this Agreement. If City determines
that Contractor/Service Provider is not entitled to receive any amount of compensation already paid, City will
notify Contractor/Service Provider in writing and Contractor/Service Provider shall promptly return such
amount.
3. INSURANCE
3.1 Required Insurance. Contractor/Service Provider must procure and maintain, during the period of
performance of Required Services under this Agreement, and for twelve months after completion of Required
Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by
this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of
this Section.
3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the
Required Insurance must be disclosed to and approved by City in advance of the commencement of work.
3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact
business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed
with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines
Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers’ Compensation
Insurance, insurance issued by the State Compensation Fund is also acceptable.
3.4 Subcontractors. Contractor/Service Provider must include all sub-Contractor/Service Providers/sub-
contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating
separate coverage for those not under its policies. Any separate coverage for sub-Contractor/Service Providers
must also comply with the terms of this Agreement.
3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as
additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified
as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability
additional insured coverage must be provided in the form of an endorsement to the Contractor/Service
Provider’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude
Products/Completed Operations coverage.
3.6 General Liability Coverage to be “Primary.” Contractor/Service Provider’s general liability coverage
must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is
wholly separate from the insurance provided by Contractor/Service Provider and in no way relieves
Contractor/Service Provider from its responsibility to provide insurance.
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3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required
insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail,
return receipt requested. Prior to the effective date of any such cancellation Contractor/Service Provider must
procure and put into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Contractor/Service Provider’s insurer(s) will provide a Waiver of Subrogation
in favor of the City for each Required Insurance policy under this Agreement. In addition, Contractor/Service
Provider waives any right it may have or may obtain to subrogation for a claim against City.
3.9 Verification of Coverage. Prior to commencement of any work, Contractor/Service Provider shall
furnish City with original certificates of insurance and any amendatory endorsements necessary to
demonstrate to City that Contractor/Service Provider has obtained the Required Insurance in compliance with
the terms of this Agreement. 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” or any similar language
must be deleted from all certificates. The required certificates and endo rsements should otherwise be on
industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all
required insurance policies, including endorsements evidencing the coverage required by these specifications.
3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability
and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following
requirements also apply:
a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning
of the work required by this Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5)
years after completion of the work required by this Agreement.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a “Retro Date” prior to the effective date of this Agreement, the Contractor/Service Provider must
purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required
by this Agreement.
d. A copy of the claims reporting requirements must be submitted to the City for review.
3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed
to limit the Contractor/Service Provider’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Contractor/Service Provider
maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to
coverage for higher limits maintained.
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4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Contractor/Service Provider shall protect, defend,
indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers
(collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs,
expenses, (including reasonable attorneys’ fees and court costs), 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 Contractor/Service Provider, its officials,
officers, employees, agents, and contractors, arising out of or in connection with the performance of the
Required Services, the results of such performance, or this Agreement. This indemnity provision does not
include any claims, damages, liability, costs and expenses arising from the sole negligence or willful
misconduct of the Indemnified Parties. 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 Indemnified Parties which
may be in combination with the active or passive negligent acts or omissions of the Contractor/Service
Provider, its employees, agents or officers, or any third party.
4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the
forgoing, if the services provided under this Agreement are design professional services, as defined by
California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity
obligation under Section 1, above, shall be limited to the extent required by California Civil Code section
2782.8.
4.3 Costs of Defense and Award. Included in Contractor/Service Provider’s obligations under this Section
4 is Contractor/Service Provider’s obligation to defend, at Contractor/Service Provider’s own cost, expense
and risk, any and all suits, actions or other legal proceedings that may be brought or instituted against one or
more of the Indemnified Parties. Subject to the limitations in this Section 4, Contractor/Service Provider shall
pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified
Parties for any and all related legal expenses and costs incurred by any of them.
4.4. Contractor/Service Provider’s Obligations Not Limited or Modified. Contractor/Service Provider’s
obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified
Parties, or by any prior or subsequent declaration by the Contractor/Service Provider. Furthermore,
Contractor/Service Provider’s obligations under this Section 4 shall in no way limit, modify or excuse any of
Contractor/Service Provider’s other obligations or duties under this Agreement.
4.5. Enforcement Costs. Contractor/Service Provider agrees to pay any and all costs City incurs in
enforcing Contractor/Service Provider’s obligations under this Section 4.
4.6 Survival. Contractor/Service Provider’s obligations under this Section 4 shall survive the termination
of this Agreement.
5. FINANCIAL INTERESTS OF CONTRACTOR/SERVICE PROVIDER.
5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code
require certain government officials and Contractor/Service Providers performing work for government
agencies to publicly disclose certain of their personal assets and income using a Statement of Economic
Interests form (Form 700). In order to assure compliance with these requirements, Contractor/Service
Provider shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into
the Agreement by this reference.
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5.2 Disclosures; Prohibited Interests. Independent of whether Contractor/Service Provider is required to
file a Form 700, Contractor/Service Provider warrants and represents that it has disclosed to City any
economic interests held by Contractor/Service Provider, or its employees or subcontractors who will be
performing the Required Services, in any real property or project which is the subject of this Agreement.
Contractor/Service Provider warrants and represents that it has not employed or retained any company or
person, other than a bona fide employee or approved subcontractor working solely for Contractor/Service
Provider, to solicit or secure this Agreement. Further, Contractor/Service Provider warrants and represents
that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved
subcontractor working solely for Contractor/Service Provider, any fee, commission, percentage, brokerage
fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.
Contractor/Service Provider further warrants and represents that no officer or employee of City, has any
interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof,
or in the business of Contractor/Service Provider or Contractor/Service Provider’s subcontractors.
Contractor/Service Provider further agrees to notify City in the event any such interest is discovered whether
or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties,
City shall have the right to rescind this Agreement without liability.
6. REMEDIES
6.1 Termination for Cause. If for any reason whatsoever Contractor/Service Provider shall fail to perform
the Required Services under this Agreement, in a proper or timely manner, or if Contractor/Service Provider
shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in
addition to any and all other rights and remedies City may have under this Agreement, at law or in equity,
City shall have the right to terminate this Agreement by giving five (5) days written notice to
Contractor/Service Provider. Such notice shall identify the Default and the Agreement termination date. If
Contractor/Service Provider notifies City of its intent to cure such Default prior to City’s specified termination
date, and City agrees that the specified Default is capable of being cured, City may grant Contractor/Service
Provider up to ten (10) additional days after the designated termination date to effectuate such cure. In the
event of a termination under this Section 6.1, Contractor/Service Provider shall immediately provide City any
and all ”Work Product” (defined in Section 7 below) prepared by Contractor/Service Provider as part of the
Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7
hereof. Contractor/Service Provider may be entitled to compensation for work satisfactorily performed prior
to Contractor/Service Provider’s receipt of the Default notice; provided, however, in no event shall such
compensation exceed the amount that would have been payable under this Agreement for such work, and any
such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of
the Default.
6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement,
or any portion of the Required Services, at any time and for any reason, with or without cause, by giving
specific written notice to Contractor/Service Provider of such termination or suspension at least fifteen (15)
days prior to the effective date thereof. Upon receipt of such notice, Contractor/Service Provider shall
immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section
7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7
hereof. Contractor/Service Provider shall be entitled to receive just and equitable compensation for this Work
Product in an amount equal to the amount due and payable under this Agreement for work satisfactor ily
performed as of the date of the termination/suspension notice plus any additional remaining Required Services
requested or approved by City in advance that would maximize City’s value under the Agreement.
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6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this
Section, Contractor/Service Provider hereby expressly waives any and all claims for damages or
compensation as a result of such termination except as expressly provided in this Section 6.
6.4 Administrative Claims Requirements and Procedures. 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 be amended, the provisions of which, including such policies and procedures used by City
in the implementation of same, are incorporated herein by this reference. Upon request by City,
Contractor/Service Provider shall meet and confer in good faith with City for the purpose of resolving any
dispute over the terms of this Agreement.
6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the
laws of the State of California. Any action arising under or relating to this Agreement shall be brought only
in San Diego County, State of California.
6.6 Service of Process. Contractor/Service Provider agrees that it is subject to personal jurisdiction in
California. If Contractor/Service Provider is a foreign corporation, limited liability company, or partnership
that is not registered with the California Secretary of State, Contractor/Service Provider irrevocably consents
to service of process on Contractor/Service Provider by first class mail directed to the individual and address
listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be
effective five days after mailing.
7. OWNERSHIP AND USE OF WORK PRODUCT
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other
materials or properties produced in whole or in part under this Agreement in connection with the performance
of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No
such Work Product shall be subject to private use, copyrights or patent rights by Contractor/Service Provider
in the United States or in any other country without the express, prior written consent of City. City shall have
unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in
part, any such Work Product, without requiring any permission of Contractor/Service Provider, except as may
be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With
respect to computer files containing data generated as Work Product, Contractor/Service Provider shall make
available to City, upon reasonable written request by City, the necessary functional computer software and
hardware for purposes of accessing, compiling, transferring and printing computer files.
8. GENERAL PROVISIONS
8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties.
8.2 Assignment. City would not have entered into this Agreement but for Contractor/Service Provider’s
unique qualifications and traits. Contractor/Service Provider shall not assign any of its rights or
responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City
may grant, condition or deny in its sole discretion.
8.3 Authority. The person(s) executing this Agreement for Contractor/Service Provider warrants and
represents that they have the authority to execute same on behalf of Contractor/Service Provider and to bind
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Contractor/Service Provider to its obligations hereunder without any further action or direction from
Contractor/Service Provider or any board, principle or officer thereof.
8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an
original, but all of which shall constitute one Agreement after each Party has signed such a counterpart.
8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements
expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject
matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein
by reference. All prior or contemporaneous agreements, understandings, representations, warranties and
statements, oral or written, are superseded.
8.6 Record Retention. During the course of the Agreement and for three (3) years following completion
of the Required Services, Contractor/Service Provider agrees to maintain, intact and readily accessible, all
data, documents, reports, records, contracts, and supporting materials relating to the performance of the
Agreement, including accounting for costs and expenses charged to City, including such records in the
possession of sub-contractors/sub-Contractor/Service Providers.
8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such
additional documents and instruments as may be reasonably required in order to carry out the provisions of
this Agreement and the intentions of the Parties.
8.8 Independent Contractor. Contractor/Service Provider is and shall at all times remain as to City a
wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall
have control over the conduct of Contractor/Service Provider or any of Contractor/Service Provider’s officers,
employees, or agents (“Contractor/Service Provider Related Individuals”), except as set forth in this
Agreement. No Contractor/Service Provider Related Individuals shall be deemed employees of City, and
none of them shall be entitled to any benefits to which City employees are entitled, including but not limited
to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits.
Furthermore, City will not withhold state or federal income tax, social security tax or any other payroll tax
with respect to any Contractor/Service Provider Related Individuals; instead, Contractor/Service Provider
shall be solely responsible for the payment of same and shall hold the City harmless with respect to same.
Contractor/Service Provider shall not at any time or in any manner represent that it or any of its
Contractor/Service Provider Related Individuals are employees or agents of City. Contractor/Service Provider
shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind
City in any manner.
8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to
have been properly given or served if personally served or deposited in the United States mail, addressed to
such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified
in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or
otherwise provided in writing.
8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of
the Parties included in this Agreement are intended to authenticate this writing and to have the same force and
effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached
to or logically associated with a record and executed and adopted by a Party with the intent to sign such record,
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including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions
Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time.
(End of page. Next page is signature page.)
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SIGNATURE PAGE
CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT
IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and
Contractor/Service Provider agree that they have read and understood all terms and conditions of the Agreement,
that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the
Effective Date.
REDZONE ROBOTICS CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
DAVE PETROSKY MARIA V. KACHADOORIAN
CHIEF EXECUTIVE OFFICER CITY MANAGER
APPROVED AS TO FORM
BY: ________________________________
Glen R. Googins
City Attorney
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EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Beth Gentry
276 Fourth Avenue, Chula Vista, CA 91910
(619) 476-2402
bgentry@chulavistaca.gov
For Legal Notice Copy to:
City of Chula Vista
City Attorney
276 Fourth Avenue, Chula Vista, CA 91910
619-691-5037
CityAttorney@chulavistaca.gov
B. Contractor/Service Provider Contract Administration:
REDZONE ROBOTICS
195 Thorn Hill Road, Suite 110, Warrendale, PA 15086
412-476-8980 EXT. 292
jdepasquale@redzone.com
For Legal Notice Copy to:
Dave Petrosky
195 Thorn Hill Road, Suite 110, Warrendale, PA 15086
412-476-8980 ext. 235
dpetrosky@redzone.com
2. Required Services
A. General Description:
Redzone Robotics will provide inspections and evaluation of sewer maintenance holes (also known as “sewer
manholes (MH)”) locations provided by the City.
B. Detailed Description:
Task 1. Data Collection
The City will provide locations of all the maintenance holes to be inspected.
The Contractor/Service Provider shall inspect or attempt to inspect all locations provided. Inspections shall be
performed with the proper camera and recording equipment meeting, at a minimum, the following requirements:
The camera system shall be fully digital (analog or NTSC video cameras are not acceptable)
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The inspection camera system must have two independent or simultaneously controlled digital cameras,
one facing in the downward direction and one facing in the upward direction. Each camera must have a
minimum of 185-degree field of view.
The inspection camera system must illuminate the interior of the maintenance hole using a xenon strobe
light. The light shall be positioned 360 degrees around the camera lens to distribute the light evenly onto
the structure walls. The lighting must be able to illuminate maintenance holes up to 10 feet (120 inches)
in diameter without the need of any auxiliary lighting. Any systems not using strobe light technology will
be deemed unacceptable due to motion blur during imaging recording.
The inspection system shall produce individual images or frames with no more than 0.001 inches of
movement during image or frame exposure to produce crisp, clear images.
The inspection camera must provide a minimum of 3000 line of vertical resolution in the side view and a
minimum of 500 lines in the perspective view.
The system must be capable of inspection speeds of 14 inches per second to ensure maximum production
per day with each inspection system and to minimize the time at each location to maintain traffic flow and
reduce safety concerns of contractor’s employees.
Collected digital film files and header files shall be recorded onto a hard drive and original un-edited data
shall be archived for a minimum of 5 years after project completion in the event the City r equest copies
for internal use.
Task 2. Data Review, Reporting, and Delivery
The Contractor/Service Provider shall review and evaluate all the maintenance hole inspection data utilizing
NASSCO Manhole Assessment Certification Program (MACP) certified personnel to provide MACP
evaluations and scoring.
Redzone Robotics will provide inspections and evaluation of sewer maintenance holes (Also known as “sewer
manholes (MH)”) locations provided by the City
Deliverables
1. The Contractor/Service Provider shall provide the City with digital files for each inspection or attempted
inspection within 30 days of completion of the field work, meeting the following criteria:
MACP version 7.1 or newer database format
The digital film files must include an unfolded view of the maintenance hole with a minimum of 3000
lines of vertical resolution.
The digital film files must include the capability to produce a three-dimensional representation of the
maintenance hole structure. This data shall be used to perform geometric measurements. This file shall
be exportable to common CAD programs for further analysis.
The digital files must include a distortion-free virtual pan and tilt allowing the review of the
maintenance hole structure from any angle from any depth. The virtual pan and tilt must be able to
view 360 degrees in any direction. The virtual pan and tilt must consist of views from the top and
bottom camera, any virtual pan and tilts that artificially create this view from a single camera will be
deemed unacceptable due to distorted images on the direct side view.
The virtual pan and tilt and up/down direction of the view must be able to be controlled from a
computer mouse.
The virtual pan and tilt and unfolded views must be able to be viewable by the City without the need
of any third-party data logging software.
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14 City of Chula Vista Agreement No.: 2021-0521
Service Provider Name: REDZONE ROBOTICS Rev. 2/4/21
2. The contractor must supply the City the MACP database and PDF documentation on a 12
3. removable hard drive, or other pre-approved media with the data and reports. The data storage device shall
become the property of the City.
4. For any maintenance hole inspection attempted but not inspected, provide a text explanation as to why it
could not be inspected and include photos to show the access or other issue.
5. Provide all the necessary software required to view the digital film file including the option for full control
of the virtual pan and tilt.
Task 3. Field Supervision and Traffic Control
The Contractor/Service Provider shall provide proper supervision at the job site during all phases of work and
shall be responsible for coordinating the work to be done including traffic control. Work could take place in
alley’s, yards, parking lots, drainage channels, and major busy streets.
Arterial streets will be done during off-peak hours, generally, between 8:30 a.m. to 2:30 p.m. or as otherwise
required by the City’s Traffic Engineer. No permit fees will apply.
Deliverables
1. The Contractor shall provide copies of all applicable licenses and permits for administering the traffic
control and inspecting the sewer maintenance holes as required by the State and the City.
2. Prior to start the maintenance hole inspection, the contractor shall submit typical traffic control plans to
be approved by the City of Chula Vista, Traffic Division. This includes but may not be limited to traffic
control for residential streets and arterial streets. The San Diego Regional Standard Plans – Appendix A
may be used: http://www.regional-stds.com/home/book/drawings
Task 4. Marking Maintenance hole Covers of all Inspected Maintenance holes
The Contractor/Service Provider shall mark each maintenance hole cover with a plus Sign (+) with a permanent,
weatherproof, and distinctive green color marker to be approved by the City, identifying all maintenance holes
that were inspected. The plus sign (+) should be no smaller than 4" and no bigger than 6".
Task 5. Mapping
The City shall provide the Contractor/Service Provider with maps outlining and listing the maintenance holes to
be inspected.
Deliverables
At or before the submission of invoices, the following shall be provided to the City:
1. The Contractor/Service Provider shall document the actual location of the maintenance holes on the maps
provided by the City
2. Log sheets listing identification number of the inspected maintenance hole, maintenance hole’s location,
size of maintenance hole, type of maintenance hole wall (e.g. concrete or brick), date of inspection, and
names of inspection personnel
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15 City of Chula Vista Agreement No.: 2021-0521
Service Provider Name: REDZONE ROBOTICS Rev. 2/4/21
3. Any maintenance hole inspection attempted but not inspected shall be documented with text explanation
to explain why it could not be inspected with accompanying photos to show the access issue.
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin August 10,
2021 and end on June 30, 2022 for completion of all Required Services.
4. Compensation:
A. Form of Compensation
Fixed Fee Paid in Increments. For the completion of each Deliverable of the Required Services, as identified in
section 2.B., above, City shall pay the fixed fee associated with each Deliverable, in the amounts set forth below:
Fiscal Year (July 1 to June 30) Amount per Maintenance
Hole Inspected (Each)
Amount per Maintenance Hole
Attempted but Failed Inspection
(Each)
2021-2022 $175 $50
2022-2023* $180 $50
2023-2024* $185 $55
2024-2025* $191 $55
* If City elects to exercise an option to extend for respective fiscal year as provided in Section 5 below.
B. Reimbursement of Costs
None, the compensation includes all costs
Notwithstanding the foregoing, the maximum amount to be paid to the Contractor/Service Provider for services
performed through June 30, 2022 shall not exceed $35,000.
5. Special Provisions:
☒ Permitted Sub-Contractor/Service Providers: None
☒ Security for Performance: Contractor/Service Provider shall procure Performance and Labor and Material
Bonds for the Required Services. Such bonds are subject to City approval and are to be issued by a Surety
authorized to transact such business in the State of California and listed as approved by the United States
Department of Treasury Circular 570 with an underwriting limitation sufficient to issue bonds in the amount
required by the Agreement. Approved entities are listed on the United States Department of Treasury's website
– www.fiscal.treasury.gov/fsreports/ref/suretyBnd/c570.htm . Any renewal certificates required during the course of the
Agreement must be renewed and received by the City within fifteen (15) days prior to expiration and must meet
the same criteria. No substitutions shall be allowed.
☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement
for three (3) additional terms, defined as a one-year increment. The City Manager or Director of Finance/Treasurer
shall be authorized to exercise the extensions on behalf of the City. If the City exercises an option to extend, each
extension shall be on the same terms and conditions contained herein, provided that the amounts specified in
Section 4 above may be increased as provided in Section 4.A . The City shall give written notice to
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16 City of Chula Vista Agreement No.: 2021-0521
Service Provider Name: REDZONE ROBOTICS Rev. 2/4/21
Contractor/Service Provider of the City’s election to exercise the extension via the Notice of Exercise of Option
to Extend document. Such notice shall be provided at least 30 days prior to the expiration of the term.
☒ DIR/Prevailing Wage:
DIR/Prevailing Wages. Contractor/Service Provider and its subcontractors/subconstultants of every tier shall
comply with all Federal and State law prevailing wage requirements for all persons employed to perform the
Required Services, including but not limited to payment of prevailing wages at the specified rates. The prevailing
wage rates are determined by the Department of Industrial Relations (DIR) and are available at the City and on
the DIR's website
To verify compliance with State prevailing wage requirements, Contractor/Service Provider shall be registered
with the DIR’s online registration of contractors and shall furnish and submit certified payrolls and other required
documentation directly to the DIR. Contractor shall comply with all requirements of Labor Code section 1776.
This Agreement is subject to compliance monitoring and enforcement by the DIR pursuant to Labor Code section
1771.4.
In addition to Federal and State law prevailing wage requirements, Contractor/Service Provider shall also comply
with the following in its performance of the Required Services:
Labor Code 1810: Hours in legal day's work;
Labor Code 1813: Penalty for exceeding legal day's work; and
Labor Code 1815: One and one-halftime rate of pay.
Contractor/Service Provider acknowledges and agrees that a failure to comply with any requirements of this
section authorizes the City to withhold payments under the Agreement. Nothing contained in, or not contained
in, this section shall be construed to in any way limit Contractor's obligations to comply with any applicable
Federal, State, or local law or regulation.
☒ Employment of Apprentices. Contractor/Service Provider shall comply with all requirements for
employment of apprentices as provided by any applicable law or regulation, including but not limited to Labor
Code sections 1777.5, 1777.6, and 1777.7. Information regarding apprenticeship standards, wage schedules,
and other requirements may be obtained from the DIR.
☒ Non-Collusion Affidavit. Prior to commencing the Required Services, Contractor/Service Provider shall
provide a fully executed and properly notarized Non-Collusion Affidavit, in the form attached hereto and
incorporated herein as Exhibit D.
☒ Workers’ Compensation Insurance Declaration. Prior to commencing the Required Services,
Contractor/Service Provider shall provide a fully executed and properly notarized Workers’ Compensation
Insurance Declaration, in the form attached hereto and incorporated herein as Exhibit E.
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17 City of Chula Vista Agreement No.: 2021-0521
Service Provider Name: REDZONE ROBOTICS Rev. 2/4/21
EXHIBIT B
INSURANCE REQUIREMENTS
Contractor/Service Provider shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to
provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes
(x).
Type of Insurance Minimum Amount Form
☒ General Liability:
Including products and
completed operations,
personal and
advertising injury
$2,000,000 per occurrence for
bodily injury, personal injury
(including death), and property
damage. If Commercial General
Liability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence limit
Additional Insured Endorsement
or Blanket AI Endorsement for
City*
Waiver of Recovery Endorsement
Insurance Services Office Form
CG 00 01
*Must be primary and must not
exclude Products/Completed
Operations
☒ Automobile Liability $1,000,000 per accident for bodily
injury, including death, and
property damage
Insurance Services Office Form
CA 00 01
Code 1-Any Auto
Code 8-Hired
Code 9-Non Owned
☒ Workers’
Compensation
Employer’s Liability
$1,000,000 each accident
$1,000,000 disease policy limit
$1,000,000 disease each employee
Waiver of Recovery Endorsement
Other Negotiated Insurance Terms: NONE
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18 City of Chula Vista Agreement No.: 2021-0521
Service Provider Name: REDZONE ROBOTICS Rev. 2/4/21
EXHIBIT C
CONTRACTOR/SERVICE PROVIDER CONFLICT OF INTEREST DESIGNATION
The Political Reform Act2 and the Chula Vista Conflict of Interest Code3 (“Code”) require designated state and
local government officials, including some Contractor/Service Providers, to make certain public disclosures using
a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to
any member of the public. In addition, Contractor/Service Providers designated to file the Form 700 are also
required to comply with certain ethics training requirements.4
☒ A. Contractor/Service Provider IS a corporation or limited liability company and is therefore EXCLUDED5
from disclosure.
☐ B. Contractor/Service Provider is NOT a corporation or limited liability company and disclosure designation
is as follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES
(Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.)
Name Email Address Applicable Designation
Enter Name of Each Individual
Who Will Be Providing Service
Under the Contract – If
individuals have different
disclosure requirements,
duplicate this row and
complete separately for each
individual
Enter email address(es) ☐ A. Full Disclosure
☐ B. Limited Disclosure (select one or more of
the categories under which the Contractor shall
file):
☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7.
Justification:
☐ C. Excluded from Disclosure
1. Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition
of “Contractor/Service Provider,” pursuant to FPPC Regulation 18700.3, must file a Form 700.
2. Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online
filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required
annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement.
3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the
Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the
Contractor/Service Provider will provide. Notwithstanding this designation or anything in the Agreement, the
Contractor/Service Provider is ultimately responsible for complying with FPPC regulations and filing requirements. If
you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041,
or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2.
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written
determination of the Contractor’s requirement to comply with the disclosure requirements set forth in the Code.
Completed by: Beth Gentry, Senior Civil Engineer
2 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704.
3 Chula Vista Municipal Code §§2.02.010-2.02.040.
4 Cal. Gov. Code §§53234, et seq.
5 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg.
18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not incl ude
corporation or limited liability company).
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August 10, 2021
ITEM TITLE
Speed Limit Adjustment: Moss Street
Report Number: 21-0095
Location: Moss Street between Industrial Boulevard and the easterly cul-de-sac at Fire Station 3
Department: Engineering
Environmental Notice: This Project qualifies for a Categorical Exemption pursuant to the California
Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities) and Section
15061(b)(3).
Recommended Action
Place an ordinance on first reading decreasing the speed limit on Moss St. between Broadway and Second
Ave. from 35 mph to 30 mph and between Second Ave. and the easterly cul-de-sac from 35 mph to 25 mph,
and amending schedule X of the register in the City Engineer’s office. (First Reading).
SUMMARY
Staff completed an Engineering and Traffic Survey (E&TS) on Moss Street between Industrial Boulevard and
the easterly cul-de-sac (the “Segment”) in accordance with the California Vehicle Code (CVC) and California
Manual on Uniform Traffic Control Devices (CAMUTCD). Said regulations indicate that the posting of speed
limits that are not the maximum or standard prima facie speed limits defined by the CVC be determined by
an E&TS for each street with a posted speed limit within the City. Based on the results of the E&TS, staff has
determined that the speed limit on Moss Street between Industrial Boulevard and Second Avenue should be
30 mph and Moss Street between Second Avenue and the east end of Moss Street, at the cul-de-sac, should
be established at 25 mph, prima facie as a residence district (see Attachment 1, Location Plats).
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed project for compliance with the California
Environmental Quality Act (CEQA) and has determined that the project qualifies for a Categorical Exemption
pursuant to State CEQA Guidelines Section 15301 Class 1 (Existing Facilities) and Section 15061(b)(3),
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because it can be seen with certainty that there is no possibility that the activity in question may have a
significant effect on the environment. Thus, no further environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
On May 5, 2021, the Safety Commission passed a resolution recommending that the City Council adjust the
speed limits on Moss Street as proposed in this report and the associated Ordinance.
DISCUSSION
The CVC establishes minimum and maximum prima facie speed limits for all streets in the State. The
minimum prima facie speed limit is 25 mph for specific roadway conditions and the maximum speed limit is
65 mph (55 mph for undivided roads) and an E&TS is required to change the prima facie speed limit from
these preset limits for any City roadway that do not meet those conditions. The CVC requires that local
agencies review changes in local speed limits every five to ten years to determine if the existing street
segment speed limits require updating due to the age of the E&TS or changes in roadway and traffic
conditions, which staff completed on the Segment in April 2021.
The existing posted speed limit on Moss Street is 30 mph from Industrial Boulevard to Broadway, and 35
mph from Broadway to the easterly cul-de-sac. This item proposes to decrease the speed limit for the
segment between Broadway and Second Avenue to 30 mph, and from Second Avenue to the east cul-de-sac
to 25 mph.
Per the CVC, the E&TS includes and considers:
1. Prevailing speeds as determined by traffic engineering measurements and speed survey
(Attachment 2);
2. Accident history;
3. Traffic/roadside conditions not readily apparent to the driver.
Road Conditions
The following information describes the existing conditions along the Segment.
Industrial Boulevard to Second Avenue
Classification: Class III (Minor) Collector
Length/Width: 1.3 miles long and 40’ wide
Average Daily Traffic: 6,631 (2021)
Number of Lanes: 2 lanes (1 per direction)
Existing Speed Limit: 30/35 mph
85% Percentile Speed: 37 mph
Striping: Two lanes of traffic
Parking: Generally allowed on both sides along entire segment
Horizontal Alignment: 2,740’ radius horizontal curve along 650’ yields design speed of 43 mph
Vertical Alignment: Maximum grade change along segment is 2%
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Accident History: Accident rate is 2.01 accidents per million vehicle miles, which is higher than the
rate of 1.61 for similar roadways in California (2018).
Second Avenue to Easterly Cul-de-Sac
Classification: Class III Collector converted to Local Road by permanent closure east of Alpine
Avenue to accommodate Fire Station 3
Length/Width: 0.39 miles long and 40’-50’ wide
Average Daily Traffic: 490 (2021)
Number of Lanes: 2 lanes (1 per direction)
Existing Speed Limit: 35 mph
85% Percentile Speed: N/A (residence district)
Striping: Two lanes of traffic
Parking: Generally allowed on both sides along entire segment
Horizontal Alignment: N/A (residence district)
Vertical Alignment: N/A (residence district)
Accident History: N/A (residence district)
Traffic Calming
The proposed speed limits of 30 mph and 25 mph are lower than the existing speed limit along the Segment.
A speed limit of 25 mph is the lowest speed limit allowed by the CVC for the adjacent land uses on the
Segment; however, it cannot be applied west of Second Avenue as this portion of the Segment is classified
and operates as a minor collector.
Speed Enforceability
If the proposed speed decrease is not approved, the following are the only means of enforcing speed on the
Segment:
Basic Speed Law: police car matches speed of vehicle and determines that speed is unsafe for current
conditions, which is generally infeasible on roads with conditions like those of the Segment.
Maximum Speed Law: use RADAR/LiDAR methods to enforce maximum speed limit of 65 mph.
If the proposed speed limit is approved, police can use RADAR/LiDAR to enforce the approved posted speed
limit.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council members and has found no property holdings
within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item
does not present a disqualifying real property-related financial conflict of interest under California Code of
Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code
§87100, et seq.).
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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CURRENT-YEAR FISCAL IMPACT
The speed limit change would require replacement of approximately 10 speed limit signs and four pavement
legends (plus two additional installations) as well as the installation of an additional sign on a new post. The
total cost of this change would be approximately $5,000 funded by the existing Capital Improvement Project
TRF0332 “Signing and Striping Program.”
ONGOING FISCAL IMPACT
This item does not create an ongoing fiscal impact.
ATTACHMENTS
1. Location Plats
2. Speed Survey
Staff Contact: Paul Oberbauer, Senior Civil Engineer
2021/07/27 City Council Post Agenda Page 293 of 391
LOCATION PLAT
EXISTING SPEED LIMITS
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LOCATION PLAT
PROPOSED SPEED LIMITS
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C:\Program Files\eSCRIBE\TEMP\1943655113\1943655113,,,Ordinance(1).docx
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA DECREASING
THE SPEED LIMIT ON MOSS STREET BETWEEN
BROADWAY AND SECOND AVENUE FROM 35 MPH TO 30
MPH AND BETWEEN SECOND AVENUE AND THE
EASTERLY CUL-DE-SAC FROM 35 MPH TO 25 MPH, AND
AMENDING SCHEDULE X OF THE REGISTER MAINTAINED
IN THE OFFICE OF THE CITY ENGINEER TO REFLECT THE
ESTABLISHED SPEED LIMITS (FIRST READING)
WHEREAS, staff completed an Engineering and Traffic Survey (E&TS) for Moss Street
between Industrial Boulevard and the Easterly Cul-de-Sac, adjacent to Fire Station 3, in
accordance with the California Vehicle Code (CVC), which indicates that the posting of speed
limits be determined by an E&TS for each street with a posted speed limit in the City; and
WHEREAS, as described in the CVC, the E&TS shall include (1) prevailing speeds as
determined by traffic engineering measurements; (2) accident records; and (3) traffic/roadside
conditions not readily apparent to the driver; and
WHEREAS, the California Manual on Uniform Traffic Control Devices (CA MUTCD)
states that the speed limit shall be established at the nearest 5 mph increment to the 85th percentile
speed; and
WHEREAS, the permanent closure of Moss Street between Alpine Avenue and Naples
Street approved by City Council on November 19, 2019 to accommodate the new Fire Station 3
(formerly 9) affected the operation of Moss Street between Second Avenue and its new cul-de-sac
such that it functions and meets the criteria of a residence district per the CVC; and
WHEREAS, based on the 85th percentile speed of the roadway, as well as other roadway
characteristics outlined in each E&TS, staff has determined that the speed limit on Moss Street
between Industrial Boulevard and Second Avenue be 30 mph, that the speed limit on Moss Street
between Second Avenue and the easterly cul-de-sac be 25 mph; and
WHEREAS, on May 5, 2021, the City of Chula Vista Safety Commission concurred with
staff’s recommended speed limits described above.
NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows:
Section I. Establish Speed Limit
The established speed limits and Schedule X of the register maintained in the office of the
City Engineer shall be amended to reflect the established and revised speed limits as follows:
10.48.020 Schedule X – Established Speed Limits in Certain Zones - Designated
Street Name Beginning At Ending At Speed Limit
Moss Street Industrial Boulevard Second Avenue 30 mph
Moss Street Second Avenue East Cul-de-Sac 25 mph
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Ordinance
Page 2
Section II. 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
_____________________________________ ____________________________________
William S. Valle Glen R. Googins
Director of Engineering & Capital Projects City Attorney
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July 27, 2021
ITEM TITLE
Contract Award: Accepting Bid and Awarding Agreement to Penske Ford for Police Interceptor Utility
Vehicles
Report Number: 21-0106
Location: No specific geographic location
Department: Police
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California
Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no
environmental review is required.
Recommended Action
Adopt a resolution awarding an agreement to Penske Ford for 11 police interceptor utility vehicles.
SUMMARY
On June 9, 2021, the City of Chula Vista issued a Request for Bid (RFB) for eleven (11) units of 2021
Interceptor Utility Pursuit Vehicles for the Police Department. As a result of the bid process, the City is
recommending to select Penske Ford to purchase the vehicles.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with the California
Environmental Quality Act (CEQA) and has determined that the activity 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 required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
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On June 9, 2021, the City of Chula Vista issued Request for Bid (RFB) # B20-20/21 for eleven (11) units of
2021 Interceptor Utility Pursuit Vehicles for the Police Department. As a result of the bid process, the City
is recommending to select Penske Ford to purchase the vehicles.
During the bid process, eight vendors downloaded the bid. Only one bid was submitted. Despite being the
only bidder, the price offered by Penske Ford appears competitive for current market conditions and with
past pricing.
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 Title 2, section 18702.2(a)(11), is not
applicable to this decision for purposes of determining a disqualifying real property-related financial conflict
of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
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.
CURRENT-YEAR FISCAL IMPACT
The $457,051.79 cost of the 11 Ford Utility Police Interceptor Vehicles is already included in the City’s
Infrastructure, Facilities and Equipment expenditure plan (Measure P funding) and Public Safety
Expenditure Plan (Measure A funding) for fiscal year 2022. Approval of this resolution has no net fiscal
impact to the General Fund.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact.
ATTACHMENTS
1. Agreement with Penske Ford to purchase eleven (11) Police Interceptor Utility Vehicles
Staff Contact: Jonathan Alegre, Police Department
2021/07/27 City Council Post Agenda Page 302 of 391
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BID AND AWARDING
AGREEMENT WITH PENSKE FORD FOR POLICE
INTERCEPTOR UTILITY VEHICLES
WHEREAS, on June 9, 2021, the City of Chula Vista issued Request for Bid (RFB) # B20-
20/21 for eleven (11) units of 2021 Interceptor Utility Pursuit Vehicles for the Police Department;
and
WHEREAS, despite being the only bidder, the price offered by Penske Ford appears
competitive for current market conditions and with past pricing; and
WHEREAS, the total cost for eleven (11) Ford Utility Police Interceptors is $457,051.79.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it accepts the bid and awards the agreement with Penske Ford to purchase Police Interceptor
Utility Vehicles, 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.
Presented by
Roxana Kennedy
Chief of Police
Approved as to form by
Glen R. Googins
City Attorney
2021/07/27 City Council Post Agenda Page 303 of 391
1 City of Chula Vista Agreement No.: 2021-053
Service Provider Name: PF Automotive LLC Rev. 2/4/21
CITY OF CHULA VISTA
CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT
WITH PF AUTOMOTIVE LLC
TO PROVIDE ELEVEN (11) 2021 POLICE INTERCEPTOR UTILITY VEHICLES
This Agreement is entered into effective as of July 27, 2021(“Effective Date”) by and between the City of Chula
Vista, a chartered municipal corporation (“City”) and PF Automotive LLC, doing business as Penske Ford, a
California Corporation) (“Contractor/Service Provider”) (collectively, the “Parties” and, individually, a “Party”)
with reference to the following facts:
RECITALS
WHEREAS, on June 9, 2021, the City of Chula Vista issued a Request for Bid (RFB) # B20-20/21 for
eleven (11) units of 2021 Interceptor Utility Pursuit Vehicles for the Police Department; and
WHEREAS, the price offered by Penske Ford is competitive for current market conditions and with past
pricing; and
WHEREAS, Contractor/Service Provider warrants and represents that it is experienced and staffed in a
manner such that it can deliver the services required of Contractor/Service Provider to City in accordance with
the time frames and the terms and conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
2021/07/27 City Council Post Agenda Page 304 of 391
2 City of Chula Vista Agreement No.: 2021-053
Service Provider Name: PF Automotive LLC Rev. 2/4/21
OBLIGATORY PROVISIONS
NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other
good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and
Contractor/Service Provider hereby agree as follows:
1. SERVICES
1.1 Required Services. Contractor/Service Provider agrees to perform the services, and deliver to City the
“Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference,
within the time frames set forth therein, time being of the essence for this Agreement. The services and/or
Deliverables described in Exhibit A shall be referred to herein as the “Required Services.”
1.2 Reductions in Scope of Work. City may independently, or upon request from Contractor/Service
Provider, from time to time, reduce the Required Services to be performed by the Contractor/Service Provider
under this Agreement. Upon doing so, City and Contractor/Service Provider agree to meet and confer in good
faith for the purpose of negotiating a corresponding reduction in the compensation associated with the
reduction.
1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and
ordinances governing procurement and purchasing authority, City may request Contractor/Service Provider
provide additional services related to the Required Services (“Additional Services”). If so, City and
Contractor/Service Provider agree to meet and confer in good faith for the purpose of negotiating an
amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the
Additional Services shall be charged and paid consistent with the rates and terms already provided therein.
Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this
Agreement.
1.4 Standard of Care. Contractor/Service Provider expressly warrants and agrees that any and all Required
Services hereunder shall be performed in accordance with the highest standard of care exercised by members
of the profession currently practicing under similar conditions and in similar locations.
1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual
approval only and does not relieve the Contractor/Service Provider 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 Contractor/Service Provider or its
subcontractors.
1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for
Contractor/Service Provider to provide additional security for performance of its duties under this Agreement,
Contractor/Service Provider shall provide such additional security prior to commencement of its Required
Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney.
1.7 Compliance with Laws. In its performance of the Required Services, Contractor/Service Provider
shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal
Code.
1.8 Business License. Prior to commencement of work, Contractor/Service Provider shall obtain a
business license from City.
2021/07/27 City Council Post Agenda Page 305 of 391
3 City of Chula Vista Agreement No.: 2021-053
Service Provider Name: PF Automotive LLC Rev. 2/4/21
1.9 Subcontractors. Prior to commencement of any work, Contractor/Service Provider shall submit for
City’s information and approval a list of any and all subcontractors to be used by Contractor/Service Provider
in the performance of the Required Services. Contractor/Service Provider agrees to take appropriate measures
necessary to ensure that all subcontractors and personnel utilized by the Contractor/Service Provider to
complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and
policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any
responsibilities of the Contractor/Service Provider under this Agreement, Contractor/Service Provider shall
ensure that each and every subcontractor carries out the Contractor/Service Provider’s responsibilities as set
forth in this Agreement.
1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or
Contractor/Service Provider’s commencement of the Required Services hereunder, and shall terminate when
the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly
survive termination shall remain in effect.
2. COMPENSATION
2.1 General. For satisfactory performance of the Required Services, City agrees to compensate
Contractor/Service Provider in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard
terms for billing and payment are set forth in this Section 2.
2.2 Detailed Invoicing. Contractor/Service Provider agrees to provide City with a detailed invoice for
services performed each month, within thirty (30) days of the end of the month in which the services were
performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following
the Effective Date of the Agreement. All charges must be presented in a line item format with each task
separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed,
the amount invoiced to date, and the remaining amount available under any approved budget.
Contractor/Service Provider must obtain prior written authorization from City for any fees or expenses that
exceed the estimated budget.
2.3 Payment to Contractor/Service Provider. Upon receipt of a properly prepared invoice and
confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall
pay Contractor/Service Provider for the invoice amount within thirty (30) days. Payment shall be made in
accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion,
invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced.
2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed
on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the
holdback amount will be issued to Contractor/Service Provider.
2.5 Reimbursement of Costs. City may reimburse Contractor/Service Provider’s out-of-pocket costs
incurred by Contractor/Service Provider in the performance of the Required Services if negotiated in advance
and included in Exhibit A. Unless specifically provided in Exhibit A, Contractor/Service Provider shall be
responsible for any and all out-of-pocket costs incurred by Contractor/Service Provider in the performance of
the Required Services.
2.6 Exclusions. City shall not be responsible for payment to Contractor/Service Provider for any fees or
costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City
2021/07/27 City Council Post Agenda Page 306 of 391
4 City of Chula Vista Agreement No.: 2021-053
Service Provider Name: PF Automotive LLC Rev. 2/4/21
shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or
related to the errors, omissions, negligence or acts of willful misconduct of Contractor/Service Provider, its
agents, employees, or subcontractors.
2.7 Payment Not Final Approval. Contractor/Service Provider understands and agrees that payment to
the Contractor/Service Provider or reimbursement for any Contractor/Service Provider costs related to the
performance of Required Services does not constitute a City final decision regarding whether such payment
or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a
waiver of any violation by Contractor/Service Provider of the terms of this Agreement. If City determines
that Contractor/Service Provider is not entitled to receive any amount of compensation already paid, City will
notify Contractor/Service Provider in writing and Contractor/Service Provider shall promptly return such
amount.
3. INSURANCE
3.1 Required Insurance. Contractor/Service Provider must procure and maintain, during the period of
performance of Required Services under this Agreement, and for twelve months after completion of Required
Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreem ent by
this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of
this Section.
3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the
Required Insurance must be disclosed to and approved by City in advance of the commencement of work.
3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact
business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed
with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines
Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers’ Compensation
Insurance, insurance issued by the State Compensation Fund is also acceptable.
3.4 Subcontractors. Contractor/Service Provider must include all sub-Contractor/Service Providers/sub-
contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating
separate coverage for those not under its policies. Any separate coverage for sub-Contractor/Service Providers
must also comply with the terms of this Agreement.
3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as
additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified
as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability
additional insured coverage must be provided in the form of an endorsement to the Contractor/Service
Provider’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude
Products/Completed Operations coverage.
3.6 General Liability Coverage to be “Primary.” Contractor/Service Provider’s general liability coverage
must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is
wholly separate from the insurance provided by Contractor/Service Provider and in no way relieves
Contractor/Service Provider from its responsibility to provide insurance.
2021/07/27 City Council Post Agenda Page 307 of 391
5 City of Chula Vista Agreement No.: 2021-053
Service Provider Name: PF Automotive LLC Rev. 2/4/21
3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required
insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail,
return receipt requested. Prior to the effective date of any such cancellation Contractor/Service Provider must
procure and put into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Contractor/Service Provider’s insurer(s) will provide a Waiver of Subrogation
in favor of the City for each Required Insurance policy under this Agreement. In addition, Contractor/Service
Provider waives any right it may have or may obtain to subrogation for a claim against City.
3.9 Verification of Coverage. Prior to commencement of any work, Contractor/Service Provider shall
furnish City with original certificates of insurance and any amendatory endorsements necessary to
demonstrate to City that Contractor/Service Provider has obtained the Required Insurance in compliance with
the terms of this Agreement. 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” or any similar language
must be deleted from all certificates. The required certificates and endo rsements should otherwise be on
industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all
required insurance policies, including endorsements evidencing the coverage required by these specifications.
3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability
and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following
requirements also apply:
a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning
of the work required by this Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5)
years after completion of the work required by this Agreement.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a “Retro Date” prior to the effective date of this Agreement, the Contractor/Service Provider must
purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required
by this Agreement.
d. A copy of the claims reporting requirements must be submitted to the City for review.
3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed
to limit the Contractor/Service Provider’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Contractor/Service Provider
maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to
coverage for higher limits maintained.
2021/07/27 City Council Post Agenda Page 308 of 391
6 City of Chula Vista Agreement No.: 2021-053
Service Provider Name: PF Automotive LLC Rev. 2/4/21
4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Contractor/Service Provider shall protect, defend,
indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers
(collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs,
expenses, (including reasonable attorneys’ fees and court costs), 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 Contractor/Service Provider, its officials,
officers, employees, agents, and contractors, arising out of or in connection with the performance of the
Required Services, the results of such performance, or this Agreement. Thi s indemnity provision does not
include any claims, damages, liability, costs and expenses arising from the sole negligence or willful
misconduct of the Indemnified Parties. 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 Indemnified Parties which
may be in combination with the active or passive negligent acts or omissions of the Contractor/Service
Provider, its employees, agents or officers, or any third party.
4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the
forgoing, if the services provided under this Agreement are design professional services, as defined by
California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity
obligation under Section 1, above, shall be limited to the extent required by California Civil Code section
2782.8.
4.3 Costs of Defense and Award. Included in Contractor/Service Provider’s obligations under this Section
4 is Contractor/Service Provider’s obligation to defend, at Contractor/Service Provider’s own cost, expense
and risk, any and all suits, actions or other legal proceedings that may be brought or instituted against one or
more of the Indemnified Parties. Subject to the limitations in this Section 4, Contractor/Service Provider shall
pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified
Parties for any and all related legal expenses and costs incurred by any of them.
4.4. Contractor/Service Provider’s Obligations Not Limited or Modified. Contractor/Service Provider’s
obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified
Parties, or by any prior or subsequent declaration by the Contractor/Service Provider. Furthermore,
Contractor/Service Provider’s obligations under this Section 4 shall in no way limit, modify or excuse any of
Contractor/Service Provider’s other obligations or duties under this Agreement.
4.5. Enforcement Costs. Contractor/Service Provider agrees to pay any and all costs City incurs in
enforcing Contractor/Service Provider’s obligations under this Section 4.
4.6 Survival. Contractor/Service Provider’s obligations under this Section 4 shall survive the termination
of this Agreement.
5. FINANCIAL INTERESTS OF CONTRACTOR/SERVICE PROVIDER.
5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code
require certain government officials and Contractor/Service Providers performing work for government
agencies to publicly disclose certain of their personal assets and income using a Statement of Economic
Interests form (Form 700). In order to assure compliance with these requirements, Contractor/Service
Provider shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into
the Agreement by this reference.
2021/07/27 City Council Post Agenda Page 309 of 391
7 City of Chula Vista Agreement No.: 2021-053
Service Provider Name: PF Automotive LLC Rev. 2/4/21
5.2 Disclosures; Prohibited Interests. Independent of whether Contractor/Service Provider is required to
file a Form 700, Contractor/Service Provider warrants and represents that it has disclosed to City any
economic interests held by Contractor/Service Provider, or its employees or subcontractors who will be
performing the Required Services, in any real property or project which is the subject of this Agree ment.
Contractor/Service Provider warrants and represents that it has not employed or retained any company or
person, other than a bona fide employee or approved subcontractor working solely for Contractor/Service
Provider, to solicit or secure this Agreement. Further, Contractor/Service Provider warrants and represents
that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved
subcontractor working solely for Contractor/Service Provider, any fee, commission, percentage, brokerage
fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.
Contractor/Service Provider further warrants and represents that no officer or employee of City, has any
interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof,
or in the business of Contractor/Service Provider or Contractor/Service Provider’s subcontractors.
Contractor/Service Provider further agrees to notify City in the event any such interest is discovered whether
or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties,
City shall have the right to rescind this Agreement without liability.
6. REMEDIES
6.1 Termination for Cause. If for any reason whatsoever Contractor/Service Provider shall fail to perform
the Required Services under this Agreement, in a proper or timely manner, or if Contractor/Service Provider
shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in
addition to any and all other rights and remedies City may have under this Agreement, at law or in equity,
City shall have the right to terminate this Agreement by giving five (5) days written notice to
Contractor/Service Provider. Such notice shall identify the Default and the Agreement termination date. If
Contractor/Service Provider notifies City of its intent to cure such Default prior to City’s specified termination
date, and City agrees that the specified Default is capable of being cured, City may grant Contractor/Service
Provider up to ten (10) additional days after the designated termination date to effectuate such cure. In the
event of a termination under this Section 6.1, Contractor/Service Provider shall immediately provide City any
and all ”Work Product” (defined in Section 7 below) prepared by Contractor/Service Provider as part of the
Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7
hereof. Contractor/Service Provider may be entitled to compensation for work satisfactorily performed prior
to Contractor/Service Provider’s receipt of the Default notice; provided, however, in no event shall such
compensation exceed the amount that would have been payable under this Agreement for such work, and any
such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of
the Default.
6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement,
or any portion of the Required Services, at any time and for any reason, with or without cause, by giving
specific written notice to Contractor/Service Provider of such termination or suspension at least fifteen (15)
days prior to the effective date thereof. Upon receipt of such notice, Contractor/Service Provider shall
immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section
7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7
hereof. Contractor/Service Provider shall be entitled to receive just and equitable compensation for this Work
Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily
performed as of the date of the termination/suspension notice plus any additional remaining Required Services
requested or approved by City in advance that would maximize City’s value under the Agreement.
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8 City of Chula Vista Agreement No.: 2021-053
Service Provider Name: PF Automotive LLC Rev. 2/4/21
6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this
Section, Contractor/Service Provider hereby expressly waives any and all claims for damages or
compensation as a result of such termination except as expressly provided in this Section 6.
6.4 Administrative Claims Requirements and Procedures. 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 be amended, the provisions of which, including such policies and procedures used by City
in the implementation of same, are incorporated herein by this reference. Upon request by City,
Contractor/Service Provider shall meet and confer in good faith with City for the purpose of resolving any
dispute over the terms of this Agreement.
6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the
laws of the State of California. Any action arising under or relating to this Agreement shall be brought only
in San Diego County, State of California.
6.6 Service of Process. Contractor/Service Provider agrees that it is subject to personal jurisdiction in
California. If Contractor/Service Provider is a foreign corporation, limited liability company, or partnership
that is not registered with the California Secretary of State, Contractor/Service Provider irrevocably consents
to service of process on Contractor/Service Provider by first class mail directed to the individual and address
listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be
effective five days after mailing.
7. OWNERSHIP AND USE OF WORK PRODUCT
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other
materials or properties produced in whole or in part under this Agreement in connection with the performance
of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No
such Work Product shall be subject to private use, copyrights or patent rights by Contractor/Service Provider
in the United States or in any other country without the express, prior written consent of City. City shall have
unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in
part, any such Work Product, without requiring any permission of Contractor/Service Provider, except as may
be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With
respect to computer files containing data generated as Work Product, Contractor/Service Provider shall make
available to City, upon reasonable written request by City, the necessary functional computer software and
hardware for purposes of accessing, compiling, transferring and printing computer files.
8. GENERAL PROVISIONS
8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties.
8.2 Assignment. City would not have entered into this Agreement but for Contractor/Service Provider’s
unique qualifications and traits. Contractor/Service Provider shall not assign any of its rights or
responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City
may grant, condition or deny in its sole discretion.
8.3 Authority. The person(s) executing this Agreement for Contractor/Service Provider warrants and
represents that they have the authority to execute same on behalf of Contractor/Service Provider and to bind
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Service Provider Name: PF Automotive LLC Rev. 2/4/21
Contractor/Service Provider to its obligations hereunder without any further action or direction from
Contractor/Service Provider or any board, principle or officer thereof.
8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an
original, but all of which shall constitute one Agreement after each Party has signed such a counterpart.
8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements
expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject
matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein
by reference. All prior or contemporaneous agreements, understandings, representations, warranties and
statements, oral or written, are superseded.
8.6 Record Retention. During the course of the Agreement and for three (3) years following completion
of the Required Services, Contractor/Service Provider agrees to maintain, intact and readily accessible, all
data, documents, reports, records, contracts, and supporting materials relating to the per formance of the
Agreement, including accounting for costs and expenses charged to City, including such records in the
possession of sub-contractors/sub-Contractor/Service Providers.
8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such
additional documents and instruments as may be reasonably required in order to carry out the provisions of
this Agreement and the intentions of the Parties.
8.8 Independent Contractor. Contractor/Service Provider is and shall at all times remain as to City a
wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall
have control over the conduct of Contractor/Service Provider or any of Contractor/Service Provider’s officers,
employees, or agents (“Contractor/Service Provider Related Individuals”), except as set forth in this
Agreement. No Contractor/Service Provider Related Individuals shall be deemed employees of City, and
none of them shall be entitled to any benefits to which City employees are entitled, including but not limited
to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits.
Furthermore, City will not withhold state or federal income tax, social security tax or an y other payroll tax
with respect to any Contractor/Service Provider Related Individuals; instead, Contractor/Service Provider
shall be solely responsible for the payment of same and shall hold the City harmless with respect to same.
Contractor/Service Provider shall not at any time or in any manner represent that it or any of its
Contractor/Service Provider Related Individuals are employees or agents of City. Contractor/Service Provider
shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind
City in any manner.
8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any Party sha ll be deemed to
have been properly given or served if personally served or deposited in the United States mail, addressed to
such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified
in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or
otherwise provided in writing.
8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of
the Parties included in this Agreement are intended to authenticate this writing and to have the same force and
effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached
to or logically associated with a record and executed and adopted by a Party with the intent to sign such record,
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10 City of Chula Vista Agreement No.: 2021-053
Service Provider Name: PF Automotive LLC Rev. 2/4/21
including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions
Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time.
(End of page. Next page is signature page.)
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11 City of Chula Vista Agreement No.: 2021-053
Service Provider Name: PF Automotive LLC Rev. 2/4/21
SIGNATURE PAGE
CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT
IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and
Contractor/Service Provider agree that they have read and understood all terms and conditions of the Agreement,
that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the
Effective Date.
PF AUTOMOTIVE LLC CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
KHUSRO AHMED MARY CASILLAS SALAS
FLEET MANAGER MAYOR
ATTEST
BY: ________________________________
Kerry K. Bigelow, MMC
City Clerk
APPROVED AS TO FORM
BY: ________________________________
Glen R. Googins
City Attorney
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12 City of Chula Vista Agreement No.: 2021-053
Service Provider Name: PF Automotive LLC Rev. 2/4/21
EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Chula Vista Police Department
Jonathan Alegre, Police Administrative Services Administrator
315 Fourth Avenue, Chula Vista, CA 91910
(619) 476-2570
jalegre@chulavistapd.org
For Legal Notice Copy to:
City of Chula Vista
City Attorney
276 Fourth Avenue, Chula Vista, CA 91910
619-691-5037
CityAttorney@chulavistaca.gov
B. Contractor/Service Provider Contract Administration:
PF AUTOMOTIVE LLC
8970 La Mesa Blvd. La Mesa, CA 91942
(619) 433-6180
kahmed@socalpenske.com
For Legal Notice Copy to:
[same as above]
2. Required Services
A. General Description:
Contractor/Service Provider Will Provide Eleven (11) 2021 Police Interceptor Utility Vehicles.
B. Detailed Description:
Eleven (11) 2021 Police Interceptor Utility (K8A) Vehicles as specified below:
All-Wheel Drive (AWD)
Interior: Charcoal Black, Unique HD Cloth Front Bucket Seats with Vinyl Rear
Exterior 1: Agate Black
Engine: 3.3L V6 Direct-Injection Hybrid System
Transmission: 10-Speed Automatic
Other Vehicle Specifications:
Front License Plate Bracket
2021/07/27 City Council Post Agenda Page 315 of 391
13 City of Chula Vista Agreement No.: 2021-053
Service Provider Name: PF Automotive LLC Rev. 2/4/21
Rear Auxiliary AC
Switchable Red/White Lighting in Cargo Area
Rear Camera On-Demand
Dark Car Feature
Order Code 500A
Dual (Driver & Passenger) LED Spot Lamps (Whelen)
Hidden Door-Lock Plunger
BLIS Blind Spot Monitoring with Cross Traffic Alert
Keyed Alike – 1284x
Noise Suppression Bonds (Ground Straps)
Police Perimeter Alert
Low-Band Frequency Noise Suppression Kit
Underbody Deflector Plate
Pre-Collision Assist with Pedestrian Detection
Reverse Sensing System
Front Console Plate Delete
Rear Center Seat Delete
Tail Lamp with Police Interceptor Housing Only
Rear View Camera
3.73 Axle Ratio
White front doors
White roof
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin July 27,
2021 and end on December 31, 2021 for completion of all Required Services.
4. Compensation:
A. Form of Compensation
☒ Single Fixed Fee. For performance of all of the Required Services by Contractor/Service Provider as herein
required, City shall pay a single fixed fee of $457,051.79, upon completion of all Required Services to City’s
satisfaction.
Description Quantity Unit Price Total Cost
2021 Ford Interceptor Utility Hybrid K8A, 99W/44B/500A 11 $38,199.00 $420,189.00
CA Sales Tax at 8.75 11 $3,342.41 $36,766.54
CA Tire Fee 11 $8.75 $96.25
TOTAL COST OF 11 VEHICLES
$457,051.79
B. Reimbursement of Costs
☒ None, the compensation includes all costs.
2021/07/27 City Council Post Agenda Page 316 of 391
14 City of Chula Vista Agreement No.: 2021-053
Service Provider Name: PF Automotive LLC Rev. 2/4/21
Notwithstanding the foregoing, the maximum amount to be paid to the Contractor/Service Provider for services
performed through December 31, 2021 shall not exceed $457,051.79.
5. Special Provisions:
☒ Permitted Sub-Contractor/Service Providers: None.
☒ Security for Performance: None.
2021/07/27 City Council Post Agenda Page 317 of 391
15 City of Chula Vista Agreement No.: 2021-053
Service Provider Name: PF Automotive LLC Rev. 2/4/21
EXHIBIT B
INSURANCE REQUIREMENTS
Contractor/Service Provider shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to
provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes
(x).
Type of Insurance Minimum Amount Form
☒ General Liability:
Including products and
completed operations,
personal and
advertising injury
$2,000,000 per occurrence for
bodily injury, personal injury
(including death), and property
damage. If Commercial General
Liability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence limit
Additional Insured Endorsement
or Blanket AI Endorsement for
City*
Waiver of Recovery Endorsement
Insurance Services Office Form
CG 00 01
*Must be primary and must not
exclude Products/Completed
Operations
☒ Automobile Liability $1,000,000 per accident for bodily
injury, including death, and
property damage
Insurance Services Office Form
CA 00 01
Code 1-Any Auto
Code 8-Hired
Code 9-Non Owned
☒ Workers’
Compensation
Employer’s Liability
$1,000,000 each accident
$1,000,000 disease policy limit
$1,000,000 disease each employee
Waiver of Recovery Endorsement
Other Negotiated Insurance Terms: None.
2021/07/27 City Council Post Agenda Page 318 of 391
16 City of Chula Vista Agreement No.: 2021-053
Service Provider Name: PF Automotive LLC Rev. 2/4/21
EXHIBIT C
CONTRACTOR/SERVICE PROVIDER CONFLICT OF INTEREST DESIGNATION
The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and
local government officials, including some Contractor/Service Providers, to make certain public disclosures using
a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to
any member of the public. In addition, Contractor/Service Providers designated to file the Form 700 are also
required to comply with certain ethics training requirements.3
☒ A. Contractor/Service Provider IS a corporation or limited liability company and is therefore EXCLUDED4
from disclosure.
☐ B. Contractor/Service Provider is NOT a corporation or limited liability company and disclosure designation
is as follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES
(Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.)
Name Email Address Applicable Designation
☐ A. Full Disclosure
☐ B. Limited Disclosure (select one or more of
the categories under which the Contractor shall
file):
☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7.
Justification:
☒ C. Excluded from Disclosure
1. Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition
of “Contractor/Service Provider,” pursuant to FPPC Regulation 18700.3, must file a Form 700.
2. Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online
filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required
annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement.
3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the
Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the
Contractor/Service Provider will provide. Notwithstanding this designation or anything in the Agreement, the
Contractor/Service Provider is ultimately responsible for complying with FPPC regulations and filing req uirements. If
you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041,
or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2.
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written
determination of the Contractor’s requirement to comply with the disclosure requirements set forth in the Code.
Completed by: Jonathan Alegre
1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704.
2 Chula Vista Municipal Code §§2.02.010-2.02.040.
3 Cal. Gov. Code §§53234, et seq.
4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg.
18700.3 (Consultant defined as an “individual” who p articipates in making a governmental decision; “individual” does not include
corporation or limited liability company).
2021/07/27 City Council Post Agenda Page 319 of 391
v . 0 03 P a g e | 1
July 27, 2021
ITEM TITLE
Measure P Citizens’ Oversight Committee Presentation: Annual Report Covering Reporting Period of July
01, 2019 Through June 30, 2020 and an Update of Measure P Projects
Report Number: 21-0087
Location: No specific geographic location
Department: Finance
Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the California
Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no
environmental review is required.
Recommended Action
Hear the report presented by Chair Garcias.
SUMMARY
Presentation of the Measure P Annual Report covering the audited revenues and expenditures for the period
of July 1, 2019 through June 30, 2020 and an update of Measure P Projects by Chair David Garcias.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with the California
Environmental Quality Act (CEQA) and has determined that the activity 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 required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Council hear the report presented by Chair Garcias.
DISCUSSION
2021/07/27 City Council Post Agenda Page 320 of 391
P a g e | 2
The Measure P Citizens’ Oversight Committee has reviewed and accepted the FY20 Measure P Audit findings.
The findings comply with the terms of the Measure P ordinance and funds were spent in accordance with the
Measure P Spending Plan. The Committee also approved the FY20 Annual Report.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and
consequently, the real property holdings of the City Council members do not create a disqualifying real
property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
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.
CURRENT-YEAR FISCAL IMPACT
There is no current fiscal year impact.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact.
ATTACHMENTS
1. FY20 MP Annual Report
2. Attachment A – FY20 MP Audit
3. Attachment B – FY20 MP Exp Report
Staff Contact: Tracy McCraner, Interim Director of Finance, Finance Department
Sandi Delap, Management Analyst II, Finance Department
2021/07/27 City Council Post Agenda Page 321 of 391
Page 1 of 9
Annual Report of the Measure P Citizens Oversight Committee
Fiscal Year 2019‐20
Measure P Background
In November 2016, Chula Vista voters approved Measure P: a temporary, ten‐year, half‐cent
sales tax to fund high priority infrastructure needs. Collection of the sales tax began April 1, 2017.
The sales tax is projected to raise $178 million, which will be used to upgrade police, fire,
paramedic and 9‐1‐1 equipment, vehicles and facilities; fund streets and sidewalks; replace storm
drains to prevent sinkholes; improve parks; repair recreation facilities; and repair or replace other
city infrastructure.
Citizens Oversight Committee
The ballot measure also established a Measure P Citizens Oversight Committee (COC). The
Measure P Citizens Oversight Committee (COC) is composed of 16 members. The purpose of the
COC is to review and report on all Measure P expenditure plans, financial reports, and audits.
Eleven of the COC members serve as “Designated Members.” Designated Members were
nominated by local organizations and individuals such as the Chula Vista Chamber of Commerce,
Chula Vista Youth Sports Council, Chula Vista Growth Management Oversight Commission, and
the Chula Vista Police and Fire Chiefs. The remaining five members are “At‐Large Members”
selected from a pool of applicants who applied directly to the City. Five “At‐Large Members,”
included at least one resident from each of the four City Council districts and one nominated by
the Mayor.
The board is composed of 16 members appointed to a four‐year term.
Member Appointment
Criteria Term Expiring
Greg Martinez District 1 Rep. 6/30/21
Christopher Redo District 2 Rep. 6/30/21
Jason Hurtado‐Prater District 3 Rep. 6/30/21
Christopher Sheridan District 4 Rep. 6/30/21
Mona Freels At‐Large Rep. 6/30/21
Zulema Maldonado Designated Rep.1 6/30/21
Silvestre Vigilante Designated Rep.2 6/30/21
Vacant Designated Rep.3 6/30/21
David Garcias (Chair) Designated Rep.4 6/30/21
Todd Voorhees Designated Rep.5 6/30/21
Michael Lengyel Designated Rep.6 6/30/21
Vacant Designated Rep.7 6/30/21
Oscar Romo Designated Rep.8 6/30/21
Robert Ziomek Designated Rep.9 6/30/21
Donald Hunter Designated Rep.10 6/30/21
Leon Firsht (Vice Chair) Designated Rep.11 6/30/21
2021/07/27 City Council Post Agenda Page 322 of 391
Page 2 of 9
Nominating Authorities are as follows:
1 ‐ Chula Vista Chamber of Commerce
2 ‐ Chula Vista Sports Council
3 ‐ Alliance of Californians for Community Empowerment, San Diego Branch
4 ‐ San Diego and Imperial Counties Labor Union
5 ‐ San Diego County Taxpayers Association
6 ‐ Growth Management Oversight Commission
7 ‐ Parks and Recreation Commission
8 ‐ Sustainability Commission
9 ‐ Chula Vista Fire Chief
10 ‐ Chula Vista Police Chief
11 ‐ Chula Vista Director of Public Works
The specific duties of the COC are as follows:
1. Review and comment on each year's Finance Department Report (as defined in CVMC
section 3.33.160.A); Measure P Spending Plan (as defined in CVMC section 3.33.160.B);
and the Annual Independent Auditor’s Report (as defined in CVMC section 3.33.160.C).
2. Prepare an Annual Report regarding the Finance Department Report for presentation to
the City Council at a public meeting.
3. Work with City staff to identify and apply "best practices" for tracking and reporting on
Measure P revenues and expenditures relative to other City revenues and expenditures.
Summary of fiscal year 2020 Independent Auditors’ Report on Compliance Revenues and
Expenditures
Major expenditures in the following categories incurred in fiscal year 2020:
Category FY 2020 Expenditures Major Items
Fire Services 7,638,343 Fire Vehicles, Fire Equipment, Facility Repairs
Police Services 1,492,433
Police Vehicles, Communication System,
Facility Repairs
Infrastructure 23,279,761
Streets, Other Public Infrastructure, Sports
Fields and Courts, Non‐Safety Vehicles, Public
Facilities, Traffic Signal Systems, Park
Infrastructure, Citywide Network
Replacement, Citywide Telecommunications
Staff Time 774,352 City Staff‐Time
Debt Service 8,128,750 Bond Debt Service
Administrative Expenses 8,852
Audit, Bond Administration Fees, Banking
Fees, Cost of Issuance
Total Expenditures $ 41,322,491
2021/07/27 City Council Post Agenda Page 323 of 391
Page 3 of 9
Audited Statement of Revenues, Expenditures and Changes in Fund Balance
June 30, 2020
Revenues:
Local sales and use tax 20,037,276
Use of money and property 1,648,049
Miscellaneous 80,149
Total Revenues $ 21,765,474
Expenditures:
Contracted Services 2,000
Equipment and shared infrastructure costs 838,160
Capital outlay 31,414,523
Debt service:
Principal retirement 6,442,184
Interest and fiscal charges 2,625,625
Total Expenditures $ 41,322,492
Excess (Deficiency) of Revenues
Over (under) Expenditures (19,557,018)
Net Change in Fund Balance (19,557,018)
Fund Balance at Beginning of Year 62,128,701
Fund Balance as of June 30, 2020 $ 42,571,683
2021/07/27 City Council Post Agenda Page 324 of 391
Page 4 of 9
Plan Expenditures by Replacement Category
($33,184,890)
Major Projects (Fiscal Year 2019/2020) by Cost Category
Fire Stations Repairs/Replacements (GGV0230):
The Fire Department’s present and future functional needs, technical constraints and feasibility,
and budget were considered in developing the project’s design criteria. Fire Stations 5 and 9 will
be relocated to 341 Orange Avenue and 100 Moss Avenue, respectively. In March 2019, Council
approved a Design Build Agreement with EC Constructors, Inc. for design of Fire Stations 5 and 9.
In February 2020, Council awarded the Construction Phase. Estimated Completion: Construction
6,741,561
862,091
200,738
708,702
707,797
62,780
13,154
12,187,144
5,650,017
12,357
1,475,709
2,172,625
375,889
1,001,856 113,651 745,476 74,062
79,283
Fire Stations Repairs/Replacement (6,741,561)Fire Response Vehicles (862,091)
Fire Safety Equipment (200,738)Police Response Vehicles (708,702)
Public Safety Communication Systems (707,797)Police Facility Repairs (62,780)
Police Equipment (13,154)Streets (12,187,144)
Other Public Infrastructure (5,650,017)Sports Courts and Fields (12,357)
Non‐Safety Vehicles (1,475,709)Recreation and Senior Centers (2,172,625)
Civic Center and South Libraries (375,889)Other Public Facilities (1,001,856)
Traffic Signal Systems (113,651)Park Infrastructure (745,476)
Citywide Network Replacement (74,062)Citywide Telecommunications (79,283)
2021/07/27 City Council Post Agenda Page 325 of 391
Page 5 of 9
for Fire Station 5 began March 2020 and is scheduled to be completed on March 2021.
Construction for Fire Station 9 began April 2020 and is scheduled to be completed April 2020.
Street Pavement Phases I & II (STL0427 & STL0430):
Pavement rehabilitation projects on various streets based on recommendations from City's
Pavement Management System for streets with pavement condition index (PCI). The PCI score
was utilized to identify failed (PCI 0‐25) and failing (PCI 25‐34) street segments that could be
addressed using Measure P funding.
Project STL0427 was awarded in January 2018, which was the first phase of the pavement
rehabilitation project and included street segments with PCI scores ranging from 0 to 15.
Construction on the first phase ended on October 2018. The second phase, STL0430, includes
street segments with PCI scores up to 34. The second phase was awarded by Council in April
2019. Approximately 121,451 feet (23 miles) of pavement will be rehabilitated as part of this
project. Estimated Completion: August of 2020.
Other Infrastructure ‐ CMP Rehabilitation Outside ROW Phases I & II (DRN0209, DRN0210,
DRN0211 & DRN0216):
Rehabilitation of failed Corrugated Metal Pipe (CMP) and other storm drain related repairs
outside the right of way. Project DRN0210 cleaned, videotaped and evaluated approximately
28,500 lineal feet of CMP.
Project DRN0209 began construction in March 2018 and repaired 28 CMP locations (3,864 linear
feet of CMP) for a project cost of approximately $991,944. Construction was completed in
December of 2018.
Project DRN0211 repaired 134 CMP locations of approximately 18,908 linear feet of storm
drainpipe. A total of 14,955 linear feet of CMP was repaired in FY19/20. Total project costs were
approximately $7,195,911.
Project DRN0216 is dedicated to addressing future emergency CMP failures. By having a funded
CIP project readily available, emergency failures can be addressed directly by this project;
eliminating the need to coordinate with other storm drain CIP projects for change orders to
complete construction based on funding availability.
Other Infrastructure ‐ Sidewalk Replacement Citywide (STL0428 & STL0443):
This project will replace damaged sidewalk at various locations throughout the City based on
recommendations from the Pedestrian Connectivity Plan. The first project (STL0428) to replace
sidewalks was awarded in June 2019 and completed construction in December of 2019.
Approximately 100 sidewalk locations were repaired. The second project (STL0443) was awarded
in August 2019 and began repair of roughly 6,200 locations exhibiting moderate‐to‐small heave
displacements in March of 2020. These repairs are being accomplished through a multi‐year
2021/07/27 City Council Post Agenda Page 326 of 391
Page 6 of 9
contract with a qualified on‐call concrete slicing contractor. Estimated Completion: Summer of
2022.
Traffic Signal System‐Fiber Network (TRF0408):
Traffic signal replacements and improvements for 13 locations including: expansion of City fiber
optics, wireless and/or twisted pair communications, expansion of Adaptive Signal System, and
installation of traffic monitoring devices. Project is scheduled to advertise in the Summer of 2020.
Max Field/Loma Verde Accessibility Study (PRK0333):
Consultant has completed review of the sports complex area and determined where a new
pedestrian crossing point across the Palm Road basin should be provided in order to re‐establish
pedestrian connectivity between the Loma Verde Recreation Center and Max Field Sports
Complex since the wooden stairway was removed. Consultant has also completed several
parking lot alternatives and an A.D.A. accessibility review of the sports complex site including a
geotechnical analysis of the failed retaining wall along the southerly edge of the site. Final draft
report in progress. Estimated Completion: September 2020.
Irrigation Head Replacement (PRK0327):
Staff time associated with the replacement of irrigation heads at Otay Park and Montevalle Park
to support efforts to change out sprinkler heads for higher efficiency and more effective water
distribution.
Citywide Smart Irrigation Study (PRK0326):
Consultant‐led study performing an assessment of current irrigation systems and
recommendations on projects, ranked by priority, to replace failed irrigation infrastructure, and
to transition all irrigation controls to a smart, cloud‐based operating system.
Fire Station 1 Roof Replacement (GGV0230):
This project replaced existing mission clay tile roof system, sealed and restored flashings, cleared
drains and valley flashings, installed new hood flashings, and replaced synthetic roofing
underlayment.
Fire Station 9 Site Clearance and Demo (GGV0230):
This project resulted in the clearance and demolition of the structure at 1095 Alpine Avenue to
prepare the location for a new Fire Station 9.
Chula Vista Women’s Club Roof Replacement (GGV0233):
The project resulted in the removal and partial salvage of the existing roof material then re‐
installation of salvaged roofing materials, installation of new roofing materials and miscellaneous
repairs. The project was completed in September 2020.
2021/07/27 City Council Post Agenda Page 327 of 391
Page 7 of 9
Norman Park Senior Center Restrooms and Kitchen Renovations & ADA Parking Upgrades
(GGV0233):
This project remodeled the kitchen and restrooms on the ground floor to comply with ADA
accessibility requirements and reconstructed and reconfigured a portion of the Center’s parking
lot to provide ADA compliant parking and path of travel.
Norman Park Senior Center Roofing and Deck Improvements (GGV0233):
This project included structural repairs and replacements to the exterior 2nd floor balcony deck
and roof systems to eliminate water leaks, modifications to 2nd floor windows and restored and
painted exterior wood and stucco building surfaces. Construction began in March 2020 and the
project was completed in July 2020.
Women’s Club Window Replacement & Exterior Painting (GGV0233):
This project was awarded on June 24, 2020 for the installation of new windows and screens,
associated stuccos and lath and plaster repairs, and exterior painting. Estimated completion date
January 2021.
1301 Oleander Avenue (formerly Boys & Girls Club) Roof Replacement (GGV0234):
This project installed a new roof and roof access ladders at the former Boys & Girls Club facility
located at 1301 Oleander Avenue. Construction began in June 2020 and project was completed
in October 2020.
Living Coast Discovery Center Roof Replacement (GGV0234):
This project replaced existing roof systems on Building 1 and Building 4 with new Cool Roof Rating
Counsel (CRRC) compliant and Energy Star rated type roof systems. Corroded purlins located
inside Building 4 were also replaced and hip cap flashing joints were reinforced and resealed on
Building 2, 3 and 5. The project was completed in November 2020.
Fire Station Rollup Doors (GGV0249):
New fire station high speed powered roll‐up doors and electrical control systems were installed
at Fire Stations 2, 3, 4, 6, and 7. Construction began in May 2020 and the project was completed
in September 2020.
City of Chula Vista Roof Improvements – Ken Lee Building, South Chula Vista Library, Discovery
Park, Eucalyptus Park/ “Menzel Field” (GGV0231, GGV0234, PRK0326):
Replacement of existing roof systems with new Cool Roof Rating Counsel (CRRC) compliant and
Energy Star® rated white single‐ply roof systems at Ken Lee Building and South Chula Vista
Library.
Removed existing roof system on both Discovery Park snack bar and restroom facility and
installed new lightweight composite mission‐style roof system on both buildings.
Removed existing and installed new asphalt shingle roof system on restrooms located at
Eucalyptus Park “Menzel Field.”
2021/07/27 City Council Post Agenda Page 328 of 391
Page 8 of 9
Breezewood Park and Rancho Del Rey Replacement of Citywide Playgrounds and Resilient
Surfaces (PRK0326):
Replaced playground equipment and play area surface to new poured in place rubber playground
surfacing for protection of falls at Rancho Del Rey Park.
Replaced playground equipment and upgraded pour in place rubber playground surfacing at
Breezewood park. Also installed a shade structure, and installed ADA compliant ramp for ease of
access.
Sidewalk and Pavement Improvements at City Parks (PRK0326):
The design of this project began in March 2020 and the project was awarded August 18, 2020.
The project includes the installation of sidewalk and pavement improvements at four (4) City park
locations: Eucalyptus Park, Los Niños Park, Rohr Park and Terra Nova Park. ADA compliant
bleachers were also installed at Eucalyptus Park. Estimated completion date is May 2021.
Winding Walk Park/Veterans Park Lighting (PRK0326):
The design of this project began in September 2019 and the project was awarded in May 2020.
The project will replace failing pedestrian walkway and parking lot lighting at Winding Walk Park
and Veterans Park and Recreation Center. Estimated completion date is April 2021.
Non‐Safety Vehicles:
Measure P allowed for the purchase of vehicles that were beyond their recommended
replacement date. The replacement of these vehicles improves reliability, reduces maintenance
and fuel costs and in some cases allowed for the transition to electric vehicles which supports
the City’s sustainability goals. One additional electric vehicle was purchased for the Fire
Department in fiscal year 2020. The vehicles listed below represent only those not assigned to
Safety. In fiscal year 2020 approximately $1.45 million has been spent on public services
vehicles. Major purchases include:
(2) Ford Transit T‐350 Trucks
(2) Ford F‐350 Construction and Repair Trucks
(6) John Deere Gators (Park Maintenance)
(3) Ford F‐250 Park Maintenance Trucks
(1) 10‐Yard Dump Truck
(2) 5‐Yard Dump Trucks
(1) Vermeer Stump Grinder
(1) Vermeer Chipper
2021/07/27 City Council Post Agenda Page 329 of 391
Page 9 of 9
Conclusion
The Citizens Oversight Committee notes that this Annual Report refers only to the period from
July 1, 2019 to June 30, 2020. This report presents the third full year of collections and
expenditures for the Measure P funds. During this period the Committee took additional steps to
improve the format, content, and scope of reports on expenditures, work schedule, and public
information efforts required to provide citizens with transparency on the finances associated
with the implementation of Measure P.
In April 2017, City staff provided a status report to the Committee on the pending Measure P
bond issuance. The intent of the bond issuance was to advance the funds necessary to initiate
projects listed by the City as critical red assets (those in imminent stages of failure) in the City’s
Asset Management Plan.
On July 27, 2017, City staff reported to the Committee that the bond issuance had been
successful, generating $70,000,000 in net bond proceeds to be used for Measure P projects.
Accordingly, all budgets for the Measure P Spending Plan were prepared in compliance with the
ordinance, including the net bond proceeds.
The Citizens Oversight Committee has reviewed the Independent Auditor’s Report on
Compliance with Applicable Requirement prepared by the audit firm of Lance, Soll and Lunghard
(LSL), the Measure P Spending Plan, and various expenditure and revenue reports prepared by
the City staff. In its report dated June 30, 2020, the auditor “did not identify any deficiencies in
internal control over compliance…”. Further, it was the auditor’s opinion that “the City complied,
in all material respects, with the requirements…” of the 2016 Measure P Sales Tax Fund.
We would like to acknowledge City staff for their dedication and support to the COC. They have
been responsive as we work to ensure transparency in the reporting of Measure P Funds.
Attachment A – Copy of the FY20 Audited Report
Attachment B – Fiscal Year 2019‐20 Expenditure Report (For Informational Purposes Only)
2021/07/27 City Council Post Agenda Page 330 of 391
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22021/07/27 City Council Post Agenda Page 335 of 391
Cash and investments 32,279,021$
Accounts receivable 162
Accrued interest receivable 143,328
Prepaid expenses 170,238
Restricted cash and investments 15,365,506
Total Assets 47,958,255$
Liabilities:
Accounts payable 4,333,038$
Retention payable 1,053,534
Total Liabilities 5,386,572
Assigned for Measure P Sales Tax 42,571,683
Total Fund Balance 42,571,683
Total Liabilities and Fund Balance 47,958,255$
CITY OF CHULA VISTA
Fund Balance:
Assets:
JUNE 30, 2020
BALANCE SHEET
SCHEDULES OF 2016 MEASURE P SALES TAX FUND
32021/07/27 City Council Post Agenda Page 336 of 391
STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
FOR THE YEAR ENDED JUNE 30, 2020
Revenues:
Local sales and use tax 20,037,276$
Use of money and property 1,648,049
Miscellaneous 80,149
Total Revenues 21,765,474
Expenditures:
Contracted services 2,000
Equipment and shared infrastructure costs 838,160
Capital outlay 31,414,523
Debt service:
Principal retirement 6,442,184
Interest and fiscal charges 2,625,625
Total Expenditures 41,322,492
Net Change in Fund Balance (19,557,018)
Fund Balance at Beginning of Year 62,128,701
Fund Balance at End of Year 42,571,683$
SCHEDULES OF 2016 MEASURE P SALES TAX FUND
CITY OF CHULA VISTA
42021/07/27 City Council Post Agenda Page 337 of 391
Citywide Infrastructure, Facilities and Equipment Expenditure Plan
1/2 cent Sales Tax Revenues over 10 year period
Summary Table Fiscal Year 2020
Total by Major Category 10‐Year Timeframe FY20 Expenditures
Fire Stations Repairs/Replacement 26,210,449 6,575,514
Fire Response Vehicles (Apparatus) 19,847,580 862,091
Fire Safety Equipment 5,197,913 200,738
Total Fire Services 51,255,942$ 7,638,343$
Police Response Vehicles 12,951,470 708,702
Public Safety Communication Systems (CAD Dispatch and Regional Communication Systems) 8,678,862 707,797
Police Facility Repairs 2,101,000 62,780
Police Equipment 611,145 13,154
Total Police Services 24,342,477$ 1,492,433$
Streets (Arterials/Collectors/Residential) 24,143,861 11,956,182
Other Public Infrastructure (Storm Drains, Drainage Systems, Sidewalks, Trees etc.) 15,585,295 5,466,619
Sports Fields and Courts 16,966,595 4,740
Non‐Safety Vehicles 11,195,100 1,475,709
Recreation and Senior Centers 14,676,617 2,144,947
Civic Center and South Libraries 3,250,000 370,989
Other Public Facilities (Living Coast Discovery Center, Public Works Center etc.) 6,036,000 982,583
Traffic Signal Systems 7,000,000 25,510
Park Infrastructure (Playground Equipment, Gazebos, Restrooms, Benches, Parking etc. ) 10,307,740 699,138
Citywide Network Replacement 2,080,700 74,062
Citywide Telecommunications 2,155,602 79,283
Total Infrastructure 113,397,510$ 23,279,761$
Total Proposed Allocations 188,995,929$ 32,410,537$
City Staff Time ‐ 774,352
Total City Staff Time ‐$ 774,352$
Annual Debt Service Payments 78,234,834 8,128,750
Total Debt Service Expenses 78,234,834$ 8,128,750$
Audit Fees 48,773 ‐
Bond Administration 65,356 2,000
Banking Fees ‐ 6,852
Cost of Issuance 563,210 ‐
Total Administrative Expenses 677,339$ 8,852$
Total Expenditures 267,908,102$ 41,322,491$
2021/07/27 City Council Post Agenda Page 338 of 391
v . 0 03 P a g e | 1
July 27, 2021
ITEM TITLE
Presentation of Emergency Order 008-2021 Updating and Consolidating, where Appropriate, the Status of
All Emergency Orders Issued by the Chula Vista Director of Emergency Services from April 2020 Through
May 2021 as a Result of the Covid-19 Pandemic
Report Number: 21-0118
Location: No specific geographic location
Department: City Clerk & City Manager
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California
Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no
environmental review is required. Notwithstanding the foregoing, the activity also qualifies for an
Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines.
Recommended Action
Ratify and approve Emergency Order 008-2021 to update and consolidate, as appropriate, the status of all
Emergency Orders issued by the Chula Vista Director of Emergency Services from April 2020 through May
2021 as a result of the COVID-19 pandemic.
SUMMARY
From April 2020 through May 2021, the Chula Vista Emergency Services director issued multiple Emergency
Orders intended to protect public health and safety and provide assistance to individuals and businesses
impacted by the effects of the COVID-19 pandemic. Staff now seeks to confirm, amend, and to a limited extent,
extend, the status of previously issued Emergency Orders to facilitate and support our community’s recovery
effort. The proposed Emergency Order 008-2021 updating and consolidating, as appropriate, the status of
all Emergency Orders is being presented to City Council for ratification and approval prior to execution by
the City Manager.
2021/07/27 City Council Post Agenda Page 339 of 391
P a g e | 2
ENVIRONMENTAL REVIEW
The proposed Emergency Order 008-2021 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. Notwithstanding the foregoing, it has also been determined that the activity qualifies for an
Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines.
Thus, no environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
The COVID-19 pandemic has had profound and wide-ranging impacts on our City and its residents. Some of
the most basic and routine parts of our lives have been substantially altered and adjusted to account for this
unprecedented public health emergency. Over the past year and a half, individuals, families, organizations
and businesses have all stepped up to do their part to stop the spread of the COVID-19 virus. Governments
at the local, state, and national level have also been integral to the pandemic response.
Starting in April of last year, the Chula Vista Director of Emergency Services (“Emergency Director”) issued
the first of a series of local emergency orders to protect the health and safety of our community and provide
assistance to individuals and businesses impacted by the pandemic. From April 2020 through May 2021, a
series of fourteen emergency orders and amendments to those orders were issued by the Emergency
Director in accordance with Chula Vista Municipal Code 2.14.080. Each emergency order was then brought
forward to the City Council for confirmation and ratification.
Now, in July 2021, as the result of the significant sacrifices and efforts of our community, there are
substantially lower rates of disease transmission and death in both Chula Vista and the larger San Diego
community. In response to the increase in vaccinations and decrease in community spread, many state and
local restrictions related to the pandemic have been lifted. As of June 15, 2021, the Order of the Health Officer
and Emergency Regulations of the County of San Diego expired, with the exception of specified isolation and
quarantine provisions. As of June 15, 2021, the Governor of California terminated his Stay Home Order and
the Blueprint for a Safer Economy but maintained the state of emergency declaration, as new variants of the
COVID-19 are still spreading, particularly in locations with low vaccination rates. Many other state
emergency orders have expired or been rescinded.
At this time, staff recommend that all local emergency orders be consolidated and updated, as appropriate,
through proposed Emergency Order 008-2021. Staff recommend minor adjustments or brief extensions of
some emergency orders to facilitate and support our community’s pandemic recovery efforts. The following
is a summary of each emergency order issued and amended, the current status of each order as of this date,
and any revisions or extensions being proposed at this time:
Emergency Order 002-2020: This order became effective April 10, 2020 and was subsequently
amended on September 15, 2020, November 19, 2020, and December 3, 2020. It adopted the Order
of the Health Officer and Emergency Regulations of the County of San Diego (“County Order”), as
2021/07/27 City Council Post Agenda Page 340 of 391
P a g e | 3
amended from time to time, as a City Order and authorized local enforcement of such order.
Emergency Order 002-2020 remained in effect through the duration of the County Order, including
any County extensions thereof. Because all County Orders, with the exception of County isolation and
quarantine orders, expired effective June 15, 2021, Emergency Order 002-2020 expired June 15,
2021.
Emergency Orders 002-A, B, C & D-2020:
o Emergency Order 002-A-2020 became effective April 11, 2020 and ordered that all City
Council meetings be conducted via teleconference, ordered all City Board, Commission, and
Committee meetings canceled until further notice unless necessitated by emergency
circumstances, closed all City parks and most City trails, and issued face covering
requirements. Emergency Order 002-A-2020 was superseded by Emergency Order 002-B-
2020 effective April 23, 2020.
o Emergency Order 002-B-2020 effective April 23, 2020 expanded previously issued face
covering requirements contained in Emergency Order 002-A-2020 and maintained the
provisions of such order related to City Council, Board, Commission, and Committee
meetings, as well as City parks and trails. Emergency Order 002-B-2020 was superseded by
Emergency Order 002-C-2020 on May 8, 2020.
o Emergency Order 002-C-2020 effective May 8, 2020 expanded previously issued face
covering requirements contained in Emergency Order 002-B-2020, opened City parks and
trails daily for specific time periods and uses, and maintained the provisions of Emergency
Order 002-B-2020 related to City Council, Board, Commission, and Committee meetings.
Emergency Order 002-C-2020 was superseded by Emergency Order 002-D-2020 on May 20,
2021.
o Emergency Order 002-D-2020 effective May 21, 2021 updated face covering requirements
and allowable uses of City parks and trails, and maintained the provisions of Emergency
Order 002-C-2020 related to City Council, Board, Commission, and Committee meetings.
Emergency Order 002-D-2020 was amended effective May 21, 2021 to specify that Council
meetings may be conducted via teleconference, ordered that City Board, Commission, and
Committee meetings be conducted via teleconference unless a physical, in-person meeting is
necessary, updated allowable uses at City parks and trails and maintained face covering
requirements. Proposed Emergency Order 008-2021 further amends Emergency Order 002-
D-2020 to specify that all City Council, Board, Commission and Committee meetings may be
conducted via teleconference through September 30, 2021, and maintains provisions
regarding City trails and parks, as well as face covering requirements.
Emergency Order 003-2020: This order became effective April 1, 2020 and issued a moratorium
on residential and commercial tenant evictions. Such order remained in effect through May 31, 2020.
The moratorium on residential and commercial evictions was extended via Emergency Order 005-
2020 until July 31, 2020. Emergency Order 005-2020 expired as of August 1, 2020.
Emergency Order 004-2020: This order became effective May 22, 2020 and tolled and extended all
deadlines for land use and building permit-related actions starting May 22, 2020 for 180 days.
Emergency Order 004-2020 was subsequently amended effective March 10, 2021 to allow tolling and
extension of all land use and building permit-related actions for additional 180 day periods through
July 4, 2021 and to waive any fees associated with applications to extend or toll such actions. All
tolling and extensions authorized by amended Emergency Order 004-2020 end on or about
2021/07/27 City Council Post Agenda Page 341 of 391
P a g e | 4
December 31, 2021. Thereafter, no further tolling or extension will be authorized pursuant to the
Emergency Order. Proposed Emergency Order 008-2021 confirms that the provisions of this order
will remain unchanged.
Emergency Order 006-2020: This order became effective July 29, 2020 and permitted qualified
businesses to operate in qualified outdoor areas on private property pursuant to certain standards
and requirements. Emergency Order 006-2020 was amended effective November 24, 2020 to expand
the types of qualified businesses permitted to operate in qualified outdoor areas on private property.
This order terminates on July 28, 2021 at 11:59pm absent further action from the Emergency
Director or the City Council. Proposed Emergency Order 008-2021 extends the provisions of
Emergency Order 006-2020 and allows qualified businesses to continue operating in qualified
outdoor areas on private property through September 30, 2021.
Emergency Order 007-2020: This order became effective February 24, 2021 and capped delivery
service fees on a per-order basis. Such Order continues in effect until 60 days after Retail Food
Establishments are permitted to resume indoor dining at 100% capacity. The State of California
ended capacity limits on all businesses on June 15, 2021. As a result, Emergency Order 007-2020 will
expire on August 14, 2021. Proposed Emergency Order 008-2021 confirms that the provisions of this
order will remain unchanged.
The standard procedure for issuing prior emergency orders has been for the Emergency Director to sign the
emergency order and then bring it forward to the City Council for confirmation and ratification pursuant to
Chula Vista Municipal Code section 2.14.080. In this instance, given the nature of Emergency Order 008-2021
and the status of the pandemic, staff felt it was appropriate to bring this item to City Council for review,
ratification, and approval first. If ratified and approved, City Council may then direct the City Manager to
execute the order.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and
consequently, the real property holdings of the City Council members do not create a disqualifying real
property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
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.
CURRENT-YEAR FISCAL IMPACT
The COVID-19 pandemic creates a wide range of potential fiscal impacts to the City; however, the subject
resolution to approve Emergency Order 008-2021 is unlikely to contribute in any significant way to such
current-year fiscal impacts. Staff is evaluating the broader fiscal impact of the current public health crisis,
and a comprehensive report will be presented to council in the future.
ONGOING FISCAL IMPACT
The COVID-19 pandemic creates a wide range of potential fiscal impacts to the City; however, the subject
resolution to approve Emergency Order 008-2021 is unlikely to contribute in any significant way to such
2021/07/27 City Council Post Agenda Page 342 of 391
P a g e | 5
ongoing fiscal impacts. Staff is evaluating the broader fiscal impact of the current public health cr isis, and a
comprehensive report will be presented to council in the future.
ATTACHMENTS
1. Attachment A: Emergency Order No. 008-2021
Staff Contact: Maria V. Kachadoorian; Kerry Bigelow; Kelly Broughton; Glen Googins
2021/07/27 City Council Post Agenda Page 343 of 391
Page 1 of 5
EMERGENCY ORDER
OF THE CHULA VISTA DIRECTOR OF EMERGENCY SERVICES
[Order No. 008-2021]
Effective Date: July 28, 2021
WHEREAS, this order is issued as a result of a worldwide COVID-19 pandemic declared
by the World Health Organization on January 30, 2020 and a Public Health Emergency due to
the COVID-19 virus declared by the United States Secretary of Health and Human Services on
January 31, 2020.
WHEREAS, as of the date of this order, the COVID-19 virus continues to represent a
danger to the Chula Vista community (to persons, businesses, and property including both
physical and economic harm), and has significantly impacted the City’s personnel and financial
resources. The actions required by this Order are necessary to reduce the number of individuals
who will be exposed to COVID-19, and will thereby slow the spread of COVID-19 in the City
of Chula Vista. By reducing the spread of COVID-19, this Order will save lives and increase
public safety to persons and property, and reduces both physical and economic harm.
WHEREAS, this Order is issued in accordance with, and incorporates by reference: the
Proclamation of Local Emergency issued by the Chula Vista Director of Emergency Services on
March 13, 2020; Chula Vista City Council Resolution No. 2020-065; Chula Vista City Council
Emergency Ordinance No. 3484-A; the Declaration of Local Health Emergency issued by the
County of San Diego Health Officer on February 14, 2020; the Proclamation of a State of
Emergency issued by the Governor of the State of California on March 4, 2020; Executive Order
N-08-21 issued by the Governor of the State of California on June 11, 2021; and Proclamation
9994 regarding COVID-19 issued by the former President of the United States on March 11,
2020 and continued by President Joseph R. Biden, Jr. on February 24, 2021.
WHEREAS, this Order comes after the release of substantial guidance from the County
of San Diego Public Health Officer, the California Department of Public Health, the Centers for
Disease Control and Prevention, and other public health officials throughout the United States
and around the world.
WHEREAS, this Order comes after the issuance of previous Emergency Orders by the
Emergency Director, which are summarized herein as follows:
a. Emergency Order 002-2020 effective April 10, 2020 and subsequently amended on
September 15, 2020, November 19, 2020, and December 3, 2020 adopted the Order of
the Health Officer and Emergency Regulations of the County of San Diego (“County
Order”), as amended from time to time, as a City Order and authorized local enforcement
of such order. Emergency Order 002-2020 remained in effect through the duration of the
County Order, including any County extensions thereof. All County Orders, with the
exception of County isolation and quarantine orders, expired effective June 15, 2021. As
a result, Emergency Order 002-2020 expired June 15, 2021.
2021/07/27 City Council Post Agenda Page 344 of 391
Page 2 of 5
b. Emergency Order 002-A-2020 effective April 11, 2020 ordered that all City
Council meetings be conducted via teleconference, ordered all City Board, Commission,
and Committee meetings canceled until further notice unless necessitated by emergency
circumstances, closed all City parks and most City trails, and issued face covering
requirements. Emergency Order 002-A-2020 was superseded by Emergency Order 002-
B-2020 effective April 23, 2020.
Emergency Order 002-B-2020 effective April 23, 2020 expanded previously
issued face covering requirements contained in Emergency Order 002-A-2020 and
maintained the provisions of such order related to City Council, Board, Commission, and
Committee meetings, as well as City parks and trails. Emergency Order 002-B-2020 was
superseded by Emergency Order 002-C-2020 on May 8, 2020.
Emergency Order 002-C-2020 effective May 8, 2020 expanded previously
issued face covering requirements contained in Emergency Order 002-B-2020, opened
City parks and trails daily for specific time periods and uses, and maintained the
provisions of Emergency Order 002-B-2020 related to City Council, Board,
Commission, and Committee meetings. Emergency Order 002-C-2020 was superseded
by Emergency Order 002-D-2020 on May 20, 2021.
Emergency Order 002-D-2020 effective May 21, 2021 updated face covering
requirements and allowable uses of City parks and trails, and maintained the provisions
of Emergency Order 002-C-2020 related to City Council, Board, Commission, and
Committee meetings. Emergency Order 002-D-2020 was amended effective May 21,
2021 to specify that Council meetings may be conducted via teleconference, ordered that
City Board, Commission, and Committee meetings be conducted via teleconference
unless a physical, in-person meeting is necessary, updated allowable uses at City parks
and trails and maintained face covering requirements. The operative language of this
order below further amends Emergency Order 002-D-2020 to specify that all City
Council, Board, Commission, and Committee meetings may be conducted via
teleconference through September 30, 2021.
c. Emergency Order 003-2020 effective April 1, 2020 ordered a moratorium on residential
and commercial tenant evictions. Such order remained in effect through May 31, 2020.
The moratorium on residential and commercial evictions was extended via Emergency
Order 005-2020 until July 31, 2020. Emergency Order 005-2020 expired as of August 1,
2020.
d. Emergency Order 004-2020 effective May 22, 2020 tolled and extended all deadlines
for land use and building permit-related actions starting May 22, 2020 for 180 days.
Emergency Order 004-2020 was subsequently amended effective March 10, 2021 to
allow tolling and extension of all land use and building permit-related actions for
additional 180 day periods through July 4, 2021 and to waive any fees associated with
applications to extend or toll such actions. All tolling and extensions authorized by
amended Emergency Order 004-2020 end on or about December 31, 2021. Thereafter,
no further tolling or extension will be authorized pursuant to the Emergency Order. The
operative language of this order below confirms that the provisions of Emergency Order
004-2020 will remain unchanged.
e. Emergency Order 006-2020 effective July 29, 2020 permitted qualified businesses to
operate in qualified outdoor areas on private property pursuant to certain standards and
requirements. Emergency Order 006-2020 was amended effective November 24, 2020
2021/07/27 City Council Post Agenda Page 345 of 391
Page 3 of 5
to expand the types of qualified businesses permitted to operate in qualified outdoor areas
on private property. The Order terminates on July 28, 2021 at 11:59pm absent further
action from the Emergency Director or the City Council. The operative language of this
order below extends the provisions of Emergency Order 006-2020 through September
30, 2021.
f. Emergency Order 007-2020 effective February 24, 2021 capped delivery service fees
on a per-order basis. Such Order continues in effect until 60 days after Retail Food
Establishments are permitted to resume indoor dining at 100% capacity. The State of
California ended capacity limits on all businesses on June 15, 2021. As a result,
Emergency Order 007-2020 will expire on August 14, 2021. The operative language of
this order below confirms that the provisions of Emergency Order 007-2020 will remain
unchanged.
WHEREAS, City desires to update and consolidate, as appropriate, its Emergency Orders
to address current conditions.
WHEREAS, with this Order, the Emergency Director is hereby exercising their
independent judgment to make and issue rules and regulations reasonably related to the
protection of life and property, pursuant to Chula Vista Municipal Code section 2.14.080(F)(1),
subject to confirmation of the City Council at the earliest practical time.
WHEREAS, prior to its execution, the terms of this order were presented to the City
Council.
NOW, THEREFORE, pursuant to CVMC section 2.14.080 [Director – Powers and
Duties], Chula Vista City Council Resolution No. 2020-065, and the Proclamation of State
Emergency issued on March 4, 2020 by the Governor of the State of California, the Chula Vista
Director of Emergency Services (“Emergency Director”) hereby
ORDERS AS FOLLOWS:
Effective 12:01 a.m. on July 28, 2021:
1. Paragraphs 1 and 2 of Emergency Order 002-D-2020 effective May 21, 2021 are withdrawn
and replaced as follows:
City Council Meetings. City Council meetings may be conducted via teleconference until
September 30, 2021. Members of the City Council and staff may participate in City Council
meetings via teleconference. The public may view the meeting on television and/or online,
and may submit comments online at: www.chulavistaca.gov/councilmeetings. Further
information regarding public participation is described at:
www.chulavistaca.gov/councilmeetings.
City Board, Commission, and Committee Meetings. All City Board, Commission, and
Committee meetings may be conducted via teleconference and members of the City
Boards, Commissions, and Committees, and staff may participate in such meetings via
teleconference, until September 30, 2021.
2021/07/27 City Council Post Agenda Page 346 of 391
Page 4 of 5
All other provisions of Emergency Order 002-D-2020 effective May 21, 2021 [face
covering and gathering requirements, allowable uses of City parks and trails] shall remain
in place and unchanged.
2. The provisions of Emergency Order 004-2020 effective March 10, 2021 [tolling and
extension of deadlines for land use and building permit-related actions and waiver of
related fees] shall remain in place and unchanged through December 31, 2021, upon which
time they will expire.
3. The provisions of Emergency Order 006-2020 effective November 24, 2020 [permitting
qualified businesses to operate in qualified outdoor areas on private property subject to
standards and requirements] are hereby extended and shall have full force and effect
through September 30, 2021, upon which time they will expire.
4. The provisions of Emergency Order 007-2020 effective February 24, 2021 [cap on delivery
service fees] shall remain in place and unchanged through August 14, 2021, upon which
time they will expire.
5. The provisions of Emergency Orders 002-2020, 002-A-2020, 002-B-2020, 002-C-2020,
003-2020, and 005-2020 are expired in accordance with the individual conditions
contained in such orders.
SO ORDERED,
BY:
_____________________________________
Maria V. Kachadoorian,
City Manager/Director of Emergency Services
City of Chula Vista
Approved as to Form:
BY:
_____________________________________
Glen R. Googins,
City Attorney
City of Chula Vista
2021/07/27 City Council Post Agenda Page 347 of 391
Page 5 of 5
Ratified and approved by City Council
Vote on: _____________________________
2021/07/27 City Council Post Agenda Page 348 of 391
COVID-19 Related
Emergency Orders
April 2020 -present
2021/07/27 City Council Post Agenda Page 349 of 391
March 13, 2020
Proclamation of Local Emergency
March 17, 2020
Council Ratification of Proclamation of Local Emergency
Declaration of Local Emergency
2021/07/27 City Council Post Agenda Page 350 of 391
Expand Local
Enforcement
Options
Emergency Order 002-2020
County Health Order adopted as the City’s Order,
and violations may be enforced by local law
Issued: April 10, 2020
Amended: Three times (Sept. 15, 2020, Nov. 19,
2020 & Dec. 3, 2020) to expand and strengthen
Status: Expired as of June 15, 2021.
2021/07/27 City Council Post Agenda Page 351 of 391
General Local
Provisions
Emergency Orders 002-A to D-2020
-Council Meetings
-Board, Commission, & Committee Meetings
-City Parks & Trails
-Face Covering Requirements
Issued: April 11, 2020
Amended: Four times (April 23, 2020, May 5, 2020, July
10, 2020 & May 20, 2021) to adjust to changing
regulations and pandemic status
Status: (1) Amendments proposed tonight to allow
meetings to be conducted in person or via teleconference
thru Sept. 30, 2021; (2) City Parks, City Trails, & Face
Covering rules remain.
2021/07/27 City Council Post Agenda Page 352 of 391
Eviction
Moratorium
Emergency Orders
003-2020 & 005-2020
Eviction moratorium for residential and
commercial tenants
Issued: April 1, 2020
Amended: July 1, 2020 to extend
moratorium thru July 31, 2020
Status: Expired July 31, 2020. State,
County, and Federal protections
remain. No proposed local extension.
2021/07/27 City Council Post Agenda Page 353 of 391
Land Use &
Building Permit
Deadlines
Emergency Order 004-2020
All deadlines for land use and building
permit-related actions are tolled and
extended for 180 day periods
Issued: May 22, 2020
Amended: Mar. 10, 2021 to extend and
waive associated fees
Status: Will terminate on December 31,
2021.
2021/07/27 City Council Post Agenda Page 354 of 391
Outdoor Business
Operations
Allowed
Emergency Order 006-2020
Allows qualified businesses to operate in
qualified outdoor areas on private
property subject to standards
Issued: July 29, 2020
Amended: Nov. 23, 2020 to include
more businesses
Status: Terminates July 28, 2021.
Amendments proposed tonight would
extend provisions thru Sept. 30, 2021.
2021/07/27 City Council Post Agenda Page 355 of 391
Restaurant
Delivery Fees
Capped
Emergency Order 007-2020
Cap imposed on per-order food
delivery service fees
Issued: Feb. 24, 2021
Status: Terminates August 14, 2021.
2021/07/27 City Council Post Agenda Page 356 of 391
Tonight’s
Proposed
Emergency
Order
008-2021
Meetings, Parks & Trails, Face Coverings (002-D-2020)
Allow virtual meetings option thru Sept. 30, 2021.
Toll & Extend Land Use Deadlines (004-2020)
Remain in place thru Dec. 31, 2021.
Outdoor Business Operation on Private Prop (006-2020)
Extend thru Sept. 30, 2021.
Cap on Delivery Service Fees (007-2020)
Remain in place thru August 14, 2021.
If approved & ratified by Council,
will be issued by City Manager on July 28, 2021.
All other orders remain expired according to individual terms.
(002-2020, 002-A to D-2020, 003-2020, & 005-2020)
2021/07/27 City Council Post Agenda Page 357 of 391
Questions?
2021/07/27 City Council Post Agenda Page 358 of 391
v . 0 03 P a g e | 1
July 27, 2021
ITEM TITLE
Contract Amendment: Waiving Competitive Bidding Requirements and Amending an Agreement with SBCS
Corporation to Increase Funding and Update Scope to Comply with AB 832 for the Administration of the
Emergency Rental and Utility Assistance Program
Report Number: 21-0115
Location: No specific geographic location.
Department: Development Services
Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the California
Environmental Quality Act State Guidelines; therefore pursuant to State Guidelines Section 15060(c)(3) no
environmental review is required. Under NEPA, the activity qualifies for a Categorical Exclusion not subject
to 24 CFR 50.19(b) (3), (11), and (12) of the Code of Federal Regulations.
Recommended Action
Adopt a resolution waiving the competitive bidding requirements pursuant to Chula Vista Municipal Code
Section 2.56.070(b)(3) and approving a first amendment to the contractor/service provider agreement
with SBCS Corporation to provide an emergency and utility assistance program funded by State and
Federal Consolidated Appropriations Act of 2021 allocations.
SUMMARY
On February 16, 2021, the Chula Vista City Council adopted Resolution No. 2021-033, approving an
Emergency Rental and Utility Assistance Program (“ERAP”) allocating up to $8,000,000 in Emergency Rental
Assistance (“ERA”) funds from the U.S. Department of Treasury and the State of California to assist
households who have suffered a direct financial impact resulting from the COVID-19 pandemic. Due to
changes in State Legislation under Assembly Bill (AB) 832 in rental allowance assistance and local needs for
such assistance, staff recommends additional funding be awarded to SBCS Corporation (“SBCS”) to provide
rental and utility assistance to eligible households earning less than 80% of the area median income.
2021/07/27 City Council Post Agenda Page 359 of 391
P a g e | 2
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activities for compliance with the
California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA). The proposed
activities are not considered "Projects" as defined under Section 15378 of the State CEQA Guidelines because
the action consist of a governmental funding mechanism or other government fiscal activity, is not site
specific, and will not result in a direct or indirect physical change in the environment. Under National
Environmental Policy Act (NEPA), tenant based rental assistance, is categorically excluded from any further
review. Therefore, pursuant to Section15060(c)(3) of the State CEQA Guidelines, and NEPA Code of Federal
Regulations at 50.19(b) (3), (11), and (12) these activities are not subject to CEQA or NEPA.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
On March 15, 2021, SBCS began providing rental assistance to eligible households under Senate Bill (SB) 91,
legislation designed to incentivize landlords to participate with rent relief efforts and keep people in their
homes during the pandemic. Since the program’s inception, SBCS has been working closely with community-
based organizations including Chula Vista Community Collaborative, Family Health Centers of San Diego,
MAAC, Meals on Wheels of San Diego, San Ysidro Health, Scripps, and the Center who assist residents with
the application process. As of July 5, 2021, 2,706 applications have been received using the application web
portal at www.chulavistaerap.com.
Using the State conforming guidelines under SB 91, SBCS offered to pay 80% of any rent owed from April
2020 through the end of March 2021, if landlords agreed to waive the remaining 20% owed. If the landlords
refused, eligible tenants would receive a payment for 25% of their rental debt over the same period and
would still be protected from eviction if this payment was submitted to the landlord along with the COVID
hardship declaration.
On June 28, 2021, the Governor signed AB 832 into law, extending tenant protections originally established
under AB 3088 (and extended under SB 91) through September 30, 2021. This same legislation also
increased the allowable ERAP reimbursement to 100%, making landlords whole.
In order to comply with AB 832 and meet local demand for rental assistance, an amendment to the SBCS
agreement is necessary for the specific purposes of continuing to provide ERAP assistance to eligible Chula
Vista households earning less than 80% of the Area Median Income and reimbursing those landlords that
previously accepted ERAP payments for any arrears in rent, up to 100%, as identified in Attachment 1, SBCS
Contract First Amendment. A summary of applications received, expenditures through July 5, 2021, arrears
owed to landlords under AB 832, and anticipated funding requests is included in Attachment 2.
Conclusion
With residents facing layoffs and reduced work hours due to the COVID-19 pandemic, the deployment of
these U.S Treasury funds will have a direct impact in assisting affected residents with basic living expenses
2021/07/27 City Council Post Agenda Page 360 of 391
P a g e | 3
such as housing and provide housing stability during a public health crisis. Staff recommends that the City
Council approve the first amendment to the subject agreement to ensure that there is no interruption or gap
in services and landlords are provided with the maximum rental reimbursements allowed under state law.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and
consequently, the real property holdings of the City Council members do not create a disqualifying real
property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Councilmember McCann may, however, have a conflict of interest given his ownership interest in rental
property and property management business. Otherwise, Staff is not independently aware and has not been
informed by any other City Council member, of any other fact that may constitute a basis for a decision-maker
conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
There is no fiscal impact to the General Fund as a result of this action. All costs associated with the
preparation of this staff report and administration of ERAP are eligible uses of the grant funds.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact to the City's General Fund as all costs associated with the administration
of the ERAP programs are covered by the respective grants.
ATTACHMENTS
Attachment 1: SBCS Contract First Amendment
Attachment 2: ERAP Summary as of July 17, 2021
Staff Contact: Tiffany Allen, Development Services Director
Jose Dorado, Senior Management Analyst
2021/07/27 City Council Post Agenda Page 361 of 391
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING COMPETITIVE BIDDING
REQUIREMENTS PURSUANT TO CHULA VISTA
MUNICIPAL CODE SECTION 2.56.070(B)(3) AND
APPROVING A FIRST AMENDMENT TO THE
CONTRACTOR/SERVICE PROVIDER AGREEMENT WITH
SBCS CORPORATION TO PROVIDE AN EMERGENCY
RENTAL AND UTILITY ASSISTANCE PROGRAM FUNDED
BY STATE AND FEDERAL CONSOLIDATED
APPROPRIATIONS ACT OF 2021 ALLOCATIONS
WHEREAS, in January 2020, as a result of the COVID-19 virus, the World Health
Organization (“WHO”) declared a Public Health Emergency of International Concern and the
United States Secretary of Health and Human Services declared a Public Health Emergency; and
WHEREAS, various states of emergency were declared by the United States (March 13,
2020), the State of California (March 4, 2020), the County of San Diego (February 19, 2020), and
the City of Chula Vista (March 17, 2020 pursuant to City Council Resolution No. 2020 -065)
because of the threat to public safety (to persons and property including both physical and
economic harm) as result of the COVID-19 virus; and
WHEREAS, the Centers for Disease Control and Prevention, the California Department of
Public Health, and the San Diego County Department of Public Health have all issued
recommendations and orders, including, but not limited to, social distancing, staying home if sick,
canceling or postponing large group events, working from home, and other precautions to protect
public health and prevent transmission of this communicable virus that continues to the present;
and
WHEREAS, the economic impact and financial hardship faced by low-income households
as a result of COVID-19 has affected their ability to pay for housing and basic needs, placing
them at risk of homelessness during this period where it is critical to self-quarantine, self-isolate,
or otherwise remain in their homes to reduce the transmission of COVID-19; and
WHEREAS, on December 27, 2020, the President of the United States signed into law the
Consolidated Appropriations Act, 2021 (the “Act”), more commonly known as the HR-133, which
authorizes $25B in emergency rental relief; and
WHEREAS, on January 5, 2021, the U.S. Department of the Treasury launched the $25
billion Emergency Rental Assistance Program (“ERAP”) established by the Consolidated
Appropriations Act, 2021; and
WHEREAS, the ERAP assists low-income households that are unable to pay rent and
utilities due to the COVID-19 pandemic; and
2021/07/27 City Council Post Agenda Page 362 of 391
Resolution No.
Page 2
WHEREAS, the Act provided $2.6 billion to the State of California and those local
municipalities with populations greater than 200,000 based on a population; and
WHEREAS, the City of Chula Vista received a direct allocation from the U.S. Treasury
Department in the amount of $8,161,124 and authorized the City Manager to complete all
documents required to obtain the Emergency Rental Assistance Program Allocation; and
authorized the appropriations in fiscal year 20/21; and
WHEREAS, on January 29, 2021, the State of California passed Senate Bill 91 (SB 91)
that established the State’s Emergency Rental Assistance Program (“SERAP”) to allow Cities and
Counties with populations over 200,000 to opt into one of three program models; and
WHEREAS, by accepting SERAP as a block grant (Option B) in the amount of
$9,662,343.90, the City took on the responsibilities included in SB 91 and Health and Safety Code
50897.1(b)(1-3); and
WHEREAS, Assembly Bill (AB) 832 amended SB 91; and
WHEREAS, City Council Resolution No. 2021-033 authorized an initial award to SBCS
Corporation in an amount to not exceed $8,000,000 on February 16, 2021 to assist with the
administration and implementation of an ERAP and SERAP; and
WHEREAS, SBCS anticipates expending $8,000,000 by July 31, 2021 using the City’s
U.S. Treasury Department allocation; and
WHEREAS, the City desires to amend the existing contract with a SBCS Corporation, a
Subrecipient, to assist with the expenditure of a remaining portion of the U.S. Treasury Department
and State of California Emergency Rental Assistance Program funds that assist low-income
residents affected by COVID-19, as follows:
Agency Program Funding
Source
Initial Award Remaining
funds available
SBCS Corporation Emergency Rental
Assistance Program
U.S Treasury
ERAP
$8,000,000 $122,708.16
SBCS Corporation Emergency Rental
Assistance Program
State HCD $0.00 $9,596,236.49
WHEREAS, prior iterations of the ERAP provided that Landlords would receive 80% of
rents due, but the State of California has now authorized 100% of rents due be paid via the ERAP;
and
2021/07/27 City Council Post Agenda Page 363 of 391
Resolution No.
Page 3
WHEREAS, State desires that local agencies expedite the aforementioned changes to the
ERAP; and
WHEREAS, City Council finds: (1) that the use of the competitive bidding process set
forth in Chula Vista Municipal Code (CVMC) section 2.56.070 is impractical and that the City’s
best interests would be better served by waiving said bidding requirements, particularly given th e
strict time lines required by the state and federal governments (including recent modifications to
the ERAP) to encumber and expend said funds and the urgent need for said funds by the citizens
of Chula Vista and (2) that SBCS is uniquely qualified to meet the state and federal grant
obligations, including, but not limited to, that SBCS has a long history of partnering with the City
to administer rental assistance programs and complying with attendant state and federal
regulations.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
(1) that it, based upon the above findings, that it hereby waives the competitive bid requirements
set forth in CVMC section 2.56.070 and SBCS is awarded the contract on a “sole source” basis
under the authority of CVMC section 2.56.070(B)(3) and (2) that it authorizes the City Manager
to enter into a First Amendment to the City of Chula Vista Contractor/Service Provider Services
Agreement between City and SBCS Corporation in accordance with the general terms and
conditions as outlined in the agenda statement and attendant State and Federal Requirements, in a
not to exceed aggregate amount of $17,718,944.65, on a form approved by the City Attorney, a
copy of which shall be kept on file in the Office of the City Clerk.
Presented by Approved as to form by
Tiffany Allen Glen R. Googins
Director of Development Services City Attorney
2021/07/27 City Council Post Agenda Page 364 of 391
City of Chula Vista Amendment to Agreement No.: 2021-033
Subrecipient/Consultant Name: SBCS CORPORATION (FORMELY KNOWN AS SOUTH BAY COMMUNITY
SERVICES) Rev. 8/23/16
FIRST AMENDMENT
TO AGREEMENT BETWEEN THE
CITY OF CHULA VISTA
AND
SBCS CORPORATION (FORMELY KNOWN AS SOUTH BAY COMMUNITY
SERVICES)
FOR AN EMERGENCY RENTAL AND UTILITY ASSISTANCE PROGRAM
This FIRST AMENDMENT (“First Amendment”) is entered into effective as of July 27, 2021
“Effective Date” by and between the City of Chula Vista (“City”), and SBCS CORPORATION
(FORMELY KNOWN AS SOUTH BAY COMMUNITY SERVICES)a non- profit organization,
(“Subrecipient” or “Contractor”) (“Consultant”), on the other hand, with reference to the following
facts:
RECITALS
WHEREAS, City and Subrecipient previously entered into Attachment 1 - SBCS Contract
First Amendment.docx (“Original Agreement”) effective March 1, 2021; and
WHEREAS, City and Subrecipient will enter this First Amendment to the Original
Agreement on or about July 27, 2021 (“First Amendment”); and
WHEREAS, City wishes to add additional funding based on the available fund balance to
assist Chula Vista Households who have been affected by COVID-19; and
WHEREAS, Subrecipient - continues to see a demand for emergency rental and utility
assistance by low-income households; and.
WHEREAS, City, and Subrecipient desire to amend the Original Agreement to update
Table A and B) as more specifically set forth below.
NOW, THEREFORE, in consideration of the above recitals and the mutual obligations of
the parties set forth herein, City and Subrecipient agree as follows:
1. Section 4: Compensation Schedule shall be amended restated as follows:
For the performance of the required services to the City’s satisfaction, City shall provide
Contractor/Service Provider the following amounts using funding from the State of California
(State) and the U.S. Treasury Department (Federal). Table A and Table B from the original
agreement shall be amended and restated as follows:
2021/07/27 City Council Post Agenda Page 365 of 391
City of Chula Vista Amendment to Agreement No.: 2021-033
Subrecipient/Consultant Name: SBCS CORPORATION (FORMELY KNOWN AS SOUTH BAY COMMUNITY
SERVICES) Rev. 8/23/16
State ERAP Rent/Utility Assistance Admin Total
State State State
SBCS
(SUBRECIPIENT
COSTS)
$8,828,537.57 $767,698.92 $9,596,236.49
Federal ERAP Rent/Utility Assistance Admin Total
Federal Federal Federal
SBCS
(SUBRECIPIENT
COSTS)
$7,345,011.51 $777,696.65* $8,122,708.16
*includes initial software costs of $139,000
2. Notwithstanding the foregoing, the maximum amount to be paid to the Contractor/Service
Provider for costs and services performed through September 30, 2022 is included above (or
until funds are exhausted).
3. Except as expressly provided herein, all other terms and conditions of the Original Agreement
and the First Amendment shall remain in full force and effect.
4. Each party represents that it has full right, power and authority to execute this FIRST
Amendment and to perform its obligations hereunder, without the need for any further action
under its governing instruments, and the parties executing this First Amendment on the behalf
of such party are duly authorized agents with authority to do so.
2021/07/27 City Council Post Agenda Page 366 of 391
City of Chula Vista Amendment to Agreement No.: 2021-033
Subrecipient/Consultant Name: SBCS CORPORATION (FORMELY KNOWN AS SOUTH BAY COMMUNITY
SERVICES) Rev. 8/23/16
SIGNATURE PAGE TO FIRST
AMENDMENT
TO
ATTACHMENT 1 - SBCS CONTRACT FIRST AMENDMENT.DOCX
SBCS CORPORATION (FORMELY
KNOWN AS SOUTH BAY COMMUNITY
SERVICES)
CITY OF CHULA VISTA
CHULA VISTA HOUSING AUTHORITY
BY:________________________________ BY: ________________________________
KATHRYN LEMBO MARIA V. KACHADOORIAN
PRESIDENT AND CEO CITY MANAGER
APPROVED AS TO FORM
BY: _________________________________
GLEN R. GOOGINS
CITY ATTORNEY
2021/07/27 City Council Post Agenda Page 367 of 391
City of Chula Vista ERAP
Program Update
(as of July 17, 2021)
Total Number of Applications Received: 2,845
Total Amount of Funding Disbursed/Pending Disbursement
Applications Funding
Rental Arrears 753 $4,902,633
Utility Arrears 626 $558,336
Prospective Rent 784 $4,222,869
Total $9,683,838
Total Number of Applications Currently Being Processed
Applications Projected Funding
Rental Arrears 142 $963,769
Utility Arrears 283 $545,514
Prospective Rent 304 $533,362
Total $2,042,645
Number of Applications Pending Assignment
Applications Projected Funding
Rental Arrears 220 $1,399,926
Utility Arrears 245 $247,957
Prospective Rent 580 $1,653,235
Total $3,301,118
Grant total projected funding = $15,027,601
*amount above does not include administrative expenses
Calculations are based on paying 100% of rental arrears and 100% of prospective rent,
including gap payments
2021/07/27 City Council Post Agenda Page 368 of 391
Emergency Rent &
Utility Assistance
Jose Dorado, Project Lead
7/28/2021
WWW.CHULAVISTACA.GOV/TenantHelp
2021/07/27 City Council Post Agenda Page 369 of 391
Program Rules
Program Design Area State (Option B) Conforming Program
Eligible Households
In order of Priority
1.≤50%AMI or loss of job for 90+ days
2.≤80% AMI and in communities disproportionately
impacted by COVID-19
3.Households not in round 1 or 2
Eligible Uses
In order of Priority
1.Rent arrears
2.Utility arears (e.g. water, sewer, trash, gas & electricity)
3.Future rent
AB-832
June 28, 2021
If landlord participates:
•New 100% of unpaid rent from April 2020 through March
If landlord does NOT participate:
•Tenants receive 100% of unpaid rent to be paid to
landlord within 15 days2021/07/27 City Council Post Agenda Page 370 of 391
Program Design Area State (Option B) Conforming Program
Cap on Prospective Rent Prospective rent limited to 100% (NEW) of monthly rent, 3
months at a time
Cap on Total Rent No more than 15 months total of arrears and prospective
rents
Paid to Payments directly to landlord
Paid to tenant if landlord does not participate
www.chulavistaca.gov/tenanthelp
Program Rules
2021/07/27 City Council Post Agenda Page 371 of 391
SBCS City of Chula Vista
COLLABORATION with other SBCS departments,
Community Based Organizations and County
HHSA, County HCSD, and City of San Diego via
the San Diego Housing Commission
Applications accepted IN PERSON at 430 F Street
PHONE LINES answering Tenant and Landlord
questions at 619-271-1805 (English and Spanish)
•Website Marketing
•Social Media toolkit for partners to share
•Community Connections
•Bill inserts (Sewer, Republic Services, Otay Water)
•City website: www.chulavistaca.gov/tenanthelp
•Regional Coordination and Promotion: County and City of San Diego promoting
www.erapsandiego.org
•Direct mail pieces to 86K+ households
•Radio Promotional Ads in English and Spanish
•News releases
•Earned media on CBS 8, NBC 7, Fox 5, KPBS, Voice of SD, SDUT, Televisa
•Partner Agencies: Southern California Rental Housing Association; California
Apartment Association; Pacific Southwest Association of Realtors; Housing Helps
San Diego; SDG&E, Republic Services, Otay Water, Sweetwater Authority
Community Events –Food Distribution, and
Vaccination Clinic Events
ON LINE APPLICATION: Tutorial Videos
www.chulavistaerap.com
Marketing Efforts
2021/07/27 City Council Post Agenda Page 372 of 391
www.chulavistaca.gov/tenanthelp
Applications
•Received 2,845
•In process 729
•Pending review 1,045
Expenditures
•as of 7.23.2021 $7.3M
2021/07/27 City Council Post Agenda Page 373 of 391
City Council Action:
Approve a contract
amendment with SBCS
ERAP Contract Award
SBCS ERAP (Initial Award) –February 2021 $8,000,000
Additional Award $9,718,945
TOTAL (using State Allocation and Federal
Allocation)$17,718,945
www.chulavistaca.gov/tenanthelp 2021/07/27 City Council Post Agenda Page 374 of 391
Questions
Jose Dorado, Project Lead
7/28/2021
WWW.CHULAVISTACA.GOV/TenantHelp
2021/07/27 City Council Post Agenda Page 375 of 391
www.chulavistaca.gov/tenanthelp
2021/07/27 City Council Post Agenda Page 376 of 391
1400 K Street, Suite 400, Sacramento, CA 95814-3916 | www.cacities.org | (916) 658-8200
June 16, 2021
TO: City Managers and City Clerks
RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference & Expo – September 22-24, 2021
Cal Cities 2021 Annual Conference & Expo is scheduled for September 22-24, 2021 in
Sacramento. An important part of the Annual Conference is the Annual Business Meeting (during
General Assembly) on Friday, September 24. At this meeting, Cal Cities membership considers
and acts on resolutions that establish Cal Cities policy.
In order to vote at the Annual Business Meeting, your city council must designate a voting
delegate. Your city may also appoint up to two alternate voting delegates, one of whom may
vote if the designated voting delegate is unable to serve in that capacity.
Please complete the attached Voting Delegate form and return it to Cal Cities office
no later than Wednesday, September 15. This will allow us time to establish voting
delegate/alternate records prior to the conference.
Please note: Our number one priority will continue to be the health and safety of participants.
We are working closely with the Sacramento Convention Center to ensure that important
protocols and cleaning procedures continue, and if necessary, are strengthened. Attendees can
anticipate updates as the conference approaches.
• Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting
delegate and up to two alternates must be designated by the city council. When
completing the attached Voting Delegate form, please attach either a copy of the council
resolution that reflects the council action taken, or have your city clerk or mayor sign the
form affirming that the names provided are those selected by the city council. Please
note that designating the voting delegate and alternates must be done by city council
action and cannot be accomplished by individual action of the mayor or city manager
alone.
• Conference Registration Required. The voting delegate and alternates must be
registered to attend the conference. They need not register for the entire conference;
they may register for Friday only. Conference registration will open mid-June at
www.cacities.org. In order to cast a vote, at least one voter must be present at the
Business Meeting and in possession of the voting delegate card. Voting delegates and
alternates need to pick up their conference badges before signing in and picking up the
voting delegate card at the Voting Delegate Desk. This will enable them to receive the
special sticker on their name badges that will admit them into the voting area during the
Business Meeting.
• Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting
delegate card may be transferred freely between the voting delegate and alternates, but
Council Action Advised by August 31, 2021
2021/07/27 City Council Post Agenda Page 377 of 391
1400 K Street, Suite 400, Sacramento, CA 95814-3916 | www.cacities.org | (916) 658-8200
only between the voting delegate and alternates. If the voting delegate and alternates
find themselves unable to attend the Business Meeting, they may not transfer the voting
card to another city official.
• Seating Protocol during General Assembly. At the Business Meeting, individuals with
the voting card will sit in a separate area. Admission to this area will be limited to those
individuals with a special sticker on their name badge identifying them as a voting delegate
or alternate. If the voting delegate and alternates wish to sit together, they must sign in at
the Voting Delegate Desk and obtain the special sticker on their badges.
The Voting Delegate Desk, located in the conference registration area of the Sacramento
Convention Center, will be open at the following times: Wednesday, September 22, 8:00 a.m. –
6:00 p.m.; Thursday, September 23, 7:00 a.m. – 4:00 p.m.; and Friday, September 24, 7:30 a.m.–
11:30 a.m. The Voting Delegate Desk will also be open at the Business Meeting on Friday, but
will be closed during roll calls and voting.
The voting procedures that will be used at the conference are attached to this memo. Please
share these procedures and this memo with your council and especially with the individuals that
your council designates as your city’s voting delegate and alternates.
Once again, thank you for completing the voting delegate and alternate form and returning it to
the League’s office by Wednesday, September 15. If you have questions, please call Darla
Yacub at (916) 658-8254.
Attachments:
• Annual Conference Voting Procedures
• Voting Delegate/Alternate Form
2021/07/27 City Council Post Agenda Page 378 of 391
1400 K Street, Suite 400, Sacramento, CA 95814-3916 | www.cacities.org | (916) 658-8200
CITY:________________________________________
2021 ANNUAL CONFERENCE
VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Wednesday, September 15, 2021.
Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the
Annual Conference Registration Area. Your city council may designate one voting delegate and up
to two alternates.
To vote at the Annual Business Meeting (General Assembly), voting delegates and alternates must be
designated by your city council. Please attach the council resolution as proof of designation. As an alternative,
the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the
council.
Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting.
Admission to this designated area will be limited to individuals (voting delegates and alternates) who are
identified with a special sticker on their conference badge. This sticker can be obtained only at the Voting
Delegate Desk.
1. VOTING DELEGATE
Name:
Title:
2. VOTING DELEGATE - ALTERNATE 3. VOTING DELEGATE - ALTERNATE
Name: Name:
Title: Title:
PLEASE ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR
ATTEST: I affirm that the information provided reflects action by the city council to designate the
voting delegate and alternate(s).
Name: ____________________________________ Email _________________________________
Mayor or City Clerk___________________________ Date____________ Phone________________
(circle one) (signature)
Please complete and return by Wednesday, September 15, 2021 to:
Darla Yacub, Assistant to the Administrative Services Director
E-mail: dyacub@cacities.org
Phone: (916) 658-8254
2021/07/27 City Council Post Agenda Page 379 of 391
1400 K Street, Suite 400, Sacramento, CA 95814-3916 | www.cacities.org | (916) 658-8200
Annual Conference Voting Procedures
1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to
Cal Cities policy.
2. Designating a City Voting Representative. Prior to the Annual Conference, each city
council may designate a voting delegate and up to two alternates; these individuals are
identified on the Voting Delegate Form provided to the Cal Cities Credentials Committee.
3. Registering with the Credentials Committee. The voting delegate, or alternates, may
pick up the city's voting card at the Voting Delegate Desk in the conference registration
area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they
will receive a special sticker on their name badge and thus be admitted to the voting area at
the Business Meeting.
4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates
(or alternates), and who have picked up their city’s voting card by providing a signature to
the Credentials Committee at the Voting Delegate Desk, may sign petitions to initiate a
resolution.
5. Voting. To cast the city's vote, a city official must have in their possession the city's voting
card and be registered with the Credentials Committee. The voting card may be transferred
freely between the voting delegate and alternates, but may not be transferred to another city
official who is neither a voting delegate or alternate.
6. Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card
will sit in a designated area. Admission will be limited to those individuals with a special
sticker on their name badge identifying them as a voting delegate or alternate.
7. Resolving Disputes. In case of dispute, the Credentials Committee will determine the
validity of signatures on petitioned resolutions and the right of a city official to vote at the
Business Meeting.
2021/07/27 City Council Post Agenda Page 380 of 391
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE 2021 STARLIGHT PARADE
AS A CITY-SPONSORED EVENT FOR FISCAL YEAR 2022.
WHEREAS, the City Council supports activities that attract residents and visitors to Chula
Vista; and
WHEREAS, the Starlight Parade is a beloved community event that brings thousands of
people to downtown Chula Vista for free family holiday activities; and
WHEREAS, the Starlight Parade enlivens Chula Vista’s Third Avenue Village by
attracting more than 100 parade entrants from marching bands, school entries, community entries,
and beautiful floats to promote the holiday season; and
WHEREAS, this community event attracts participants from throughout the county and
promote shops, restaurants, recreational and cultural activities in the City of Chula Vista.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it approves the 2021 Starlight Parade as a City-sponsored event for fiscal year 2022.
Presented by Approved as to form by
Maria Kachadoorian Glen R. Googins
City Manager City Attorney
2021/07/27 City Council Post Agenda Page 381 of 391
LeahLarrarte
From:webmaster@chulavistaca.gov
Sent:Wednesday, June30, 202111:34PM
To:CityClerk; AdriannaHernandez; CourtneyChase; TanyaTomlinson; FelipeLadronde
Guevara; AnneSteinberger
Subject:CityofChulaVista: HumanRelationsCommission Application - Webform
Warning:
External Anewentrytoaform/surveyhasbeensubmitted. Email
FormName: HumanRelationsCommissionApplication
Date & Time: 06/30/202111:34PM
Response #: 61
SubmitterID: 96054
IPaddress: 136.228.200.131
Timetocomplete: 35min. , 51sec.
SurveyDetails
Page1
Application formembership ontheHumanRelationsCommission.
1. Prefix
Mrs.
2. FirstandLastName
MopelolaOlaoye
3. PreferredPronoun
She/Her/Hers
4. E-mail
5. HomeAddress
6. City
ChulaVista
7. ZIPcode
1
2021/07/27 City Council Post Agenda Page 382 of 391
91913
8. PrimaryPhone
9. Secondary Phone
Notanswered
10. AreyouregisteredtovoteinChulaVista?
Yes
11. DoyoulivewithintheCitylimitsofChulaVista?
Yes
12. HowLong?
2009
13. Presentemployer
UNIhealthcare/LolliesCreationsIncorporation
14. Occupation
RegisteredNurse/BusinessOwner
15. AreyoucurrentlyservingonaChulaVistaBoard/Commission?
No
16. Whichone(s)?
N/A
17. HaveyoupreviouslyservedonaChulaVistaBoard/Commission?
No
18. Whichones?
N/A
19. PerChulaVistaMunicipalCodeSection2.25.030, Iunderstand:
IfIamcurrentlyservingonaboardorcommission, ImustresignfrommycurrentboardorcommissionifIam
appointed.
Imusthaveservedatleast12monthsonmycurrentboardorcommissioninordertobeappointedtoanotherboardor
commission.
Ihavereadandacknowledged theabovestatement.
20. Areyouorhaveyoubeeninvolvedinanylocal, civicorcommunitygroups?
Yes
21. Whichones?
NAACP
2
2021/07/27 City Council Post Agenda Page 383 of 391
22. InwhatwaysareyouassociatedwiththebusinessandorcivicactivitiesoftheCity? Howhasyourparticipationreflected
theinterestsandconcernswiththeprotectionofthecivillibertiesofallpeoplewhichmakeuptheCity'sresidents?
Havingserved asacommittee memberofACT-SOforthelasttwoconsecutiveyears, myeyeshavebecomeopento
community mobilizationforacommongoal. ThisisexactlywhatIlearnedwhileservingasacommunity member. ACT-SO, a
programbytheNationalAssociationfortheAdvancementofColoredPeople (NAACP) promotesandattemptstoequalize
educationalopportunities. Inthisrole, Ilearnedtheartofmentoring, providingcounselingandadvice, andhowtoreach
acrosstheaisleforgoalattainment. Inaddition, Ihadtheopportunitytocoordinate majorfundraisingeventstomeetthe
operationalbudget.
23. PleasedescribehowyourepresentthediversityofChulaVista?
ChulaVistaisagrowingcitybecauseofthedifferentclassificationofhumandemographicdifferencesthatmakesthecity
theirhome. Irepresentdiversity asbeingaminorityandhavingadistinctculturethatIamproudof. AsaNigerian-American
woman, IrepresentonewithauniqueculturethatIaimtoletothersknowaboutthroughmybusiness, clothing, foodand
language. Theuniquenessandrichnessofmyculturecanserveasalearningopportunityforothers. Ihopewithmy
representation ofdiversity, IwillbeabletoallowthecityofChulaVistatobemorewelcoming, morerelationalandinclusive
ofall.
24. PleasedescribeyourinterestinfosteringbetterhumanrelationsintheCityofChulaVista.
MyinterestinfosteringbetterhumanrelationsinthecityofChulaVistacomesfromtheideaofthediversityofculturesand
backgrounds beingwelcomeinsteadofdiscriminatedagainst. Asaminoritymyself, Iwanttoallowothersbelongingto
minoritygroupstofeelinvolved, takencareofandseeninoursociety. Ifeeleveryoneshouldbeabletobeincludedand
haveavoice, regardless ofwhotheyare. Weareallone, mankind. WeareallGod'sbeautifulcreation. Ihaveapassion for
ensuringthateveryonelivestogetherinpeacewithouthatred. IdesirethateverycitizenofChulaVistaknowsandfeelssure
thatthiscitylovesandcaresforthem.
25. WhatwouldyouhopetoaccomplishintheroleofaHumanRelationsCommissioner? (250wordsorless)
IntheroleofaHumanRelationsCommissioner, Ihopetobeabletostrengthenrelations withinourcity. Ihopethatwith
betterhumanrelationsthecityofChulaVistawillbebetterorganized, workinharmonyandconflictswillreduce. Ihopeto
buildbetterrelationswithindifferent racesandcultures. Ihopetodothisbycreatingrespect, mutualconcernandcarefor
others. Ihopetocreateeventsshowcasing thedistinctculturesofChulaVistatobeabletogetthecommunitymembers to
understandandrespect oneanotherforwhatmakesthemunique.
26. Pleaseuploadaresumeinadditiontoyourapplication (notrequired, butstronglyencouraged).
Resume2021 (1) (1).docx (1).pdf
27.
IamfamiliarwiththeresponsibilitiesoftheHumanRelationsCommission. IattestthattheinformationIhaveprovidedis
accurateandtrue.
Thankyou,
CityofChulaVista
Thisisanautomatedmessagegenerated byGranicus. Pleasedonotreplydirectlytothisemail.
3
2021/07/27 City Council Post Agenda Page 384 of 391
MOPELOLA O. OLAOYE
Email:
OBJECTIVE STATEMENT
Excellent communicator with strong decision-making skills and broad knowledge of Human Relations.
Compassionate and tech-savvy, seeking a challenging Administrative position where I can maximize patient care in
any Healthcare Facility. Keen to leverage my Masters in Public Health and Diploma in Nursing degree, technical
skills, nursing experience in coordinating clinical and administrative services coupled with knowledge of specialized
principles and practices related to health care management in order to evaluate and make recommendations for
improving the health care delivery system. Proven track record of taking patient history, preparing exam rooms,
assisting physicians, preparing medical records of patients, documenting disease processes and giving medications as
prescribed by doctors.
EDUCATION
Masters in Public Health - National University May 2020
Nursing - United State University Apr 2012
B.S. Degree in Health Care Administration - Southern Illinois University Dec 2005
Hospital Corpsman, Vocational Nursing - Naval Hospital Corps Training Dec 2001
TECHNICAL SKILLS
Proficiency in the operational use of Adobe PageMaker 6.5/HTML, Word, Excel, Access, PowerPoint, Outlook,Windows
98, Legal Key, Lexis, Westlaw, Summation, Lotus notes and the Internet, Adobe Photoshop, CPRS, and Vista.
PROFESSIONAL EXPERIENCE
Nurse
Employer: Department of Veterans Affairs
08/2012 – Present
Duties, Accomplishments and Related Skills:
Performed initial intake assessments and triage interviews.Performed ward searches; monitor use of dangerous items.
Answered telephone calls and relay pertinent information to providers if required. Coordinated and performed routine
training in prevention and management of assaultive behavior. Maintained all records required on patients to include
data entry and retrieval on CPRS AND VISTA computer systems. Organized and facilitated patient groups and
activities. Scheduled patient appointments through the VISTA computer system. Coordinated and assisted the
physician in contacting patients who miss appointments.Administered Routine long acting Injections. Responding to
emergency situations within an area of competence and initiating appropriate action and documentation (restraint calls,
fire calls, and disaster situations). Performed a range of diagnostic support duties which include but is not limited to
2021/07/27 City Council Post Agenda Page 385 of 391
drawing blood for lab studies; collect and label specimens; take vital signs; and assist the doctor in a variety of
diagnostic examinations.
BLS/CPR/First Aid Instructor
Employer: On Time CPR & First Aid, San Diego, CA
12/2009 - 08/2012
Duties, Accomplishments and Related Skills:
Instruction of BLS programs to the community and healthcare professionals. Answered student questions in a
competent and effective manner. Performed and rated student practical skills evaluations. Administered and grades
written examinations. Makes and or implements applicable suggestions on how to improve the training.
Nurse
Employer: Department Of Defense
Clearance: Department of Navy, Secret Clearance Jan 2009
01/2009 - 11/2009
Duties, Accomplishments and Related Skills:
Provided Care and treatment to mentally ill Patients.Administered Psychotropic medication, document and observe
side effects. Facilitated various group activities (CBT, Focus, Assertiveness and Life Skills). Initiated and updated
treatment plan. Monitor patients on 1:1, Line of sight,elopement precaution, assault precaution and fall precaution.
Documented patient’s on-going progress and changes.Participated in interdisciplinary team meetings.Took patient
history and prepared exam rooms, kept exam rooms filled with Assist Physician in the physical exam. Provided patient
education/keep info current and orderly. Correctly code procedures and dx on charge slip. Followed up care on
patients-including labs, paths, refills, phone calls,and referral. Chart in medical record as appropriate.Maintained
clean, safe, well stocked exam rooms for pt care.Responsible for filing charts/scheduling returns.
Nurse
Employer: Nurses Unlimited Staffing, (RCRMC, Inpatient Treatment Facility)
10/2005 - 12/2008
Duties, Accomplishments and Related Skills:
Provided care to adult patients with Mental, acute and/or chronic illnesses. Participated in physical,occupational, and
group therapy programs. Assist with admission and discharge of patients. Promptly respond to Code Green and Assist
with code Red. Assisted with initiating and updating care plans. Performed specific procedures or treatments and
administered prescribed medication. Participated in patient education and documented data appropriately.
Administered medication, subcutaneous, intramuscularly,intradermal, sub dermal, and/or orally, reevaluate and
document appropriately. Took patient history and prepared exam rooms, kept exam rooms filled. Assisted Physician in
the physical exam/surgery. Provided patient education/keep info current and orderly. Correctly code procedures and dx
on charge slip. Follow up care on patients-including labs, paths, refills, phone calls, and referral.Chart in medical
record as appropriate. Maintain clean, safe, well stocked exam rooms for pt care. Responsible for filing
charts/scheduling returns.
Nurse
Employer: Department of Veterans Affair
12/2006 - 06/2007
Duties, Accomplishments and Related Skills:
Provided care to acutely ill adult patients. Provided prescribed medical treatment and personal care services to ill and
injured veterans. Appropriately documented observations,assessments and changes in patient’s condition. Safely
prepared and administered medication to the assigned patient in a timely manner. Performed a range of diagnostic
support duties including obtaining specimens (blood,urine, etc.), retrieving lab reports from the computer and
interpreting results.
2021/07/27 City Council Post Agenda Page 386 of 391
Nurse`
01/2001-04/2005
Employer: Department Of Navy
Clearance: Department of Navy, Secret Clearance Jan 2001
Duties, Accomplishments and Related Skills:
Assessed and cared for critical cardiac, respiratory,cardiac bypass, neurosurgery and trauma patients.Extensive
experience with a wide range of medical and surgical interventions including: pneumonia, asthma, diabetes,and bone
fractures. Provided direct critical care for respiratory distressed patients using mechanical ventilator and nebulizer
treatments. Performed and assisted insertion and maintenance of invasive lines - arterial, triple-lumen, Swan-Ganz,
chest tubes, pace makers, dialysis catheters. Maintained ventilator support, chest tubes, hemodynamic monitoring and
documentation in medical records.
Business Entrepreneurship:
CEO/Owner, Lollies Creations Inc.
Owner, PMO Healthcare Solutions, Inc
Owner, Ablaze Leadership Development
Community Engagement/Civic Engagement:
Member, National Association for the Advancement of Coloured People (NAACP)
Member, NAACP-ACTSO
Member, Pastors WivesConnect
Member, Pastors’ Wives Forum
Founder, Afro Praise Jam (Annual Fest)
Director of Programs, RCCG, Southern California Region
Executive Pastor in RCCG San Diego. CA
Member of Black Women’s Institute for Leadership Development (BWILD)
Member of Nigerian in Southern California Association
Military Experience:
United States Navy, 1999- 2005
Good Conduct Medal x2,
Meritorious unit Commendation
Navy Achievement Medal
Global War on Terror Medal
Iraq Campaign Medal.
2021/07/27 City Council Post Agenda Page 387 of 391
June 30, 2021
To Whom It May Concern:
I enthusiastically write this letter of recommendation for Lola Olaoye and urge your support for her
appointment to the City of Chula Vista Human Relations Commission.
I am Denise Green,Chair of the Black Women’s Institute for Leadership Development (BWILD). BWILD
is a nonprofit organization with the mission to create an alliance of women of the African diaspora
that provides guidance and support for a career in public service that may lead to running for elected
office or leadership positions on boards and commissions.Lola recently completed our Institute
program and has been a remarkable member of the 2021 Institute cohort.She is a dedicated,
hardworking wife and mother of three and it has been a pleasure getting to know her over the course
of the program.
Lola is a Nigerian-American woman who loves her culture and works that others should love their
culture as well overall embraces diversity.She hopes that in the City of Chula Vista,all would be
included no matter what race,religion,or immigration status.She runs multiple businesses including
Ablaze Leadership Development and Lollies Creations Incorporated in the City of Chula Vista.
Additionally,she dedicates her time to coaching women to start up their online businesses.She is
self-taught in designing t-shirts,planning and working the logistics of events.Her creative personality
and faith in God enabled her to launch the Annual Afro Praise Jam.This is a praise festival which
focuses on bringing cultures in the community together.
She always has a passion for helping youth which is evident in her role as a member of the NAACP
ACT-So Committee.As well she serves others in her work in the front lines as a mental health nurse
especially in these turbulent times.She is a Pastor at the Redeemed Christian Church of God
Cornerstone Assembly, and her faith is where her love of others and service work ethic streams from.
Lola is also a U.S.Navy veteran.She works with diverse people with boldness,kindness and love,
which is exactly what embodies her character.She has a bright personality,and is open minded.She
perseveres and takes everything she does to the next level.She is motivated and aims to do more than
expected.She has a leadership mentality and is ready and willing to work to allow everyone in Chula
Vista to work together and in one mind and strive for unity.
Black Women's Institute for Leadership Development
P.O. Box 152452, San Diego, CA 92195
All of these outstanding qualities make Lola an excellent appointment to the City of Chula Vista’s
Human Relation Commission.Thank you for your serious consideration of her application materials.If
you have any questions for me, I can be reached .
Sincerely,2021/07/27 City Council Post Agenda Page 388 of 391
Denise Green
Chair, Black Women’s Institute for Leadership Development
Black Women's Institute for Leadership Development
P.O. Box 152452, San Diego, CA 92195
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