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HomeMy WebLinkAbout2023/08/08 Post Agenda Packet REGULAR MEETING OF THE CITY COUNCIL **POST AGENDA** Date:Tuesday, August 8, 2023, 5:00 p.m. Location:Council Chambers, 276 Fourth Avenue, Chula Vista, CA View the Meeting Live in English & Spanish: chulavistaca.gov/councilmeetings Cox channel 24 in English only Welcome to your City Council Meeting PUBLIC COMMENTS: Public comments may be submitted to the City Council in the following ways: In-Person. The community is welcome to make public comments at this City Council meeting. • Submit an eComment: Visit www.chulavistaca.gov/councilmeetings, locate the meeting and click the comment bubble icon. Select the item and click "Leave Comment." eComments can be submitted until the conclusion of public comments for the item and are viewable online upon submittal. If you have difficulty submitting eComments, email 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. Meetings are available anytime on the City's website (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 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. City of Chula Vista City Council August 8, 2023 Post Agenda Page 2 of 561 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 Oaths of Office: Citizens' Oversight Committee - Measure A - Patricia Alvarez Cultural Arts Commission - Christine Brady Human Relations Commission - David Diaz - Jeffrey Redondo - Julie Holm Sustainability Commission - Jeanine Sharkey Veterans Advisory Commission - Francia Castro - Henry Martinez 4.2 Presentation of a Proclamation Proclaiming August 2023 as Purple Heart Month in the City of Chula Vista 4.3 Presentation of a Proclamation to San Diego All Star Clowns and Family Entertainers Proclaiming August 1 to August 7, 2023 National Clown Week in the City of Chula Vista 5.CONSENT CALENDAR (Items 5.1 through 5.12) 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 Approval of Meeting Minutes 12 RECOMMENDED ACTION: Approve the minutes dated: July 25, 2023 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. City of Chula Vista City Council August 8, 2023 Post Agenda Page 3 of 561 5.3 Consideration of Requests for Excused Absences RECOMMENDED ACTION: Consider requests for excused absences as appropriate. 5.4 Agreement: Approve an Agreement with The Pun Group LLP to Provide Cannabis Excise Tax and Inventory Audit and Consulting Services 24 Report Number: 23-0184 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: Adopt a resolution approving an agreement with The Pun Group, LLP to provide cannabis excise tax and inventory audit and consulting services. 5.5 Agreement: Approve an Amendment to the Agreement with Moffatt and Nichol to Provide Final Design for the Heritage Road Bridge Replacement Project (STM0386) 60 Report Number: 23-0202 Location: Heritage Road between Main Street and Entertainment Circle North Department: Engineering & Capital Projects Environmental Notice: The Project was adequately covered in previously adopted Mitigated Negative Declaration (MND) IS-17-001 (SCH No. 2017021078) and Mitigation Monitoring and Reporting Program (MMRP), and any addenda for the Heritage Road Bridge Replacement Project. Under NEPA, the California Department of Transportation (Caltrans) has determined that the Project is a Categorical Exclusion under 23 USC 327. RECOMMENDED ACTION: Adopt the resolution approving the fifth amendment to the agreement with Moffatt and Nichol to increase the agreement amount by $298,454 and extend the agreement term until December 31, 2027 to provide final design plans, specifications, and estimates; advertise the construction contract; and provide construction design support for the Heritage Road Bridge Replacement Project (STM0386). City of Chula Vista City Council August 8, 2023 Post Agenda Page 4 of 561 5.6 Grant Acceptance and Appropriation: Approve an Agreement and Accept a Grant from the Department of Alcoholic Beverage Control 135 Report Number: 23-0190 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 approving an agreement with the Department of Alcoholic Beverage Control, accepting $75,000 in grant funds and appropriating the funds to the Police Grants Section of the State Grants Fund for the Alcohol Policing Partnership Program. (4/5 Vote Required) 5.7 Agreement: Approve an Agreement with Systems Integrated for Software Control System onSITE Support and Task Order Services 161 Report Number: 23-0161 Location: No specific geographic location Department: Public Works 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 approving a five-year agreement with Systems Integrated for Software Control System Support Services for the annual maintenance of the onSITE SCADA system and task order services with a total not-to-exceed amount of $750,000 over the life of the agreement, which is five (5) years. City of Chula Vista City Council August 8, 2023 Post Agenda Page 5 of 561 5.8 Agreement: Approve an Amendment to an Agreement with Kleinfelder Construction Inc. for On-Call CIP Construction Management 182 Report Number: 23-0157 Location: No specific geographic location Department: Engineering 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 a resolution approving the first amendment to the consultant services agreement with Kleinfelder Construction Inc. for on-call CIP construction management to increase the maximum allowable payment for services performed through June 2024 to $4,000,000. 5.9 Grand Jury Report: Accept the 2022/2023 San Diego County Grand Jury Report on Governance of San Diego Bay and its Tidal Lands and Regions and Authorize the Mayor to Sign a Response Letter 221 Report Number: 23-0205 Location: San Diego Unified Port District Tidelands Located in the City of Chula Vista Department: City Manager Environmental Notice: This activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Adopt a resolution accepting the 2022/2023 San Diego County Grand Jury Report on Governance of San Diego Bay and its Tidal Lands and Regions and authorizing the Mayor to sign a response letter on behalf of the Mayor and City Council. City of Chula Vista City Council August 8, 2023 Post Agenda Page 6 of 561 5.10 Agreement Amendment: Approve the Third Amendment to the Agreement with World Advancement of Technology for EMS and Rescue (W.A.T.E.R.) 255 Report Number: 23-0194 Location: No specific geographic location Department: Fire Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act ("CEQA") State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Adopt a resolution approving the third amendment to the agreement with World Advancement of Technology for EMS and Rescue (W.A.T.E.R.) to incorporate updates to support and maintenance and scheduled fee increases for a one-year period, one option to extend, and a not-to-exceed amount of $100,000 for the two-year period. 5.11 Project Agreement and Appropriation: Approve an Agreement with Caltrans to Develop the Project Report and Environmental Documents for a Capital Improvement Project at SR-125 and Main Street/Otay Valley Road (STM0409) and Appropriate Funds 264 Report Number: 23-0200 Location: State Route 125 at Future Main Street and Otay Valley Road Department: Engineering & Development Services Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) 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 CEQA State Guidelines Section 15061(b)(3). RECOMMENDED ACTION: Adopt a resolution approving a cooperative agreement with Caltrans for assistance in the development of the Project Report and Environmental Documents for Capital Improvement Project STM0409 (SR-125 and Main Street/Otay Valley Road interchanges) and appropriate $300,000 from the Transportation Development Impact Fee Fund to STM0409 for that purpose. (4/5 Vote Required) City of Chula Vista City Council August 8, 2023 Post Agenda Page 7 of 561 5.12 Homeless Activities: Accept Additional Funds from the County Capital Emergency Housing Solutions Grant Program, Approve an Associated Amendment to the Agreement, Appropriate Funds, and Extend the Declaration of the Shelter Crisis 344 Report Number: 23-0201 Location: Homeless Bridge Shelter at 205 27th Street Department: Housing and Homeless Services Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act (“CEQA”) State Guidelines Section 15301 Class 1 (Existing Facilities), Section 15303 Class 3 (New Construction or Conversion of Small Structures), Section 15304 Class 4 (Minor Alterations to Land), and Section 15061(b)(3). Under NEPA, pursuant to Title 24, Part 58.40, the Environmental Assessment has been prepared, and a Findings of No Significant Impact has been made pursuant to Title 24, Part 58.43(a) of the Code of Federal Regulations and pursuant to the U.S. Department of Housing and Urban Development Environmental Guidelines. Furthermore, California Government Code section 8698.4(a)(4) provides that CEQA shall not apply to actions taken by a city to encumber, or facilitate the encumbrance of, land owned by the city for, or to provide financial assistance to, a homeless shelter constructed or allowed by that section. Thus, no further environmental review is required. RECOMMENDED ACTION: Adopt resolutions: A) Authorizing the acceptance of a $154,703.53 Capital Emergency Housing Solutions Grant Program grant from the County of San Diego to implement the Chula Vista Homeless Bridge Shelter Capital Project, approving an agreement with the County to implement said project, and appropriating funds for these purposes; (4/5 Vote Required) and B) Extending the declaration of the Shelter Crisis. 6.PUBLIC COMMENTS 377 The public may address the Council on any matter within the jurisdiction of the Council but not on the agenda. 7.PUBLIC HEARINGS The following item(s) have been advertised as public hearing(s) as required by law. City of Chula Vista City Council August 8, 2023 Post Agenda Page 8 of 561 7.1 Sewer Service: Assess Delinquent Sewer Service Charges as Recorded Liens Upon the Respective Parcels of Land and Place Delinquent Charges on the Next Regular Property Tax Bill for Collection by the County Treasurer-Tax Collector 381 Continued from July 25, 2023 Report Number: 23-0175 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: Conduct the public hearing and adopt a resolution assessing certain delinquent sewer service charges as recorded liens upon the respective parcels of land and placement of delinquent charges on the next regular tax bill for collection by the County Treasurer-Tax Collector. (4/5 Vote Required) 7.2 Solid Waste Service: Assess Delinquent Solid Waste Service Charges as Recorded Liens Upon the Respective Parcels of Land and Place Delinquent Charges on the Next Regular Property Tax Bill for Collection by the County Treasurer-Tax Collector 396 Continued from July 25, 2023 Report Number: 23-0176 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: Conduct the public hearing and adopt a resolution assessing certain delinquent solid waste service charges as recorded liens upon the respective parcels of land and placement of delinquent charges on the next regular tax bill for collection by the County Treasurer-Tax Collector. (4/5 Vote Required) 8.ACTION ITEMS The following item(s) will be considered individually and are expected to elicit discussion and deliberation. City of Chula Vista City Council August 8, 2023 Post Agenda Page 9 of 561 8.1 Agreement: Approve an Agreement with Cityzen Solutions, Inc., Doing Business As PublicInput, for an Online Public Engagement Platform 409 Report Number: 23-0204 Location: No specific geographic location Department: City Manager Environmental Notice: This activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Adopt a resolution approving an agreement with Cityzen Solutions, Inc., doing business as (“dba”) PublicInput, for an online public engagement platform, with an initial term through June 30, 2026, and two optional one-year extensions. 8.2 Labor Relations: Report on Implementation of Recommendations from the City Council Ad-Hoc Subcommittee on Labor Relations and Request for Direction 496 Report Number: 23-0206 Location: No specific geographic location Department: City Manager Environmental Notice: This activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Accept a report on implementation of recommendations made by the City Council Labor Relations Ad Hoc Subcommittee and provide direction. 9.CITY MANAGER’S REPORTS 10.MAYOR’S REPORTS 11.COUNCILMEMBERS’ COMMENTS 11.1 Councilmember Chavez: Ratification of Appointment to the Following Commission: 556 Heath Wellness and Aging Commission - Pat Mallen 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) City of Chula Vista City Council August 8, 2023 Post Agenda Page 10 of 561 13.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9 (d)(1) (A) Name of case: Jacqueline Limon v. City of Chula Vista, et al., San Diego Superior Court, Case No. 37-2021-00045866-CU-PA-CTL. (B) Name of Case: City of Chula Vista, et al. v. Joe Stephenshaw, as Director, et al.; California Court of Appeal, Third Appellate District; Case No. C094237. 14.ADJOURNMENT to the regular City Council meeting on September 12, 2023, 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. City of Chula Vista City Council August 8, 2023 Post Agenda Page 11 of 561 City of Chula Vista Regular Meeting of the City Council Meeting Minutes July 25, 2023, 5:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Present: Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, Mayor McCann Also Present: City Manager Kachadoorian; Jill Maland representing Lounsbery Ferguson Altona & Peak LLP, Interim Acting City Attorney; City Clerk Bigelow; Assistant City Clerk Turner The City Council minutes are prepared and ordered to correspond to the City Council Agenda. Agenda items may be taken out of order during the meeting. The agenda items were considered in the order presented. _____________________________________________________________________ 1. CALL TO ORDER A regular meeting of the City Council of the City of Chula Vista was called to order at 5:04 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. 2. ROLL CALL City Clerk Bigelow called the roll. 3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Councilmember Cardenas led the Pledge of Allegiance. 4. SPECIAL ORDERS OF THE DAY 4.1 Presentation and Update on the Chula Vista Bayfront Master Plan by Port Commissioner Ann Moore Port Commissioner Moore gave a presentation on the item and responded to questions from the City Council. 4.2 Presentation by Conservation Specialist Robert Coleman on the City's Inaugural Zero Waste Academy Conservation Specialist Coleman gave a presentation on the item and responded to questions from the City Council. Page 12 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 2023-07-25 City Council Regular Minutes Page 2 4.3 Presentation of a Proclamation to the Odyssey of the Mind Competition State Champions and World Finalists: 5th/6th Grade Gold Dragons, 8th Grade Green Dragons, and 6th Grade Purple Dragons and Commending Discovery Charter School Coaches Mayor McCann read the proclamation and Councilmember Chavez presented it to Coach Amy Markham and the students. 5. CONSENT CALENDAR (Items 5.1 through 5.10) Items 5.5 and 5.9 were removed from the Consent Calendar at the request of Deputy Mayor Preciado and members of the public, respectively. Moved by Deputy Mayor Preciado Seconded by Councilmember Chavez To approve the recommended actions appearing below consent calendar Items 5.1 through 5.4, 5.6 through 5.8 and 5.10. The headings were read, text waived. The motion carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (5 to 0) 5.1 Approval of Meeting Minutes Approve the minutes dated: September 20, 2022, March 2, 2023, May 4, 2023, and July 11, 2023. 5.2 Waive Reading of Text of Resolutions and Ordinances 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 Consideration of Requests for Excused Absences Consider requests for excused absences as appropriate. No requests were received at that meeting. 5.4 Animal Regulations: Amending Animal Regulations Related to Stray Holding Periods and Harboring Strays (Second Reading and Adoption) Robert Johnson submitted written comments expressing a neutral position on the item. Adopt an ordinance amending Chula Vista Municipal Code Sections 6.12.042 and 6.24.140 to reduce the minimum holding period for stray cats and dogs from four business days to three days and to remove the prohibition against harboring a lost or stray dog. (Second Reading and Adoption) Page 13 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 2023-07-25 City Council Regular Minutes Page 3 Item 5.4 heading: ORDINANCE NO 3552 OF THE CITY OF CHULA VISTA AMENDING SECTIONS IN TITLE 6 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO STRAY HOLDING PERIODS AND HARBORING STRAYS (SECOND READING AND ADOPTION) 5.6 Agreement: Approve an Agreement with Winbourne Consulting Inc. to Provide Project Management Services for the Police Department's Records Management System Adopt a resolution approving an agreement with Winbourne Consulting Inc. to provide project management services for the Police Department’s Records Management System. Item 5.6 heading: RESOLUTION NO 2023-101 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH WINBOURNE CONSULTING INC. TO PROVIDE PROJECT MANAGEMENT SERVICES FOR RECORDS MANAGEMENT SYSTEM 5.7 Grant Award: Accept a Grant from Michelson Philanthropies Through the California Animal Welfare Funders Collaborative to Provide Animal Care Services, and Appropriate Funds Adopt a resolution accepting a grant award from Michelson Philanthropies through the California Animal Welfare Funders Collaborative in the amount of $10,000 to provide preventative surrender services at the Animal Care Facility and appropriate funds for that purpose. (4/5 Vote Required) Item 5.7 heading: RESOLUTION NO 2023-102 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A GRANT FROM MICHELSON PHILANTHROPIES THROUGH THE CALIFORNIA ANIMAL WELFARE FUNDERS COLLABORATIVE AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) 5.8 Grant Award and Agreements: Accept a Grant and Approve an Agreement with the California Board of State and Community Corrections, Approve Agreements with SBCS Corporation and SANDAG for the Public Health and Safety Grant Program, and Appropriate Funds Adopt resolutions: A) Accepting $2,708,250 in grant funds from the California Board of State and Community Corrections for the Proposition 64 Public Health and Safety Grant Program and appropriating $622,877 to the Fiscal Year 2023/24 Police Grants Section of the State Grants Fund; (4/5 Vote Required) B) Approving Agreement Number BSCC 945-22 with the Board of State Community Corrections for the Proposition 64 Public Health and Safety Grant Program; and C) Approving agreements with SBCS Corporation and SANDAG for the Proposition 64 Public Health and Safety Grant Program. Page 14 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 2023-07-25 City Council Regular Minutes Page 4 Item 5.8 heading: A) RESOLUTION NO. 2023-103 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A GRANT FROM THE BOARD OF STATE AND COMMUNITY CORRECTIONS AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) B) RESOLUTION NO. 2023-104 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT NUMBER BSCC 945-22 WITH THE BOARD OF STATE COMMUNITY CORRECTIONS FOR THE PROPOSITION 64 PUBLIC HEALTH AND SAFETY GRANT PROGRAM C) RESOLUTION NO. 2023-105 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENTS WITH SBCS CORPORATION AND SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE PROPOSITION 64 PUBLIC HEALTH & SAFETY GRANT PROGRAM 5.10 Measure A: Amend the Measure A Public Safety Expenditure Plan to Reclassify Two Police Agent Positions to Two Police Sergeant Positions and Restore Language for Multi-Purpose Store Front and Public Safety Training Center Robert Johnson submitted written comments expressing a neutral position on the item. Adopt a resolution approving the amended Measure A Public Safety Expenditure Plan to reclassify two Police Agent positions to two Police Sergeant positions and restore language for a Multi-Purpose Store Front and Public Safety Training Center. Item 5.10 heading: RESOLUTION NO 2023-107 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDED MEASURE A PUBLIC SAFETY EXPENDITURE PLAN TO RECLASSIFY TWO POLICE AGENTS TO TWO POLICE SERGEANTS AND RESTORE ORIGINAL LANGUAGE FOR MULTI- PURPOSE STORE FRONT AND PUBLIC SAFETY TRAINING CENTER ITEMS REMOVED FROM THE CONSENT CALENDAR 5.5 Privacy and Technology: Adopt an Ordinance to Add Chula Vista Municipal Code Chapter 2.65, Establishing a Privacy Protection and Technology Advisory Commission (Second Reading and Adoption) The following members of the public submitted written comments in opposition to staff's recommendation:  Margaret Baker  Norell Martinez  Nancy Relaford  Kathy Hardy  Jeanne Brown  Brenda Aguirre  Patricia Mondragon Page 15 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 2023-07-25 City Council Regular Minutes Page 5  Pedro Rios  Francis X. Riley The following members of the public submitted written comments in support of staff's recommendation:  Paul Henkin  Kathy Hardy The following members of the public submitted written comments expressing a neutral position:  Frank Riley  Jeanne Brown, representing Criminal Justice Committee, LWVSD  Patricia Mondragon  Margaret Baker  Iam Serulo  Brenda Aguirre  Mary Davis  Pati Ruiz  Robert Johnson Moved by Deputy Mayor Preciado Seconded by Councilmember Gonzalez To adopt Ordinance No. 3553, the heading was read, text waived. The motion was carried by the following vote: Yes (4): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, and Deputy Mayor Preciado No (1): Mayor McCann Result, Carried (4 to 1) Item 5.5 heading: ORDINANCE NO 3553 OF THE CITY OF CHULA VISTA ADDING CHULA VISTA MUNICIPAL CODE CHAPTER 2.65, “PRIVACY PROTECTION AND TECHNOLOGY ADVISORY COMMISSION” (SECOND READING AND ADOPTION) 5.9 Grant Award: Accept a Grant from the Department of California Highway Patrol for the Cannabis Tax Fund Grant Program, and Appropriate Funds John Acosta, Chula Vista resident, spoke regarding matters related to commercial cannabis businesses. Delia Dominguez Cervantes, Chula Vista resident, spoke regarding matters related to cannabis. Page 16 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 2023-07-25 City Council Regular Minutes Page 6 Robert Johnson submitted written comments expressing a neutral position on the item. Moved by Deputy Mayor Preciado Seconded by Councilmember Cardenas To adopt Resolution No. 2023-106, the heading was read, text waived. The motion carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (5 to 0) Item 5.9 heading: RESOLUTION NO. 2023-106 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FUNDS FROM THE DEPARTMENT OF CALIFORNIA HIGHWAY PATROL AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) 6. PUBLIC COMMENTS Daniel Teague spoke regarding wildfire hazards. The following members of the public spoke regarding matters related to homelessness:  Christine Brady  Brandon Claypool Joseph Raso spoke regarding the tenant protection ordinance. Robert Johnson spoke regarding security matters and submitted written communications. John Acosta spoke regarding City matters. Freddie Bermudez spoke regarding sports regulations in City parks. Delia Dominguez Cervantes spoke regarding a mileage tax. Camilo Marquez submitted a request to speak but was not present when called. Robert Johnson submitted written comments regarding security matters. Mayor McCann recessed the meeting at 6:45 p.m. The City Council reconvened at 7:01 p.m., with all members present, except Councilmember Chavez who joined the meeting at 7:03 p.m. 7. PUBLIC HEARINGS 7.1 Sewer Service: Assess Delinquent Sewer Service Charges as Recorded Liens Upon the Respective Parcels of Land and Place Delinquent Charges on the Next Regular Property Tax Bill for Collection by the County Treasurer-Tax Collector Mayor McCann opened the public hearing. Page 17 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 2023-07-25 City Council Regular Minutes Page 7 Emilie Stone spoke in opposition to staff's recommendation. The following members of the public submitted written comments in opposition to the item:  Cheryl  Delia Dominguez Cervantes There being no further members of the public who wished to speak, Mayor McCann closed the public hearing. Mayor McCann announced that the public hearing would be continued to the meeting on August 8, 2023, at 5:00 p.m. Assistant Director of Finance Del Rio responded to questions from the City Council. 7.2 Solid Waste Service: Assess Delinquent Solid Waste Service Charges as Recorded Liens Upon the Respective Parcels of Land and Place Delinquent Charges on the Next Regular Property Tax Bill for Collection by the County Treasurer-Tax Collector Mayor McCann opened the public hearing. There being no members of the public who wished to speak, Mayor McCann closed the public hearing. Mayor McCann announced that the public hearing would be continued to the meeting on August 8, 2023, at 5:00 p.m. Assistant Director of Finance Del Rio responded to questions from the City Council. 8. ACTION ITEMS 8.1 Property Acquisition: Authorizing the Purchase and Rehabilitation of the Palomar Motel for Conversion into Permanent Supportive Housing City Manager Kachadoorian, Director of Housing and Homeless Services Kurz, and Management Analyst Rodriguez gave a presentation on the item. Director of Housing and Homeless Services Kurz announced that a revised resolution for the item had been distributed to the City Council, and that action on the item would be with respect to the revised document. Christine Brady, speaking on behalf of Emily Kosko, Karina Morelos, Rosa Vasquez, and Katie Leon, suggested changes to the proposed project. The following members of the public spoke regarding matters related to homelessness:  John Acosta, Chula Vista resident  John Reyes Page 18 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 2023-07-25 City Council Regular Minutes Page 8 The following members of the public submitted written comments expressing a neutral position on the item:  Maria Sanchez  Paul Henkin Director of Housing and Homeless Services Kurz responded to questions from the City Council. Moved by Councilmember Cardenas Seconded by Mayor McCann To adopt Resolution Nos. 2023-108 and 2023-109, the headings were read, text waived. The motion carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (5 to 0) Item 8.1 headings: A) RESOLUTION NO. 2023-108 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER OR DESIGNEE TO NEGOTIATE PURCHASE TERMS AND CONDITIONS, DEDICATE REMAINING EMERGENCY RENTAL ASSISTANCE 2 FUNDS, AND EXECUTE ALL DOCUMENTS NECESSARY TO ACQUIRE AND REHABILITATE THE PALOMAR MOTEL LOCATED AT 1160 WALNUT AVENUE FOR CONVERSION INTO PERMANENT SUPPORTIVE HOUSING B) RESOLUTION NO. 2023-109 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING APPLICATION TO AND PARTICIPATION IN THE HOMEKEY PROGRAM 8.2 American Rescue Spending Plan: Amend the American Rescue Plan Act (ARPA) Spending Plan Finance Director Schoen gave a presentation on the item. John Acosta spoke regarding COVID funding. Moved by Mayor McCann Seconded by Deputy Mayor Preciado To adopt Resolution No. 2023-110, the heading was read, text waived. The motion carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (5 to 0) Page 19 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 2023-07-25 City Council Regular Minutes Page 9 Item 8.2 heading: RESOLUTION NO. 2023-110 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2023/24 BUDGET, AMENDING THE FISCAL YEAR 2023/24 CIP PROGRAM BUDGET BY ESTABLISHING A NEW CIP PROJECT, GGV0270 “PALOMAR MOTEL”; AND AMENDING THE AMERICAN RESCUE PLAN ACT SPENDING PLAN; AND APPROPRIATING $13 MILLION FOR ACQUISITION AND RENOVATION OF PALOMAR MOTEL (GGV0270) (4/5 VOTE REQUIRED) 9. CITY MANAGER’S REPORTS 9.1 Fire Station 1 Renovation Update Fire Chief Muns spoke regarding a recent deployment and Development Project Manager Peterson gave an update on the Fire Station 1 renovation. 9.2 Harborside Park Referral Update City Manager Kachadoorian gave an update on the Harborside Park referral. John Acosta, Chula Vista resident, spoke in support of reopening Harborside Park. Robert Johnson submitted written comments expressing a neutral position on the item. 10. MAYOR’S REPORTS 10.1 Boards and Commissions: Consideration of Annual Reappointments A. REAPPOINTMENTS TO FIRST TERMS (Initial term less than two years) o Jose Torres, Board of Ethics o Alexia Velissaropoulos, Board of Ethics o William Salle, Citizens' Oversight Committee - Measure A o Lourdes Nunez-Silva, Civil Service Commission o Ken Muraoka, Cultural Arts Commission o Christian Gomez, Human Relations Commission o Rodney Caudillo, Traffic Safety Commission B. REAPPOINTMENTS TO SECOND TERMS o Bryan Ehm, Board of Appeals and Advisors o Isidro Barragan, Board of Ethics o Elizabeth Murphy, Health Wellness and Aging Commission o Brenda Aguirre, Mobilehome Rent Review Commission o Michael De La Rosa, Planning Commission o Jerome Torres, Planning Commission o Brianna Conser, Parks and Recreation Commission o Ashleigh Padilla, Parks and Recreation Commission o Adriana Guevara Gluyas, Sustainability Commission Susan Lake submitted written comments in opposition to the item. Page 20 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 2023-07-25 City Council Regular Minutes Page 10 Moved by Mayor McCann Seconded by Councilmember Chavez To make the above reappointments. The motion carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (5 to 0) 10.2 Ratification of Appointment to the Following Commissions: Citizens' Oversight Committee - Measure A - Patricia Alvarez Cultural Arts Commission - Christine Brady Human Relations Commission - David Diaz - Jeffrey Redondo - Julie Holm Sustainability Commission - Jeanine Sharkey Veterans Advisory Commission - Francia Castro - Henry Martinez Robert Johnson submitted written comments regarding audio for boards and commissions. Moved by Mayor McCann Seconded by Deputy Mayor Preciado To ratify the above appointments. The motion carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (5 to 0) 10.3 Consideration of Appointment of a Voting Delegate and Alternates for the 2023 League of California Cities Annual Conference to be Held in Sacramento, September 20 - 22 John Acosta spoke in opposition to appointing Councilmember Cardenas as the alternate. Page 21 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 2023-07-25 City Council Regular Minutes Page 11 Moved by Mayor McCann Seconded by Councilmember Cardenas To appoint Mayor McCann as the Voting Delegate and Councilmember Cardenas as the Alternate for the 2023 League of California Cities annual conference. Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (5 to 0) Mayor McCann spoke regarding Comic-Con; ribbon-cutting ceremonies for Lauderbach Park, Chula Vista Water Sports, and Urbane Cafe; Brews for Barks fundraiser for the Animal Care Facility; and the Animal Care Facility's 100th anniversary. He wished the Bonita Valley Girls Softball team luck as they play for the Western National title. 11. COUNCILMEMBERS’ COMMENTS Councilmember Chavez spoke regarding the San Diego Pride Parade, Brews for Barks event, Animal Care Facility and the adoptable pets, and the 3rd annual Filipino American Friendship Festival. She announced the ability to check the status of permits on the Development Services Department's website. Deputy Mayor Preciado spoke in support of the Human Relations Commission pursuing activities and programming to highlight diversity. Councilmember Cardenas spoke regarding available pets at the Animal Care Facility and provided an update on SANDAG. 11.1 Councilmember Gonzalez: Ratification of Appointment to the Following Commission: Moved by Councilmember Gonzalez Seconded by Mayor McCann Health Wellness and Aging Commission - Joyce Perischilli To ratify the above appointment of Joyce Perischilli to the Health Wellness and Aging Commission. Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (5 to 0) 11.2 Deputy Mayor Preciado & Councilmember Gonzalez: Written Communications Robert Johnson submitted written comments expressing a neutral position on the item. At the request of Councilmember Gonzalez and Deputy Mayor Preciado, there was a consensus of the City Council to add an action item to the September 12 City Page 22 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 2023-07-25 City Council Regular Minutes Page 12 Council agenda for the City Manager to respond to the subcommittee's memorandum with recommendations on the budget and strategic plan. 12. CITY ATTORNEY'S REPORTS There were none. 13. CLOSED SESSION Pursuant to Resolution No. 13706 and Council Policy No. 346-03, Official Minutes and records of action taken during Closed Sessions are maintained by the City Attorney. Acting City Attorney Maland announced that Item 13.1 would not be heard and would be continued to the August 8, 2023 City Council meeting. 13.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1) Name of case: Jacqueline Limon v. City of Chula Vista, et al., San Diego Superior Court, Case No. 37-2021-00045866-CU-PA -CTL. Item was not discussed. 14. ADJOURNMENT The meeting was adjourned at 9:06 p.m. Minutes prepared by: Tyshar Turner, Assistant City Clerk _________________________ Kerry K. Bigelow, MMC, City Clerk Page 23 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda v . 0 03 P a g e | 1 August 8, 2023 ITEM TITLE Agreement: Approve an Agreement with The Pun Group LLP to Provide Cannabis Excise Tax and Inventory Audit and Consulting Services Report Number: 23-0184 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 Adopt a resolution approving an agreement with The Pun Group, LLP to provide cannabis excise tax and inventory audit and consulting services. SUMMARY To enhance Cannabis Excise Tax revenue collection efforts, program oversight, and compliance with Chula Vista Municipal Code Chapter 5.21, the Finance Department is requesting that the City Council adopt a resolution approving an agreement with The Pun Group, LLP to provide cannabis excise tax and inventory audit and consulting services. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with 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 Page 24 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda P a g e | 2 DISCUSSION In March 2018, the City Council approved Ordinance 3418, which created a licensing and regulatory structure for the operation of lawful Cannabis Businesses located within the City of Chula Vista’s jurisdiction; such structure is codified in Chula Vista Municipal Code (“CVMC”) Chapter 5.19. In August 2018, the City Council approved Ordinance 3434, subject to approval by a simple-majority vote of the electorate as required by law, enacted a tax on the privilege of conducting business relating to cannabis in the City of Chula Vista. Ordinance 3434 is codified in CVMC Chapter 5.21. On November 6, 2018, City of Chula Vista voters approved Measure Q, which imposes a Cannabis Business Tax of $25 per square foot of canopy on Cannabis Cultivators, and 7% of gross receipts on all other Cannabis Businesses including Storefront Retailers, Non-Storefront Retailers, Manufacturers, Distributors, and Testing Laboratories. This tax is to fund general City services, including enforcement efforts against Cannabis Businesses that are operating illegally. CVMC Section 5.21.150 allows the City to perform compliance audits and examine all cannabis business locations, books, and records to certify tax remittance and general operations are in accordance with the City of Chula Vista’s rules and regulations. To enhance Cannabis Excise Tax revenue collection efforts, program oversight, and compliance with CVMC Chapter 5.21, the Finance Department is recommending the use of a consultant to provide cannabis excise tax and inventory audit and consulting services. In October 2022, in collaboration with the City of La Mesa and the County of Imperial, a Request for Proposal (RFP 23-09) was published by the City of La Mesa, to request cannabis audit services to perform cash handling audits, on-site inventory audits, cannabis revenue excise tax reporting audits, development of audit policies and procedures, and track and trace systems evaluation. Five (5) proposals were received, and staff from all three agencies evaluated the proposals and selected The Pun Group, LLP. The Pun Group, LLP is experienced in providing accounting, advisory, and audit services. The firm is headquartered in Orange County, California, with four branches in San Diego County. Currently, they are providing cannabis audit services to various jurisdictions, including the cities of La Mesa, Stockton, San Bernardino, Fairfield, and Salinas. The Finance Department recommends entering into an agreement with The Pun Group, LLP for the above- described cannabis excise tax and inventory audit services, for an initial term of one year through June 30, 2024, with four (4) one-year options to renew through the end of fiscal year 2028. Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through June 30, 2024, shall not exceed $129,000. Currently, eleven licensed cannabis businesses are operating within the City of Chula Vista limits. It is expected a twelfth cannabis businesses will open during fiscal year 2024. Page 25 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda P a g e | 3 DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the 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 of 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 this resolution will result in no fiscal impact to the General Fund, the cost of this contract is included in the fiscal year 2024 adopted budget. ONGOING FISCAL IMPACT The ongoing fiscal impact is estimated to be $66,300 for fiscal year 2025, $52,020 for fiscal year 2026, $27,591 for fiscal year 2027, and $28,143 for fiscal year 2028, and will be considered as part of the annual budget development process. ATTACHMENTS 1. RFP 23-09 for Cannabis Tax Audit Services 2. Agreement with The Pun Group, LLC Staff Contact: Adrian Del Rio, Assistant Director of Finance Jimmy Vasquez, Revenue Manager, Finance Department Sarah Schoen, Finance Director/Treasurer Page 26 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY AND THE PUN GROUP, LLC TO PROVIDE CANNABIS EXCISE TAX AND INVENTORY AUDIT AND CONSULTING SERVICES WHEREAS, On November 6, 2018, City of Chula Vista voters approved Measure Q by 64.32%, which imposes a Cannabis Business tax of $25 per square foot of canopy on Cannabis Cultivators, and 7% of gross receipts of all other Cannabis Businesses including Storefront Retailers, Non-Storefront Retailers, Manufacturers, Distributors, and Testing Laboratories, to fund general City services, including but not limited to enforcement efforts against Cannabis Businesses that are operating illegally; and WHEREAS, Chula Vista Municipal Code (“CVMC”) Chapter 5.19 and the City’s Cannabis Ordinance contain the local licensing and regulatory provisions governing Commercial Cannabis Businesses in the City of Chula Vista; and WHEREAS, Currently, eleven licensed Cannabis Businesses are operating withi n the City’s boundaries, and a twelfth Cannabis Businesses will open during fiscal year 2024; WHEREAS, CVMC Section 5.21.150 allows the City to perform compliance audits and examine all businesses locations, books, and records of cannabis businesses to certify tax remittance and general operations are in accordance with the City of Chula Vista rules and regulations; and WHEREAS, to enhance Cannabis Excise Tax revenue collection efforts, program oversight, and compliance with CVMC Chapter 5.21, the Finance Department requires the use of a consultant to provide cannabis excise tax and inventory audit and consulting services; and WHEREAS, request for proposal (RFP 23-09) was published in October 2022 by the City of La Mesa in conjunction with the City of Chula Vista and Imperial County, to request cannabis audit services to perform cash handling audits, on-site inventory audits, development of audit policies and procedures, and track and trace systems evaluation; and WHEREAS, five (5) proposals were received, staff from all three agencies evaluated the proposals and selected The Pun Group, LLC; and WHEREAS, the staff recommends entering into an agreement with The Pun Group, LLC for the above-described cannabis excise tax and inventory audit services, for an initial term through June 30, 2024, with four (4) one-year options to renew through fiscal year 2028; and WHEREAS, the proposed agreement with The Pun Group, LLC shall become effective upon adoption of this Resolution by the City Council. Page 27 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the agreement between the City and The Pun Group, LLC to provide cannabis excise tax and inventory audit and consulting services, 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 the same. Presented by Approved as to form by Sarah Schoen Jill D.S. Maland Director of Finance/Treasurer Lounsbery Ferguson Altona & Peak Acting City Attorney Page 28 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 1 REQUEST FOR PROPOSALS RFP 23-09 CANNABIS TAX AUDITING SERVICES FOR THE CITIES OF LA MESA AND CHULA VISTA AND THE COUNTY OF IMPERIAL October 3, 2022 City of La Mesa Finance Department 8130 Allison Ave La Mesa, CA 91942 Page 29 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 2 SECTION 1 REQUEST FOR PROPOSALS A. INVITATION The City is soliciting qualification packets from companies experienced and qualified to perform cannabis tax audit services for the City of La Mesa, City of Chula Vista and County of Imperial (hereinafter referred to as “Agencies”). Interested and qualified companies who have demonstrated their ability at providing comparable services are invited to submit proposals. This award will be for one year with four one-year options to renew. Qualified companies are invited to submit an online proposal to the City no later than 5:00 p.m. on November 1, 2022. B. BACKGROUND OF THE CITY OF LA MESA The City of La Mesa was incorporated in 1912, as a General Law, Council-Manager municipality. The City’s approximate population size is 73,000. La Mesa is a full-service city. On November 6, 2018, La Mesa voters approved a cannabis business tax (Measure V) by 73.4 percent, which authorized the establishment and implementation of a cannabis business tax on all cannabis businesses operating in the City of La Mesa. This is a general tax and is used to fund general expenses such as police, fire, roads and recreation. Rates – Medicinal 1. Cultivation: $7 annually per SQFT of canopy space (indoor) or $1 annually per SQFT of canopy space for any nursery 2. Testing laboratory: 1% of gross receipts 3. Retail sales: 0% of gross receipts 4. Distribution: 2% of gross receipts 5. Manufacturing, processing or microbusinesses: 2% of gross receipts Rates – Adult-Use 1. Cultivation: $7 annually per SQFT of canopy space (indoor) or $1 annually per SQFT of canopy space for any nursery 2. Testing laboratory: 1% of gross receipts 3. Retail sales: 4% of gross receipts 4. Distribution: 2% of gross receipts 5. Manufacturing, processing or microbusinesses: 2.5% of gross receipts The above rates are set per La Mesa Municipal Code Section 6.10. Page 30 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 3 C. BACKGROUND OF THE CITY OF CHULA VISTA The City of Chula Vista was incorporated in 1911. It is the second -largest City in San Diego County with a population over 277,000 residents. Chula Vista boasts more than 52 square miles of coastal landscape, canyons, rolling hills, mountains, quality parks, and miles of trails. Chula Vista is a leader in conservation and renewable energy, has outstanding public schools, and has been named one of the top safest cities in the country. Chula Vista voters approved Measure Q on November 6, 2018, by 64.32%. Measure Q imposes a cannabis business tax of $25 per square foot of canopy on cannabis cultivators and 7% of gross receipts on all other cannabis businesses including Storefront Retailers, Non-Storefront Retailers, Manufacturers, Distributors, and Testing Laboratories. This tax is to fund general City services, including enforcement efforts against cannabis businesses that are operating illegally. Chula Vista Municipal Code chapter 5.19 and the City’s Cannabis Regulations contain the local licensing and regulatory provisions governing commercial cannabis businesses in the City of Chula Vista. D. BACKGROUND OF THE COUNTY OF IMPERIAL Imperial County is home to approximately 180,000 residents which live and work within its seven cities (Brawley, Calexico, Calipatria, El Centro, Holtville, Imperial and Westmorland) and eight unincorporated communities (Bombay Beach, Heber, Niland, Ocotillo, Palo Verde, Salton City, Seeley and Winterhaven). The county was the last to be established in California in 1907; however, it is the ninth largest California County encompassing 4,284 square miles. We have a rich agricultural heritage, which includes the production of half of our nation’s winter vegetables, an extensive amount of renewable resources, including geothermal, wind, and solar, a wide-range of cultural and outdoor recreational activities with hundreds of points of interest such as the Imperial Sand Dunes Recreation Area, a magnet for off - road enthusiasts, and the Sonny Bono Salton Sea National Wildlif e Refuge, a renowned birding site, and a lively population with frequent family-oriented community events. Page 31 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 4 SECTION 2 SCOPE OF WORK A. SCOPE OF REQUIRED SERVICES Services desired may include, but are not limited to the following item related to business tax audits. The list of services may vary between the Agencies based on need. Business Tax Audits 1) Provide technical and policy expertise to the Agencies related to the operations and understanding of the Cannabis Industry to ensure compliance with state and local law. 2) Facilitate at least three stakeholder meetings (informational kick-off, workshop for input, and final draft or process review). 3) Recommend Agencies’ policies and procedures for tax collection and tax audits including the development of recommended internal control standards and record keeping/audit related administrative policies and procedures to ensure optimal cannabis operator compliance with state and local laws. 4) Provide assistance with Track and Trace System Evaluation. 5) Monitor business tax reporting to ensure compliance with applicable laws. 6) Conduct audits annually or as recommended per industry standards or practice. a) Represent the Agencies for purposes of examining records related to cannabis tax to identify and confirm any errors/omissions leading to the deficit of payments to the Agencies. b) For each error/omission identified and confirmed, prepare the appropriate documentation to facilitate recovery of revenue due to the Agency including any applicable penalties and interest. c) Prepare and provide to the appropriate parties requests for corrective action and revenue recovery. d) Meet with designated Agency staff as necessary to review findings and recommendations. e) Provide any additional assistance as necessary to support the Agency in recovering and preventing tax delinquencies. f) Perform tax audits to industry best practice standards of quality and detail for cash basis businesses. Page 32 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 5 B. CITY OF CHULA VISTA ONLY – INVENTORY AUDIT SCOPE OF SERVICES The City of Chula Vista seeks qualified firms with experience assisting municipal governments with consulting services related to audit initialization, and inventory and compliance audit services, which include, but not limited to: 1. Provide assistance in cannabis on-site inventory audit, reporting and analysis. 2. Provide assistance in the development of inventory audit policies and p rocedures. C. CONTRACT MODIFICATION From time to time minor modifications may be required to the Scope of Work. Permanent modifications to the Scope of Work will be provided to the contractor in writing. In the event such modifications, in the opinion of the Contractor, make compliance with contract conditions impractical, Contractor shall submit a written request for modification to the requirements in the Scope of Work. This request shall set forth in detail the reasons why the specified changes make the Scope of Work impractical and include Contractor’s proposal or recommendation to relieve the impracticality. Page 33 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 6 SECTION 3 QUALIFICATIONS AND REQUIREMENTS A. QUALIFICATIONS The qualifications of a vendor will be determined based on the following factors: 1) Understanding of the Agencies’ request for services. 2) Experience as subject matter and technical experts to implement and support the Agencies’ cannabis tax collection process. 3) Experience in providing extensive professional services as it relates to similar activities directly related to public agencies. 4) Experience in providing services with personnel who are trained and skilled in cannabis compliance. 5) Ability to work with Agencies’ staff on all issues related to cannabis tax policies, fiscal analysis, compliance reviews, tax audits/assessments. 6) Ability to provide best practices to ensure all state and local laws are followed . 7) Understanding of the ongoing evolution of state laws. 8) Understanding of the industry standards of practice for the management of cannabis compliance and tax audits. 9) Ability to interact professionally with cannabis businesses and Agencies’ personnel; promote quality customer service and a professional image of the Agency; and respond promptly and courteously to requests. 10) Verifiable references from other clients. Page 34 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 7 SECTION 4 SUBMITTAL INSTRUCTIONS A. SUBMISSIONS DUE Please submit proposals online in the form of scanned documents through PlanetBids. Only submissions made through the online system will be accepted. All proposals are due no later than by 5:00 p.m. on Tuesday, November 1, 2022. Proposals received after the deadline will not be considered. B. REQUIRED COMPONENTS Your proposal must be complete for consideration and must consist of two files, your response to the request for qualifications and your cost proposal. Your response to the request for qualifications should include the following documents: ▪ Information Statement including contact details. ▪ Statement of Interest (250 words or less) describing why your company has an interest in this project and why it would be the Agencies best choice. ▪ Statement of company background and philosophy (250 words or less). ▪ Description of approach to Scope of Work listed. ▪ Statement of qualifications matching those required. ▪ List of other similar contract experience and contact names to be used as references (please list at least three (3) to be used as references). ▪ Cost schedule breakdown including each required service. A Proposal Packet (Section 6) has been included for your use. If you choose to provide your own forms you must include all information listed. Page 35 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 8 SECTION 5 EVALUATION CRITERIA AND KEY CONSIDERATIONS A. QUALIFICATION EVALUATION PROCESS Proposals will be evaluated by a panel of Agency staff. The Agencies will use the following criteria for evaluation: 20% Description of approach to Scope of Work 20% Statement of qualifications 20% References 20% Cost schedule 20% Interview B. TENTATIVE SCHEDULE FOR THE RFP RFP distributed 10/03/2022 Q&A deadline 10/25/2022 Responses to RFP due 11/01/2022 Committee review complete 11/14/2022 Interviews (remote) 11/21/2022 (week of) Selection of company 12/13/2022 Agreement execution date 01/01/2023 C. QUESTIONS AND ANSWERS Questions related to this RFP must be submitted through the PlanetBids system and will only be accepted through 1:00 p.m. on Monday, October 25, 2022. D. REVISIONS TO THE RFP The Agencies reserve the right to revise the RFP prior to the date that proposals are due. Revisions to the RFP shall be communicated via PlanetBids vendor and bid management system to all prospective businesses. The Agencies reserve the right to extend the date by which the submittals are due. E. DISCRETION AND LIABILITY WAIVER The Agencies reserve the right to exercise discretion and apply its judgment with respect to any qualifications submitted. The Agencies reserve the right to reject any or all submittals, either in part or in their entirety, or to request and obtain, from one or more of the businesses submitting, Page 36 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 9 supplementary information as may be necessary for Agencies staff to analyze the qualifications pursuant to the contractor selection criteria contained herein. The Agencies may require contractors to participate in additional rounds of discussions, negotiations, or more refined submittals before the ultimate selection of a contractor is made. These rounds could encompass revisions of the submittal criteria in response to the nature and scope of the initial qualifications. The contractor, by submitting a response to this RFP, waives all right to protest or seek any legal remedies whatsoever regarding any aspect of this RFP. This RFP does not commit the Agencies to award a contract, to defray any costs incurred in the preparation of a submission pursuant to this RFP, or to procure or contract for work. The company shall be responsible for all costs associated with preparation of their submission to the City. All qualifications submitted in response to this RFP become the property of the City and public records and, as such, may be subject to public review. The Agencies reserve the right to cancel or modify in part or in its entirety this RFP including, but not limited to: selection procedures, submittal date, and submittal requirements. If the City cancels or revises the RFP, all companies will be notified via PlanetBids. F. CITY’S STANDARD GENERAL SERVICES AGREEMENT The successful company is expected to execute each Agencies standard general services agreement (copies provided) as is with minor modifications as required to customize the agreement to the specific services. Successful companies shall comply with all insurance and licensing requirements as set forth in the standard agreement. G. OTHER PUBLIC AGENCIES Other public agencies may piggyback on this RFP or the executed agreement from this RFP award in order to enter into contracts with the successful company for any and all services specified within. Page 37 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 10 SECTION 6 PROPOSAL PACKET, RFP 23-09 CANNABIS TAX AUDITING SERVICES INFORMATION STATEMENT Legal Name of Organization: Date Established: Legal Status, i.e., corporation, partnership, sole proprietorship Officers/Owners of Organization: Name: Title: Name: Title: Name: Title: Name: Title: Number of Employees: Permanent – Full Time: _____ Part Time: _____ Business Address: Contact Information: Organization Bank Name: Branch: Address: Contact Name: The Agencies reserve the right to perform a credit check on your organization to obtain information regarding your organization’s financial stability. Are you or your organization currently engaged or involved in any litigation over the proprietary rights or patent rights for the software or services to be used for the City of La Mesa? _____________________ If yes, please attach explanation. Page 38 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 11 STATEMENT OF INTEREST (250 words or less describing why your company has an interest in this project and why it would be the City of La Mesa’s best choice) Page 39 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 12 STATEMENT OF COMPANY BACKGROUND AND PHILOSOPHY (250 words or less) Page 40 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 13 DESCRIPTION OF APPROACH TO SCOPE OF WORK (To match those required) Page 41 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 14 STATEMENT OF QUALIFICATIONS (To match those required) Page 42 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 15 CONTRACT EXPERIENCE – REFERENCES (List most recent experience first and specifically include any government agency experience – List any additional on separate sheet) Company Name Address City State Zip Phone Fax Email Principal Contact Name Contact Phone Company Name Address City State Zip Phone Fax Email Principal Contact Name Contact Phone Company Name Address City State Zip Phone Fax Email Principal Contact Name Contact Phone Page 43 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 16 COST SCHEDULE (Costs should be provided per agency and/or per activity for each item within the scope of work) 1) Provide technical and policy expertise to the Agencies related to the operations and understanding of the Cannabis Industry to ensure compliance with state and local law. $ 2) Facilitate at least three stakeholder meetings (informational kick-off, workshop for input, and final draft or process review). $ 3) Recommend Agencies’ policies and procedures for tax collection and tax audits including the development of recommended internal control standards and record keeping/audit related administrative policies and procedures to ensure optimal cannabis operator compliance with state and local laws. $ 4) Provide assistance with Track and Trace System Evaluation. $ 5) Monitor business tax reporting to ensure compliance with applicable laws. $ 6) Conduct audits annually or as recommended per industry standards or practice. $ CITY OF CHULA VISTA ONLY – INVENTORY AUDIT 7) Provide assistance in cannabis on-site inventory audit, reporting and analysis. $ 8) Provide assistance in the development of inventory audit policies and procedures. $ Page 44 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 1 City of Chula Vista Agreement No.: 2023-133 Consultant Name: THE PUN GROUP, LLP Rev. 1/17/23 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH THE PUN GROUP, LLP TO PROVIDE CANNABIS TAX AND INVENTORY AUDIT & CONSULTING SERVICES This Agreement is entered into effective as of August 8, 2023 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and THE PUN GROUP, LLP, (“Consultant”) collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, On November 6, 2018, City of Chula Vista voters approved Measure Q by 64.32%, which imposes a Cannabis Business tax of $25 per square foot of canopy on Cannabis Cultivators, and 7% of gross receipts of all other Cannabis Businesses including Storefront Retailers, Non-Storefront Retailers, Manufacturers, Distributors, and Testing Laboratories, to fund general City services, including but not limited to enforcement efforts against Cannabis Businesses that are operating illegally; and WHEREAS, Chula Vista Municipal Code Chapter 5.19 and the City’s Cannabis Ordinance contain the local licensing and regulatory provisions governing Commercial Cannabis Businesses in the City of Chula Vista; and WHEREAS, Currently, eleven licensed Cannabis Businesses are operating within the City’s boundaries, and a twelfth Cannabis Businesses will open during fiscal year 2024; and WHEREAS, Chula Vista Municipal Code Section 5.21.150 allows the City to perform compliance audits and examine all cannabis business locations, books, and records to certify tax remittance and general operations are in accordance with the City of Chula Vista’s rules and regulations; and WHEREAS, to enhance Cannabis Excise Tax revenue collection efforts, program oversight, and compliance with Municipal Code Chapter 5.21, the Finance Department requires the use of a consultant to provide cannabis excise tax and inventory audit and consulting services; and WHEREAS, In order to procure these services in collaboration with City of La Mesa, and the County of Imperial, and in accordance with Chula Vista Municipal Code Section 2.56.110 for “professional services”, a Request for Proposal was published (RFP 23-09) by the City of La Mesa. Five (5) proposals were received, staff from all three agencies evaluated the proposals and selected the Consultant as the most qualified amongst those submitting; 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: 7716E7E8-AACD-4E4A-96A4-34FCA113B132 Page 45 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 2 City of Chula Vista Agreement No.: 2023-133 Consultant Name: THE PUN GROUP, LLP Rev. 1/17/23 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 5 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: 7716E7E8-AACD-4E4A-96A4-34FCA113B132 Page 46 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 3 City of Chula Vista Agreement No.: 2023-133 Consultant Name: THE PUN GROUP, LLP Rev. 1/17/23 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, subject to Sections 6.1 and 6.2 of this Agreement, 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: 7716E7E8-AACD-4E4A-96A4-34FCA113B132 Page 47 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 4 City of Chula Vista Agreement No.: 2023-133 Consultant Name: THE PUN GROUP, LLP Rev. 1/17/23 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: 7716E7E8-AACD-4E4A-96A4-34FCA113B132 Page 48 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 5 City of Chula Vista Agreement No.: 2023-133 Consultant Name: THE PUN GROUP, LLP Rev. 1/17/23 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 timely and fully protect, defend, reimburse, 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 DocuSign Envelope ID: 7716E7E8-AACD-4E4A-96A4-34FCA113B132 Page 49 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 6 City of Chula Vista Agreement No.: 2023-133 Consultant Name: THE PUN GROUP, LLP Rev. 1/17/23 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, and with counsel approved in writing by City, 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 and fees 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 DocuSign Envelope ID: 7716E7E8-AACD-4E4A-96A4-34FCA113B132 Page 50 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 7 City of Chula Vista Agreement No.: 2023-133 Consultant Name: THE PUN GROUP, LLP Rev. 1/17/23 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. 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 DocuSign Envelope ID: 7716E7E8-AACD-4E4A-96A4-34FCA113B132 Page 51 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 8 City of Chula Vista Agreement No.: 2023-133 Consultant Name: THE PUN GROUP, LLP Rev. 1/17/23 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 DocuSign Envelope ID: 7716E7E8-AACD-4E4A-96A4-34FCA113B132 Page 52 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 9 City of Chula Vista Agreement No.: 2023-133 Consultant Name: THE PUN GROUP, LLP Rev. 1/17/23 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.) DocuSign Envelope ID: 7716E7E8-AACD-4E4A-96A4-34FCA113B132 Page 53 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 10 City of Chula Vista Agreement No.: 2023-133 Consultant Name: THE PUN GROUP, LLP Rev. 1/17/23 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. THE PUN GROUP, LLP CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ Kenneth H. Pun JOHN MCCANN CPA, CGMA, Engagement Partner MAYOR ATTEST BY: ________________________________ Kerry K. Bigelow, MMC City Clerk APPROVED AS TO FORM CITY ATTORNEY BY: _______________________________ Jill D.S.Maland Lounsbery Ferguson Altona & Peak Acting City Attorney DocuSign Envelope ID: 7716E7E8-AACD-4E4A-96A4-34FCA113B132 Page 54 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 11 City of Chula Vista Agreement No.: 2023-133 Consultant Name: THE PUN GROUP, LLP Rev. 1/17/23 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Jimmy Vasquez 276 4th Avenue, Chula Vista, CA 91910 619) 585-5688 jvasquez@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: THE PUN GROUP, LLP Kenneth Pun 200 E. Sandpointe Ave Suite 600, Santa Ana, CA 92707 949) 777-8801r ken.pun@pungroup.com For Legal Notice Copy to: Kenneth Pun 200 E. Sandpointe Ave Suite 600, Santa Ana, CA 92707 949) 777-8801 ken.pun@pungroup.com 2. Required Services A. General Description: Consultant shall provide services, as directed by City, related to cannabis audit initialization, compliance audit services, cash handling audit, cannabis revenue excise tax reporting audit, fiscal analysis, inventory audit, reporting and analysis, and development of audit policies and procedures. B. Detailed Description: Consultant shall provide services, as directed by City, described below: Cannabis Revenue Excise Tax Audits: Provide technical and policy expertise to the City related to the operations and understanding of the cannabis industry to ensure compliance with state and local laws. Facilitate at least three stakeholder meetings (information kick-off, workshops for input, and final draft of process review). DocuSign Envelope ID: 7716E7E8-AACD-4E4A-96A4-34FCA113B132 Page 55 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 12 City of Chula Vista Agreement No.: 2023-133 Consultant Name: THE PUN GROUP, LLP Rev. 1/17/23 Recommend City policies and procedures for tax collection and tax audits including the development of recommended internal control standards and record keeping/audit related administrative policies and procedures to ensure optimal cannabis operator compliance with state and local laws. Evaluate and implement track and trace system. Evaluate excise tax reporting to ensure compliance with applicable laws. Implement excise tax reporting template. Conduct audits annually or as recommended per industry standards or practice. o Represent the City for purposes of examining records related to cannabis excise tax to identify and correct any errors/omissions leading to incorrect remittances to the City. o For errors/omissions in excise tax collection identified, prepare appropriate documentation to facilitate the recovery of revenue due to the City including applicable penalties and interest. o Prepare and deliver notice to entities for corrective action and revenue recovery. o Meet with City staff as necessary to review findings and recommendations. o Provide additional assistance necessary to support the City in recovering and preventing tax delinquencies. o Perform tax audits to industry practice standards of quality and detail for cash basis businesses. Inventory Audit: Perform cannabis on-site inventory audit, reporting and analysis. Provide technical expertise to the City in the development of inventory audit policies and procedures. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin August 8, 2023 and end on June 30, 2024 for completion of all Required Services. 4. Compensation: A. Form of Compensation Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B., 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: The Pun Group LLP: 1. Cannabis Business Tax Audit, Reporting and Analysis: $6,000 per licensee each fiscal year. Which includes: a) Facilitate at least 3 stakeholders meeting (informational kick-off, workshop for input, and draft or process review). b) Recommend policies and procedures for tax collection and tax audits including development of recommended internal control standards and record keeping/audit related administrative policies and procedures to ensure optimal cannabis operator compliance with state and local laws. c) Provide assistance with track and trace system evaluation. d) Monitor business tax reporting to ensure compliance with applicable laws. e) Conduct audits annually or as recommended per industry standards or practice. 2. Cannabis on-site Inventory Audit, Reporting and Analysis: $3,500 - $5,000 3. Development of Inventory Audit Policies and Procedures: $250/hour, not to exceed $25,000 in total price. DocuSign Envelope ID: 7716E7E8-AACD-4E4A-96A4-34FCA113B132 Page 56 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 13 City of Chula Vista Agreement No.: 2023-133 Consultant Name: THE PUN GROUP, LLP Rev. 1/17/23 B. Reimbursement of Costs None, the compensation includes all costs Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through June 30, 2024 shall not exceed $129,000. 5. Special Provisions: Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement for four additional one-year terms (July 1 to June 30). 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 by up to 2% for each extension. 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. The maximum amount to be paid to the Consultant for services performed through June 30, 2028 if all four options to extend are exercised shall not exceed $303,055. DocuSign Envelope ID: 7716E7E8-AACD-4E4A-96A4-34FCA113B132 Page 57 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 14 City of Chula Vista Agreement No.: 2023-133 Consultant Name: THE PUN GROUP, LLP Rev. 1/17/23 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: 7716E7E8-AACD-4E4A-96A4-34FCA113B132 Page 58 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 15 City of Chula Vista Agreement No.: 2023-133 Consultant Name: THE PUN GROUP, LLP Rev. 1/17/23 EXHIBIT C CONSULTANT 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 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 EXCLUDED4 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: Margarita Guerra 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: 7716E7E8-AACD-4E4A-96A4-34FCA113B132 Page 59 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda v . 0 03 P a g e | 1 August 8, 2023 ITEM TITLE Agreement: Approve an Amendment to the Agreement with Moffatt and Nichol to Provide Final Design for the Heritage Road Bridge Replacement Project (STM0386) Report Number: 23-0202 Location: Heritage Road between Main Street and Entertainment Circle North. Department: Engineering & Capital Projects Environmental Notice: The Project was adequately covered in previously adopted Mitigated Negative Declaration (MND) IS-17-001 (SCH No. 2017021078) and Mitigation Monitoring and Reporting Program (MMRP), and any addenda for the Heritage Road Bridge Replacement Project. Under NEPA, the California Department of Transportation (Caltrans) has determined that the Project is a Categorical Exclusion under 23 USC 327. Recommended Action Adopt the resolution approving the fifth amendment to the agreement with Moffatt and Nichol to increase the agreement amount by $298,454 and extend the agreement term until December 31, 2027 to provide final design plans, specifications, and estimates; advertise the construction contract; and provide construction design support for the Heritage Road Bridge Replacement Project (STM0386). SUMMARY The Fifth Amendment to Moffat and Nichol’s (M&N) agreement will provide the required funds, timeline, and services to facilitate and complete final design Plans, Specifications, and Estimates (PS&E), advertise the construction contract, and provide construction design support for the City’s Heritage Bridge Project (STM0386). ENVIRONMENTAL REVIEW The City’s Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the Project was adequately covered in previously adopted Mitigated Negative Declaration (MND) IS-17-001 (SCH No. 2017021078) and Mitigation Monitoring and Reporting Program (MMRP), and any and all addenda for the Heritage Road Bridge Replacement Project. Under NEPA, the California Department of Transportation (Caltrans) has determined Page 60 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda P a g e | 2 that the Project is a Categorical Exclusion under 23 USC 327. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION The M&N bridge structures team was procured as the lead structural designers for City’s Heritage Bridge Project (STM0386) per City Council Resolution 2011-221 (“Original Agreement”). Alongside the M&N team, the City has developed a Bridge Type Selection Report, which received conditional concurrence by the Caltrans Structures Local Assistance Senior Bridge Engineer who then authorized the team to proceed to final design. The M&N team also includes various subconsultants that are lead designers for the project in river hydraulic design, traffic design, landscape and irrigation, geotechnical engineering, floodplain management, and environmental permitting. The previously approved amendments to this contract can be summarized as follows: M&N Agreement Addition/Reduction Total Contract Value Notes Original Agreement - $1,777,421.00 Resolution 2011-221 Amendment 1 + $553,633.00 $2,331,054.00 Resolution 2012-218 Amendment 2 + $1,093,051.04 $3,424,105.04 Resolution 2016-215 Scope Reduction - $300,000 $3,124,105.04 Per Contract Article 1, Section A Amendment 3 + $691,269.00 $3,815,374.04 Resolution 2020-052 Amendment 4 + $207,727.00 $4,023,101.04 Resolution 2021-134 Amendment 5 + $298,454.00 $4,321,555.04 - With this fifth amendment the project can proceed to final PS&E, secure environmental permits, advertise for construction, and provide construction support when required. The current project schedule anticipates Caltrans review of final plans in fall 2023 and an estimated construction start in fall 2024. Staff is satisfied with M&N’s performance and responsiveness. In order to maintain continuity, staff recommends that the City Council approve this amendment to increase the agreement by $298,454, to a total maximum amount of $4,321,555.04, and to extend the term of the agreement for approximately two and a half years to December 30, 2027. These federally participating amounts will provide for the completion of all remaining engineering and design work as well as design support during project construction. 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 Page 61 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda P a g e | 3 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 Sufficient funds are available in STM0386 to cover the amendment. This amendment is considered grant eligible expenses for the project and will use both Highway Bridge Program (HBP) grant funds ($58,235.03) and local match City Transportation Development Impact Fee (TDIF) funds ($240,674.97). There is no fiscal impact to the City General Fund. ONGOING FISCAL IMPACT There is no ongoing fiscal impact associated with the proposed action as the Heritage Bridge Replacement Project (STM0386) has adequate funding to meet federal local match requirements and complete the design work. Staff will return to Council to add additional HBP and TDIF funds when the project is ready for construction. ATTACHMENTS Attachment 1 - Fifth Amendment to the Agreement with Moffat and Nichol Attachment 2 - Moffat and Nichol Proposal Attachment 3 –Plan Title Sheet Heritage Bridge Replacement Project (STM0386) Staff Contact: David Hicks, Engineering and Capital Projects Rosina Constanza, Engineering and Capital Projects Page 62 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIFTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY AND MOFFATT AND NICHOL TO PROVIDE FINAL DESIGN FOR THE HERITAGE ROAD BRIDGE REPLACEMENT PROJECT (STM0386) WHEREAS, on November 15, 2011, City and Moffat and Nichol (“Consultant”) entered into an Agreement Between the City of Chula Vista and Moffatt and Nichol to Provide Preliminary Engineering, Environmental Documentation and Final Design for the Heritage Road Bridge Replacement Project (“Original Agreement”); and WHEREAS, on November 20, 2012, City and Consultant entered into a first amendment to the Original Agreement to incorporate into the project widening of Main Street and Heritage Road and in order to comply with federal policies associated with environmental review, such as providing alternative feasible designs, increasing the Original Agreement amount by $533,633, for a new total contract amount of $2,331,054; and WHEREAS, on November 1, 2016, the City and Consultant entered into a second amendment to the Original Agreement for the additional time and effort required to coordinate and produce the preliminary engineering, and environmental documentation with Caltrans and the Resource Agencies increasing the total contract amount by $1,093,051.04, for a total new contract amount of $3,424,105.04; and WHEREAS, on March 9, 2018, the City and Consultant having had staffing changes, reduced the scope and fee of Task 2 Final Design decreasing the total contract amount by $300,000, for a new contract total of $3,124,105.04; and WHEREAS, on March 17, 2020, the City and Consultant entered into a Third Amendment to the Original Agreement to increase the total contract amount by $691,269, for a to tal of $3,815,374.04, so Consultant could complete additional work to meet City’s objectives for replacing Heritage Road Bridge and the widening of Main Street and Heritage Road; and WHEREAS, on July 13, 2021, the City and Consultant entered into a Fourth Am endment to the Original Agreement to increase the total contract amount to $4,023,101.04 to provide additional funding for the additional time and effort required to prepare environmental documents needed to secure construction permits and complete bridge design due to changes in Caltrans policies; and WHEREAS, City staff has been satisfied with the Consultant’s performance and responsiveness on the City’s Heritage Bridge Project; and Page 63 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Resolution No. Page 2 WHEREAS, City and Consultant desire to amend the agreement to provide additional time and funding for the effort required to complete final design Plans, Specifications, and Estimates (PS&E), advertise the construction contract, and provide design construction support for the City’s Heritage Bridge Project; and WHEREAS, Consultant and Staff have proposed $298,454 of additional work that will lead to the City’s objectives of replacing Heritage Road Bridge and the widening of Main Street and Heritage Road; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the Fifth Amendment to agreement between the City and Moffat and Nichol to provide final design for the Heritage Road Bridge Replacement Project (STM0386), 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 Approved as to form by William Valle Jill D.S. Maland Director of Engineering and Capital Projects Lounsbery Ferguson Altona & Peak Acting City Attorney Page 64 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda City of Chula Vista Amendment to Agreement No.: 2023-181 Consultant Name: MOFFATT AND NICHOL Rev. 1/24/2023 FIFTH AMENDMENT to Agreement between the City of Chula Vista and MOFFATT AND NICHOL To Provide Preliminary Engineering, Environmental Documentation and Final Design for the Heritage Road Bridge Replacement Project This FIFTH AMENDMENT “Amendment” is entered into effective as of August 8, 2023 Effective Date” by and between the City of Chula Vista (“City”) and MOFFATT AND NICHOL Consultant”) with reference to the following facts: RECITALS WHEREAS, City and Consultant previously entered into an Agreement to Proivde Preliminary Engineering, Environmental Documentation and Final Design for the Heritage Road Bridge Replacement Project (“Original Agreement”) on November 15, 2011 with a contract amount of $1,777,421; and WHEREAS, on November 20, 2012, City and Consultant entered into a first amendment to the Original Agreement to incorporate into the project widening of Main Street and Heritage Road and in order to comply with federal policies associated with environmental review, such ass providing alternative feasible designs, increasing the Original Agreement amount by $533,633, for a new total contract amount of $2,331,054; and WHEREAS, on November 1, 2016, the City and Consultant entered into a second amendment to the Original Agreement for the additional time and effort required to coordinate and produce the preliminary engineering, and environmental documentation with Caltrans and the Resource Agencies increasing the total contract amount by $1,093,051.04, for a total new contract amount of $3,424,105.04; and WHEREAS, on March 9, 2018, the City and Consultant having had staffing changes, reduced the scope and fee of Task 2 Final Design decreasing the total contract amount by $300,000, for a new contract total of $3,124,105.04; and WHEREAS, on March 17, 2020, the City and Consultant entered into a Third Amendment to the Original Agreement to increase the total contract amount by $691,269, for a total of 3,815,374.04, so Consultant could complete additional work to meet City’s objectives for replacing Heritage Road Bridge and the widening of Main Street and Heritage Road; and WHEREAS, on July 13, 2021, the City and Consultant entered into a Fourth Amendment to the Original Agreement to increase the total contract amount to $4,023,101.04 to provide additional funding for the additional time and effort required to prepare environmental documents needed to secure construction permits and complete bridge design due to changes in Caltrans policies; and DocuSign Envelope ID: 4E465043-CC0B-4C55-A4F2-D00A07117208 Page 65 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda City of Chula Vista Amendment to Agreement No.: 2023-181 Consultant Name: MOFFATT AND NICHOL Rev. 1/24/2023 WHEREAS, City and Consultant desire to amend the Agreement to provide additional time and funding for the effort required to complete final design Plans, Specifications, and Estimates PS&E) and advertise the construction contract for the City's Heritage Road Bridge Project as more specifically set forth below; and WHEREAS, the bridge is included as a replacement project in Federal Highway Bridge Program (HBP) making it eligible for the City to be reimbursed 88.53% for all participating costs, including Final Design and Construction. NOW, THEREFORE, in consideration of the above recitals and the mutual obligations of the parties set forth herein, City and Consultant agree as follows: 1. Exhibit A, entitled Amended and Restated Scope of Work and Payment Terms is hereby attached hereto and incorporated herein by this reference. 2. Except as expressly provided herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 3. Each party represents that it has full right, power and authority to execute this FIFTH Amendment and to perform its obligations hereunder, without the need for any further action under its governing instruments, and the parties executing this Amendment on the behalf of such party are duly authorized agents with authority to do so. DocuSign Envelope ID: 4E465043-CC0B-4C55-A4F2-D00A07117208 Page 66 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda City of Chula Vista Amendment to Agreement No.: 2023-181 Consultant Name: MOFFATT AND NICHOL Rev. 1/24/2023 SIGNATURE PAGE TO FIFTH AMENDMENT TO AGREEMENT BETWEEN CITY OF CHULA VISTA AND MOFFATT AND NICHOL To Provide Preliminary Engineering, Environmental Documentation and Final Design for the Heritage Road Bridge Replacement Project MOFFATT AND NICHOL CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ FRANCISCO MORALES JOHN MCCANN VICE PRESIDENT MAYOR ATTEST BY: _________________________________ KERRY K. BIGELOW, MMC CITY CLERK APPROVED AS TO FORM BY: _______________________________ Jill D.S. Maland Lounsbery Ferguson Altona & Peak Acting City Attorney DocuSign Envelope ID: 4E465043-CC0B-4C55-A4F2-D00A07117208 Page 67 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda City of Chula Vista Amendment to Agreement No.: 2023-181 Consultant Name: MOFFATT AND NICHOL Rev. 1/24/2023 EXHIBIT A AMENDED AND RESTATED SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Rosina Constanza City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 619-691-5143 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.us B. Contractor/Service Provider Contract Administration: Jared Cole MOFFATT AND NICHOL 1660 Hotel Circle North, Suite 500 San Diego, CA 92108 619-220-6050 jcole@moffattnichol.com For Legal Notice Copy to: David Huchel 4225 E. Conant St. Long Beach, CA 90808 562-308-5370 dhuchel@moffattnichol.com 2. Required Services A. General Description: Provide professional services for preliminary engineering, design and environmental studies for the replacement of the Heritage Road Bridge over the Otay River (“Project”). The Project consists of two segments; Segment A – Main Street from Nirvana Avenue to Heritage Road and Segment B – Heritage Road from Main Street to Entertainment Circle North. B. Detailed Description: DocuSign Envelope ID: 4E465043-CC0B-4C55-A4F2-D00A07117208 Page 68 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda City of Chula Vista Amendment to Agreement No.: 2023-181 Consultant Name: MOFFATT AND NICHOL Rev. 1/24/2023 TASK 1 - Preliminary Engineering Task 1 of the project includes the development of the project design up to the 30% design level. Included in this task are the Alternatives Evaluation, Project Report, Environmental Documentation, Visual Memo, Topographical Mapping, Geotechnical Investigation, Hydraulic Studies, Bridge Type Selection, Preliminary Water Quality Technical Studies and 30% Design Details. The project will be developed in English Units and will be in compliance with Caltrans design criteria, memos and specifications, which are current as of notice to proceed for Task 1. 1.1 Project Management and Administration Project Management and Administration duties will be performed for the duration of this task of the project as noted above. 1.2 Project Schedule The project schedule will be developed and maintained for the duration of this task of the project as noted above. 1.3 Project Meetings Up to 20 Team meetings with the City of Chula Vista are assumed and budgeted during this task. These will be held at the City’s office approximately once each month. The following table provides our assumption for meeting attendance: Meeting Description Consultant Team M& N DH A BR G LL G Chan g EMI Aguirr e KTU A SR A Kick-Off Meeting X X X X X X X X X Team Meeting #1 X X Team Meeting #2 X X Team Meeting #3 X X Team Meeting #4 X X Team Meeting #5 X X Team Meeting #6 X X Team Meeting #7 X X Team Meeting #8 X X X Team Meeting #9 X X Team Meeting 10 X X Team Meeting 11 X X Team Meeting 12 X X Team Meeting 13 X X Team Meeting 14 X X Team Meeting 15 X X DocuSign Envelope ID: 4E465043-CC0B-4C55-A4F2-D00A07117208 Page 69 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda City of Chula Vista Amendment to Agreement No.: 2023-181 Consultant Name: MOFFATT AND NICHOL Rev. 1/24/2023 Team Meeting 16 X X 30% Design Review X X X X X X X X Totals: 18 2 18 3 2 2 1 2 2 In addition to regularly scheduled team meetings, review focus meetings will be required with Caltrans to develop an appropriate project alternative. Up to three formal Caltrans coordination meetings are assumed and budgeted during this task. Additional informal meetings may be required between the City Staff, Caltrans Local Assistance Staff, Environmental Resource Agencies and/or the Consultant Team. The time needed for these meetings has been included in the budget for the related task. Additional informal meetings and coordination may be required between the City Staff, the Consultant Team and the Developer’s Consultants designing the extensions of Main Street and Heritage Road. The time needed for these meetings has been included in the budget for the related task. 1.4 As-Built and Utility Research As-built plans and utilities will be researched and located on the project base map. We have assumed that the as-built plans and surface surveys will be adequate to locate existing utilities. Subsurface exploration (pot holing) will be performed during the Final Design task and is included in Task 2.16. If the as-built plans show that potential utility conflicts exist, pot holing will be completed to verify utility locations. The extent of potential pot holing has been estimated to develop a placeholder budget for this task. 1.5 Site Visit A site visit will be held by all team members to review the existing conditions. 1.6 Field Surveys and Mapping An aerial topographical map (digital color format with a 0.5’ resolution or better) and supplemental field surveys will be completed and assembled into an AutoCAD format base map. A digitally rectified orthographic photo, a scale of 1”=40’ with a one-foot contour interval, will be obtained for this area. The area is defined as 500 feet on either side of the right-of-way and 200 feet north of Main Street and 200 feet south of Entertainment Circle. The aerial map will include river channel topography at a 1”=100’ scale from two miles downstream to one mile upstream of the bridge. This data is for use in the hydraulic studies. Field surveying will identify existing topographical features, right-of-way (including all critical points) and tie out any and all existing survey monuments that may be disturbed DocuSign Envelope ID: 4E465043-CC0B-4C55-A4F2-D00A07117208 Page 70 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda City of Chula Vista Amendment to Agreement No.: 2023-181 Consultant Name: MOFFATT AND NICHOL Rev. 1/24/2023 by the work. Street centerline and centerline stationing will be established to an accuracy of five-hundreds (0.05) foot. We will establish one field survey datum or benchmark which was used in the design for use during construction and all elevations, dimensions, and other measurements necessary to establish proper line and grade. Channel cross sections will be completed approximately 100’ down stream of the existing bridge and 500’ up stream of the proposed bridge, on 50’ intervals (total of 17 sections). This data is for use in the hydraulic studies. It is assumed that a biologist will be provided to accompany the surveyor within the river channel. Planimetrics will be obtained from the aerial and will include key design features such as driveways, curb & gutter, storm drain manholes and outlets, bridge limits, sidewalks, signal equipment, building boundaries, and visible utilities. Right-of-way boundaries will be obtained from record drawings. The existing bridge will be surveyed to determine the location and elevation of the deck. Documentation for all survey monumentation used in the design for use during construction will be provided with electronic files and a plot of all control coordinates for use in construction staking. 1.7 Preliminary HEC/RAS Analysis (Applicable to Segment B only) A preliminary HEC/RAS analysis will be performed with and without the existing bridge and the new bridge up stream, and up to three hydraulically different alternatives. The results of this analysis will provide water surface elevations from 100’ down stream of the existing the bridge to 500’ upstream of the proposed bridge for the 2, 10, 50 and 100-year events along with the corresponding flow volume and velocities. Initial scour estimates will be based on engineering judgment and similar river dynamics. The existing drainage structures will be identified and evaluated for current deficiencies. 1.7.1 Compilation of Channel Geometry Flood Data New cross-sectional geometries will be created based on the updated topographic survey of the river channel. The FEMA adopted flood discharges will be used. Such flood discharges as given in the report “Flood Insurance Study” by FEMA for the Otay River are as follows: 10-yr: 1,200 cfs 50-yr: 12,000 cfs 100-yr: 22,000 cfs 1.7.2 Preliminary Hydraulic Evaluation of Bridge The HEC-RAS program will be used for the preliminary hydraulic evaluation of the bridge. A debris factor will be applied to the piers. Hydraulic computations will be performed to provide: DocuSign Envelope ID: 4E465043-CC0B-4C55-A4F2-D00A07117208 Page 71 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda City of Chula Vista Amendment to Agreement No.: 2023-181 Consultant Name: MOFFATT AND NICHOL Rev. 1/24/2023 Bridge waterway opening Proper location of the bridge Water-surface elevation Bridge low chord elevation, considering the required freeboard Flow velocity Overtopping flow The hydraulic design will be guided by the Caltrans Local Assistance Procedures Manual, Chapter 11. The 50-yr and 100-yr flood will be included in hydraulic computations. This item shall cover the existing channel conditions as well as the proposed conditions. The hydraulic geometries for the optimized bridge length will be used. The impacts of the bridge on the established flood level and floodway boundaries will be determined. 1.7.3 Preliminary Flooding Impacts on Adjacent Properties Potential backwater impacts will be evaluated and mitigated whenever possible. 1.7.4 Compilation of Hydraulic Models Three hydraulic models will be compiled; they are listed below: Effective Model: This is the HEC-2 model originally prepared by the County of San Diego for the Otay River. Duplicate Effective Model: This is the HEC-RAS model converted from the HEC-2 effective model. Corrected Effective Model: This is the HEC-RAS model with corrections made to the duplicate effective model. Such corrections consist of the following: survey datum, roughness coefficient, bridge geometry, etc. 1.8 Preliminary Foundation Report (PFR) (Applicable to Segment B only) A Preliminary Foundation Report (PFR) will be prepared based on a review of available studies and documentation of previous subsurface investigations in the vicinity of the Heritage Road Bridge. The PFR will present general geology and subsurface conditions, seismic evaluation, liquefaction, scour, corrosion, preliminary foundation recommendations and recommended additional work based on a review of published geologic maps, aerial photographs, “as-built” plans, in-house documents, and other literature pertaining to the site to aid in evaluating geologic conditions and hazards that may be present. This report will be superseded by the final foundation report, which will be based on a detailed subsurface exploration program and lab testing. The PFR will generally follow the Caltrans document entitled: “Foundation Report Preparation for Bridges,” dated December 2009. 1.9 Traffic Analysis Traffic analysis will be completed for the intersections of Heritage Road at Main Street and at Entertainment Circle. The analysis will include studies for the current traffic volumes, opening DocuSign Envelope ID: 4E465043-CC0B-4C55-A4F2-D00A07117208 Page 72 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda City of Chula Vista Amendment to Agreement No.: 2023-181 Consultant Name: MOFFATT AND NICHOL Rev. 1/24/2023 day, assumed as 2015, and the horizon year, assumed to be 2035. A total of five (5) projections will be performed. A traffic study will be completed for the traffic section of the environmental document. The analysis will include projected impacts to the adjacent intersections and roadway segments under existing, phased construction, opening day (2015), and horizon year (2035) conditions. The intersections listed below will be counted to obtain existing baseline traffic volume data: Main Street/Heritage Road Heritage Road/Entertainment Circle Heritage Road/Avenida de Las Vistas ADT (tube) counts will be collected at three locations including Main Street, west of Heritage Road; Heritage Road, south of Main Street and Heritage Road south of Entertainment Circle. Forecast Traffic Volumes: The 2030 Series 11 Forecast will be used to extrapolate to the horizon year, which is assumed to be 2035. Separate Forecasts will be run for two bridge alternatives, which are assumed to be a 6-lane, and a 4-lane alternative. The Forecasts will assume Heritage Road extended northerly of Main Street and Main Street extended easterly of Heritage Road. A select link assignment on the bridge segment will be run to estimate the origins and destinations of existing traffic on the bridge. An assumed direct cost of $3600 for the SANDAG modeling has been included. The above analyses assume the existing bridge will remain open to traffic during construction. Potential impacts of the temporary reduction of lanes during construction will be analyzed. The traffic analysis will be for typical days, assuming no events at the amphitheater. A traffic analysis will be assembled that incorporates all of the above items and it will contain appropriate tables and figures. When available, forecast traffic volumes using the Year 2035 Series 12 model for the complete study area, including the expanded intersections. No modeling costs or calibration are assumed. Conduct a supplemental horizon year traffic analysis based on these new volumes. Two bridge alternatives are assumed (4-lane and 6-lane). Main Street is assumed to be built to 6-lanes per the General Plan for both alternatives. Document the results in text, tables, and graphics. Adjust Model to Account for Future Changes to SR-125 Toll Processing and Meetings: A Traffic Assessment report will be processed and approved through the City of Chula Vista. The following are assumed for this task: Two (2) submittals to the City of Chula Vista Two (2) meetings with City of Chula Vista staff Two (2) meetings with SANDAG, Caltrans and/or City of San Diego staff Cursory review by SANDAG, Caltrans and/or City of San Diego staff – two (2) submittals DocuSign Envelope ID: 4E465043-CC0B-4C55-A4F2-D00A07117208 Page 73 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda City of Chula Vista Amendment to Agreement No.: 2023-181 Consultant Name: MOFFATT AND NICHOL Rev. 1/24/2023 1.9a Not used. 1.10 Alternatives Evaluation (Applicable to Segment B) This task will focus on developing the most appropriate replacement strategy and obtaining a consensus for project development and possible funding commitments through the HBP program via Caltrans and the FHWA 1.10.1 Alternatives Development In order to develop a consensus on the baseline project, two alternatives will be developed to approximately a 10% design level and studied. Plans will include a bridge general plan and a roadway plan and profile sheet. Up to three replacement alternatives will be developed. These may include: Replace with a 6-lane bridge with 8’ shoulders and 5’ sidewalks, Width = 118’. Demo the existing bridge and re-align traffic to new structure (off-alignment). Replace with a 4-lane bridge with 8’ shoulders, 4’ striped median and 5’ sidewalks, Width =.82’ Demo the existing bridge and re-align traffic to new structure (off-alignment). Construction within existing right-of-way. 1.10.2 Pedestrian, Bicycle and Equestrian Circulation Pedestrian, bicycle and equestrian circulation, and the planed multi-use trail will be considered in respect to the proposed alternatives. 1.10.3 Ranking of Alternatives We will provide previous prepared technical information to assist the City in selecting the evaluation criteria and ranking the alternatives. Potential evaluation criteria will likely include: Hydraulic Performance Deck Geometry (Width) Traffic Capacity (ADT) and LOS Traffic Safety Features Structure Lifespan Future Maintenance Scour Potential Right-of-Way Impacts Potential Environmental Issues Pedestrian and Bicycle Connectivity Ability to Accommodate future roadway extension Ability to Accommodate Future Multiuse Trail DocuSign Envelope ID: 4E465043-CC0B-4C55-A4F2-D00A07117208 Page 74 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda City of Chula Vista Amendment to Agreement No.: 2023-181 Consultant Name: MOFFATT AND NICHOL Rev. 1/24/2023 The City will compile the technical information and develop a ranking matrix for each alternative. We will review and comment on the City’s evaluation. 1.10.4 Cost Estimates Preliminary cost estimates for each alternative will be developed using current unit cost data and a general plan level quantity take-off. Details will include a bridge general plan and a roadway plan and profile sheet for each alternative. 1.10.5 Draft Project Report This Draft Project Report will be prepared the City of Chula Vista. 1.11 Project Report for Preferred Alternative (Applicable to Segment B only) This task will focus on developing the cost, scope and schedule for the preferred alternative. It will also determine the most appropriate replacement strategy and obtain a consensus for project development. Plans shall include a bridge general plan and a roadway plan and profile sheets. 1.11.1 HEC/RAS Analysis (Hydraulic Study) A HEC/RAS analysis shall be performed for the additional above alternatives. The results of this analysis shall provide water surface elevations at the bridge and upstream for the 2, 10, 50 and 100-year events along with the corresponding flow volume and velocities. The hydraulic analysis shall also be completed for any storm drain facilities affected by the project. 1.11.2 Bridge Advanced Planning Study This study will develop the most feasible type of bridge structure for each alternative. Span lengths, structural depth, column locations, seismic issues, scour, railings, approach slabs, falsework requirements, and other details and controls will be examined in order to develop planning level an accurate cost estimate. 1.11.3 Preliminary Aesthetic Studies Aesthetic studies will be performed in conjunction with the bridge advance planning study. Span configurations, superstructure shapes, pier shapes, and other architectural elements such as railings, bridge lighting and pier overlooks will be evaluated on a conceptual level. Sketches and rough computer models will be provided with enough detail such that visual simulations can be developed. 1.11.4 Visual Simulations DocuSign Envelope ID: 4E465043-CC0B-4C55-A4F2-D00A07117208 Page 75 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda City of Chula Vista Amendment to Agreement No.: 2023-181 Consultant Name: MOFFATT AND NICHOL Rev. 1/24/2023 Visual simulations will be developed based on the results of the preliminary aesthetic studies. The visual simulations shall be of a quality suitable for use in the Visual Impact Assessment as part of the Environmental Document and for use at public meetings. 1.12 Drilling Permits and Environmental Clearance (Applicable to Segments A & B) Environmental permits to perform the geotechnical borings and investigation will be obtained through the jurisdictional agencies. These are assumed to include the California Department of Fish and Game, the US Army Corps of Engineers and the Regional Water Quality Control Board. Permit application fees will be invoiced as a direct cost. It is assumed that no borings will be taken in the sensitive habitat areas within the river channel, and that drilling will commence from the non-vegetated area to the north east of the existing bridge and along the existing roadways including Heritage Road, Main Street and the adjacent quarry access road. 1.13 Geotechnical Investigation (Applicable to Segments A & B) Geotechnical field investigation and lab testing will be completed to support the bridge and roadway design. Based on published geologic maps, it appears that the bridge alignment is underlain by alluvium over San Diego, Mission Valley or Otay Formation. Shallow groundwater at about river elevation is expected. The bridge shall be designed to Caltrans standards, and the geotechnical investigation shall follow the guidelines in the Caltrans Geotechnical Manual County of San Diego Department of Environmental Health well permits will be obtained by Earth Mechanics, Inc. for the borings. To avoid potential environmental impacts, we propose to do all drilling along the existing roadways and within the un-vegetated area to the north of the proposed bridge alignment. We have assumed one boring will be completed per day. The scope of the investigation shall consist of the following: Drill a total of nine (9) small–diameter borings using hollow-stem auger drilling equipment to examine and sample the prevailing soil conditions. Five deep borings will be drilled at the expected locations of the bridge foundations, and four shallow borings will be drilled along the proposed roadway alignment. We expect that borings will be drilled along the existing alignment of Heritage Road and Main Street, outside of the existing river channel. Drilling mud will be disposed of by the geotechnical consultant. Pavements will be patched with cold patch asphalt. Subsurface investigation shall be conducted in accordance with Article 4.3, “Subsurface Exploration and Testing Programs,” of the Caltrans Bridge Design Specifications dated April 2000 and the guidelines described in the current Caltrans Geotechnical Manual. Perform laboratory tests on selected soil samples to evaluate unit weight, water content, pH, resistivity, soluble sulfate content, chloride ion content, grain size, shear strength, consolidation, expansion and compaction characteristics of the prevailing soils. The results of the subsurface investigation and laboratory tests will be used to confirm the recommendations made in the Preliminary Foundation Report (PFR.) If appropriate, DocuSign Envelope ID: 4E465043-CC0B-4C55-A4F2-D00A07117208 Page 76 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda City of Chula Vista Amendment to Agreement No.: 2023-181 Consultant Name: MOFFATT AND NICHOL Rev. 1/24/2023 additional guidance will be provided to the design team to aid in the bridge type selection process. A Final Foundation Report (FR) will be completed in Task 2 of the project to document the final findings, conclusions and recommendations regarding the geotechnical aspects of constructing the proposed bridge, retaining walls and roadway widening. Grain-size data will be provided for use in the hydraulics and scour studies. 1.14 Bridge Type Selection (Applicable to Segment B only) This task includes the development of the preferred bridge alternative for the project site. A bridge type selection report will be developed to formalize the bridge type, materials, span arrangement, constraints, foundations, aesthesis and construction methods. This document will be prepared in accordance with Caltrans Memo to Designers 1-29. 1.14.1 Foundation Type Selection Coordinate with the project geotechnical engineer for appropriate foundation type and sizing. Based on the known geotechnical conditions up and down stream of the bridge, driven pile foundations are anticipated. 1.14.2 Roadway and Hydraulics Coordination Coordinate with the project civil designer and hydraulic requirements for bridge vertical alignment and landing requirements. 1.14.3 Bridge General Plan and Cost Estimate Prepare a bridge general plan and preliminary cost estimate 1.14.4 Aesthetic Concept The bridge engineering and project architect will collaborate to develop an aesthetic concept for the bridge that is consistent with the site. The aesthetic concept will include the general layout and shape of the main structural elements. 1.14.5 Type Selection Report Prepare a Type Selection Report that summarizes our recommended bridge type, which is best suited to the preferred project alignment as determined in the Project Report. Items that will be addressed in this report include other viable bridge types, abutment and bent layout, utility issues, maintenance issues, aesthetic issues and construction methods. This report will reference the preliminary construction cost estimates for other bridge types and bridge configurations studied for this project. The Type Selection Report will be made available to the City and Caltrans. We will attend an informal Type Selection Meeting at the City of Chula Vista. If desired, the City DocuSign Envelope ID: 4E465043-CC0B-4C55-A4F2-D00A07117208 Page 77 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda City of Chula Vista Amendment to Agreement No.: 2023-181 Consultant Name: MOFFATT AND NICHOL Rev. 1/24/2023 can invite a representative from Caltrans Local Assistance. However, since our project is not within Caltrans Right of Way, our scope does not include a formal Type Selection Meeting with Caltrans in Sacramento. The draft and final Type Selection Report will be provided to the City. 1.15 Hydrology, Hydraulics and Scour (Applicable to Segment B only) A final HEC/RAS analysis will be performed on the selected bridge alternative. The results of this analysis will provide water surface elevations at the bridge and upstream for the 2, 10, 50 and 100-year events along with the corresponding flow volume and velocities. Scour analysis will be developed based in a flood series and a FLUVIAL-12 model. A hydraulic analysis will also be completed for any storm drain facilities affected by the project. A final Hydrology, Hydraulics and Scour analysis report will be prepared to document the studies. 1.15.1 Hydraulic Evaluation of Bridge The hydraulic evaluation performed in Task 1.8 will be finalized based on the final bridge geometry. 1.15.2 Hydrologic Data Summary A Hydrologic Summary in Caltrans format will be provided for inclusion with the bridge plans. The table will include the 50-yr, 100-yr, overtopping and record floods. 1.15.3 Flooding Impacts on Adjacent Properties Flooding impacts on adjacent properties performed in Task 1.8 will be finalized based on the final bridge geometry. 1.15.4 Compilation of Required Hydraulic Models The HEC-RAS models compiled in Task 1.8 will be finalized based on the final bridge geometry. 1.15.5 Bridge Freeboard and Drift Analysis A drift analysis for the bridge will be performed based on the final bridge geometry. The source of floating debris will be analyzed. The production of floating debris will be assessed in consideration of the hydraulics of flood flow. The required freeboard for safe drift passage will be determined and recommended. 1.15.6 Bridge Scour Analysis DocuSign Envelope ID: 4E465043-CC0B-4C55-A4F2-D00A07117208 Page 78 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda City of Chula Vista Amendment to Agreement No.: 2023-181 Consultant Name: MOFFATT AND NICHOL Rev. 1/24/2023 Potential river channel changes will be determined to provide the necessary information for bridge design. The following will be performed: Finalize the hydraulic geometries of the channel and the bridge based on the fluvial study Determine the general and local scour for the design of bridge piers and abutments Provide recommendations for the design of bank protection and bridge abutments 1.15.7 Application for CLOMR A Conditional Letter of Map Revision (CLOMR) will be processed through FEMA based on the final design. After the bridge is constructed a Letter of Map Revision (LOMR) will be processed through FEMA. The package will include necessary items for obtaining a LOMR from FEMA for the as-built plans of the channel including the floodwalls. The following items will be prepared and submitted. A report for the application providing all necessary information requested by FEMA as documented in a notebook of instruction by Baker Engineers Plotted 100-yr water-surface and channel-bed profiles of channel reach for the as-built conditions Plots of sample cross sections Maps for the updated HEC-2 study showing the new floodplain boundaries and floodway Input/output listings of HEC-2 run for as-built conditions of channel Forms required by FEMA including Certification by Registered Professional Engineer, Riverine Hydraulic Analysis, etc. Responses to questions from FEMA and Baker Engineers during the review process Making revisions and providing additional information if requested from FEMA resulting from the review. 1.16 Preliminary Water Quality Technical Studies Memo (Applicable to Segments A & B) A Preliminary Water Quality Technical Studies Memo will be prepared for the preferred project to discuss alternative temporary and permanent Best Management Practices (BMP’s) to protect water quality during and after completion of construction works. The memo will be prepared in compliance with the National Pollutant Discharge Elimination System (NPDES) Construction General Permit # CAS000002, the NPDES Municipal Permit # CAS0108758, and the City of Chula Vista Development Storm Water Manual, and included as an appendix to the Project Report. 1.17 30% Design Submittal (Applicable to Segment B) The 30% design submittal will be based on the preferred alternative and will include a project title sheet, a sheet list, horizontal control sheet, bridge general plan, bridge foundation plan, DocuSign Envelope ID: 4E465043-CC0B-4C55-A4F2-D00A07117208 Page 79 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda City of Chula Vista Amendment to Agreement No.: 2023-181 Consultant Name: MOFFATT AND NICHOL Rev. 1/24/2023 roadway plan and profile sheets (Geometric Approval Drawings), grading plans, roadway typical sections, preliminary landscape plan and a preliminary engineer’s estimate of probable cost. Utility dispositions will be defined on the bridge foundation plan or on the roadway plan and profile sheets. The 30% design will be submitted to the City. Response to comments and comment resolution of the 30% submittal will be performed as part of Task 2. The 30% design submittal will conclude the design effort for Task 1. 1.18 Caltrans Coordination (Applicable to Segments A & B) The project must be designed and processed in accordance with the Caltrans Local Programs Manuals to facilitate potential funding from the HBP program. Significant Coordination with the District Local Assistance Engineer and the Structures Local Assistance Engineer will help assure a smooth project that meets the federal funding criteria. 1.18. 1 Bridge Sufficiency Rating Analysis An evaluation of the bridge condition will be completed and compared to the current Caltrans maintenance reports and sufficiency rating (SR). This task includes a detailed visual field review of the bridge condition. Recommendations that could change the SR will be formalized in a project memo along with any noted structural or geometric deficiencies. 1.18.2 Project Funding Analysis We will assist the City with securing HBP funding by drafting preliminary paperwork required to nominate the bridge for inclusion into the HBP program, (most likely as a rehabilitation candidate). We will advise the City as to other potential funding sources that may be used for this project. 1.18.3 Replacement vs. Rehabilitation Letter Once the bridge becomes eligible for rehabilitation through the HBP program, we will assist the City in preparing a letter to justify to Caltrans and FHWA that the bridge should be replaced. This letter will address the deficiencies of the existing bridge and describe why replacing the bridge is the best option. 1.19 NEPA / CEQA Environmental Documentation (Applicable to Segments A & B) The following scope of work is based on the assumption that a single document is developed that will satisfy both CEQA and NEPA requirements. Moreover, the required technical reports will be prepared as single document unless otherwise instructed to satisfy both the NEPA federal lead agency requirements as well as the City of Chula Vista requirements as lead agency for CEQA. It is further assumed for purposes of this scope of work, but not conclusively at this time, that the joint document will be an Initial Study (IS) pursuant to CEQA and an Environmental Assessment EA) pursuant to NEPA. The City and Caltrans will provide a format and recent example for the EA/IS. DocuSign Envelope ID: 4E465043-CC0B-4C55-A4F2-D00A07117208 Page 80 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda City of Chula Vista Amendment to Agreement No.: 2023-181 Consultant Name: MOFFATT AND NICHOL Rev. 1/24/2023 1.19.1 Field Review / PES We will attend a Field Review of the project site with City and Caltrans District 11 staff as necessary. If necessary, we will review and revise, the current version of the Preliminary Environmental Studies (PES) form, with the input of the Project Design Team (PDT), The PES form identifies (and confirm) the anticipated documentation necessary pursuant to NEPA. We will prepare a CEQA Initial Study Checklist which will be used to determine the appropriate environmental document and what technical studies will be required pursuant to CEQA and the City of Chula Vista local ordinances. The draft PES form will be submitted to Caltrans. After any necessary revisions are incorporated, the final signed PES form will be forwarded for signature. The draft initial study checklist will be submitted to City of Chula Vista environmental staff for review and approval. 1.19.2 Project Impact Area (PIA)/Area of Potential Effect (APE) A) The PIA will be prepared in consultation with Caltrans and will be based on all anticipated pre-construction and construction activities. B) An APE map will be developed in consultation with the City and Caltrans for obtaining project approval through Caltrans/FHWA. This map will provide the survey boundaries for cultural resources evaluated during project studies. The APE map will be based on the total anticipated disturbance footprint associated with project activities (e.g., road construction, staging areas, detours, drainage facilities, and adjacent parcels should any additional right-of- way be required). The APE will incorporate within its boundaries all the limits of the PIA. 1.19.3 Environmental Data Collection Existing conditions data will be collected from site visits and through identification of relevant secondary data sources such as the City General Plan, MSCP, Subarea Plan, and SANGIS database. 1.19.4 Technical Studies 1.19.4.1 Visual Impact Assessment We will prepare a Visual Impact Assessment (VIA) that evaluates the visual impact of the project improvements from several key viewpoints. The FHWA Visual Impact Assessment for Highway Project guidelines shall be followed to quantify the visual analysis. This assessment shall describe the existing visual characteristics of the area involving the interchanges and vicinity, and any significant visual resources. The potential visual impacts from project construction and use of the widened and/or replaced bridge will be evaluated through the use of ground level photographs from viewpoints near the project site. Visual conditions and project impacts shall be quantified as required in the VIA guidelines for highway projects. Mitigation measures shall be recommended, if necessary, to reduce any significant impacts. The visual quality report would include view shed maps and character/quality unit mapping and typical photos of the adjacent visual environment. It would include mass diagram/model wire- frames for each of the alternatives being considered. These wire-frames would be added over site photos. Detailed visual simulations will be done for the preferred project. Multiple views will be included of the preferred alternative. An existing photo, proposed unmitigated and a mitigated version would all be provided. The VIA will be prepared under the supervision of a licensed Landscape Architect. DocuSign Envelope ID: 4E465043-CC0B-4C55-A4F2-D00A07117208 Page 81 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda City of Chula Vista Amendment to Agreement No.: 2023-181 Consultant Name: MOFFATT AND NICHOL Rev. 1/24/2023 1.19.4.2 Historic See Cultural Resource Studies under Task 1.20.4.9. 1.19.4.3 Biology The Natural Environmental Study (NES) will be prepared consistent with U.S. Department of Federal Highway requirements as implemented by Caltrans. Discussion of sensitive wildlife and plant species will be done within the context of the City’s MSCP Subarea Plan, Wetlands Protection Program (WPP) and the Habit Loss and Incidental Take (HLIT) ordinance. The tables and text will need to reference whether the species are covered, and will describe the appropriate management requirements for each species. This includes, but is not limited to, restrictions for timing for clearing, implementing protective measures and adjacency guidelines for the species’ habitat, and providing the requisite habitat-based mitigation. The mitigation should be identified based on the ratios provided in the MSCP Subarea Plan that governs that particular area of impact. It is assumed that the project will not result in a net impact to wetlands and that all wetland impacts will be mitigated on-site or at an approved wetland mitigation bank. Work to identify and plan for off-site mitigation is not anticipated in this scope of work. The following tasks will be performed: Arroyo toad and western spadefoot toad habitat. Although nocturnal presence surveys for arroyo toad and spadefoot toad may not be needed, the biological report will need to contain an assessment of the project impact area of the Otay River watershed to determine whether it contains suitable habitat for the arroyo toad and the western spadefoot toad. The three characteristics most commonly associated with arroyo toad breeding habitat include: 1) sandy channel substrate, 2) adjacent open sandy terraces, and 3) channel braiding, all of which are associated with low stream gradients. The western spadefoot toad habitat primarily consists of lowlands, sandy washes and river floodplains. This information will need to be included within a list of potential sensitive species that could occur within the project area and incorporated into the appendices of the biological report. Surveys for arroyo toad and western spadefoot toad are not included in this scope and fee. Perform protocol surveys for least Bell’s vireo and southwest willow flycatcher. A total of eight surveys would be conducted for the least Bell’s vireo, at least ten days apart between April 10th and July 31st; and a total of five surveys would be conducted for the southwestern willow flycatcher, over three separate time periods (one survey between May 15th to May 31st, one survey between June 1st and June 21st, and three surveys between June 22nd and July 17th). Within 45 days of the last field survey, a letter report summarizing the survey findings would be submitted to the USFWS and CDFG Perform protocol surveys for coastal California gnat catcher. Include a description of the Biological Survey Area for this species and a map that shows the buffer area. Permitted biologist(s) will conduct protocol surveys, in accordance with current USFWS protocol survey requirements within potentially suitable habitat areas for the federally listed endangered quino checkerspot butterfly. As required by federal permit, a Notice indicating the initiation of protocol surveys on the project site would be submitted to USFWS 10 days prior to the first survey. Within 45 days of the last field survey, a letter report summarizing the survey findings will be submitted to the USFWS. Costs associated with this task are based on the assumption that 5 protocol surveys would be conducted. If quino are not found during the first 5 DocuSign Envelope ID: 4E465043-CC0B-4C55-A4F2-D00A07117208 Page 82 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda City of Chula Vista Amendment to Agreement No.: 2023-181 Consultant Name: MOFFATT AND NICHOL Rev. 1/24/2023 surveys, then protocol surveys would continue until the end of flight season and each additional survey would be billed on a time and materials basis. Permitted/supervised biologists will conduct turtle trapping surveys over consecutive days within each trapping location during the pond turtle’s breeding season to potentially determine presence. If a western pond turtle is captured during trapping effort, it will be reported to CDFG through submission of a California Native Species Field Survey form or similar reporting format, as required by the Scientific Collectors Permit. The biological report shall contain an assessment of the PIA to determine if appropriate habitat exists for the clapper rails. If it is determined that appropriate habitat exists for clapper rails then Protocol Surveys utilizing prescribed USFWS methods, taking into account the season and aural and visual surveys, will need to be performed. Surveys for clapper rails are not included in the present scope and fee. Perform focused surveys for Chula Vista narrow endemic species. If detected, the project would be subject to the provisions for narrow endemic species pursuant to the City’s MSCP Subarea Plan. Perform rare plant surveys in May and July in order to coincide with the blooming periods of potentially occurring sensitive species. The report shall also include a table that identifies the vegetation communities and land cover types by name and acreage within the study area. Late season surveys will need to be performed to detect late blooming sensitive and/or special status species. Discuss why species with low or medium potential are not to be further considered any further, specifically those listed as threatened or endangered by the state or federal government. Perform a wetland delineation using the currently accepted U.S. Army Corps of Engineers (ACOE) delineation manual. This delineation will be used to determine project impacts and in support of the Section 404 permit required from the UCOE. The City of Chula Vista’s Wetlands Protection Program (WPP) shall be referenced in the appropriate Regulatory Requirement Section. Any wetlands identified by the biological report shall be reviewed in order to determine whether these are considered wetlands as defined by the City’s WPP. Wetland resources shall be mitigated pursuant to the mitigation standards contained in the City’s MSCP Subarea Plan. Prepare a Natural Environment Study (NES) consistent with Caltrans requirements. The NES will describe the biological resources of the project area, quantify project impacts, and recommend mitigation measures to offset those impacts. The NES will address two to three project alternatives and it is anticipated that the City, Caltrans and FHWA will require revisions. Fully describe the relationship between the City of Chula Vista and Caltrans in regards to this project. In particular, explain the federal action involved with the proposed project. The report will incorporate a quantifiable evaluation of expected indirect impacts associated with noise, lighting, drainage, toxic substances, and spread of invasive species. Prepare a conceptual restoration plan to mitigate for project impacts. The plan will identify the type of plants, planting densities, irrigation and long-term monitoring requirements. Consult with the USFWS on an informal basis during design of the project in order to obtain a favorable Biological opinion pursuant to Section 7 of the federal Endangered Species Act as may be required by the federal government. DocuSign Envelope ID: 4E465043-CC0B-4C55-A4F2-D00A07117208 Page 83 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda City of Chula Vista Amendment to Agreement No.: 2023-181 Consultant Name: MOFFATT AND NICHOL Rev. 1/24/2023 1.19.4.4 Noise It is assumed that the project is a Type I project as defined by 23 CFR 772. We will prepare a Noise Study in accordance with Caltrans Traffic Noise Analysis Protocol. Noise measurements shall be conducted at sensitive receptors in the four quadrants of the existing river crossing/proposed bridge structure area, and at nearby locations as necessary to define existing traffic noise levels and to calibrate the traffic noise model. Future traffic noise will be predicted using Caltrans SOUND32/SOUND2000 or equivalent. Preparation of a Noise Abatement Decision Report is not proposed at this time. The noise study will also include a separate evaluation of construction noise. Noise originating from construction equipment will be evaluated with respect to relevant federal and municipal standards. In addition to complying with federal noise standards, the noise report will also comply with the City of Chula Vista Noise Control Ordinance. The noise measurements used in the noise report shall be calibrated and comply with both federal and City of Chula Vista standards and methods for assessing and mitigating any potential noise impacts. A Noise Abatement Decision Report (NADR) will also be prepared. The NADR will (1) summarize the conclusions of the Noise Study; (2) present the preliminary noise abatement decision; and (3) present preliminary information on any secondary effects of noise abatement. 1.19.4.5 Traffic A traffic study using the results of the traffic analysis from Section 1.9 will be incorporated into the environmental technical studies. Two review cycles are assumed for the noise study. 1.19.4.6 Water Quality Technical Report The Water Quality Technical Report (WQTR) shall comply with the requirements of the City of Chula Vista Development Storm Water Manual. The report shall provide a Best Management Practices (BMP) Plan with suitable scale to show Drainage Management Areas (DMA’s) and locations of proposed BMP’s. The BMP Plan shall demonstrate that runoff from all project areas are treated before discharge to the river. The WQTR shall address hydromodification and potential impacts to downstream erosion and habitat integrity. Mitigation measures shall be proposed to prevent such impacts. A project specific Storm Water Pollution Prevention Plan (SWPPP) will be developed. The project construction and post construction Best Management Practices will be outlined and described in the environmental documents. The WQTR shall identify responsible persons for maintenance of all treatment control BMP’s and establish a maintenance procedure and schedule for each treatment control BMP. An estimate shall be included for the annual cost of post-construction BMP maintenance. 1.19.4.7 Hydraulic and Drainage Study / Floodplain Evaluation Report A hydraulic study using the 2, 50- and 100-year floods adopted by FEMA for the existing bridge profile and the adjusted bridge profile will be prepared by the consultant. The report will conform to Caltrans standards and requirements. DocuSign Envelope ID: 4E465043-CC0B-4C55-A4F2-D00A07117208 Page 84 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda City of Chula Vista Amendment to Agreement No.: 2023-181 Consultant Name: MOFFATT AND NICHOL Rev. 1/24/2023 The results obtained from the Hydrologic/Hydraulic analysis performed in Tasks 1.7 and 1.15 will be incorporated into the environmental technical studies as a Floodplain Evaluation Report. A technical report will be prepared. This report will document the background, methods of study, findings and recommendations to prepare the construction documents for the final configuration of the bridge. 1.19.4.8 Initial Site Assessment (Hazardous Materials) We will prepare an Initial Site Assessment (ISA) in accordance with Caltrans' procedures. We will conduct an agency records search to identify all hazardous waste sites located within the project study area and classified as a hazardous waste site under State law. The records search shall also identify business types located within the project study area that would be likely to store, transfer, or utilize large quantities of hazardous materials. This information shall be obtained from records maintained by the State of California Department of Health and Regional Water Quality Control Board, and other appropriate agencies. We will conduct a visual survey of the project area via available public access to identify any obvious area of hazardous waste contamination. If hazardous waste sites are identified within the project study area, we will determine the potential impact to the project and identify subsequent procedures to determine the extent of contamination and remediation requirements. Historic land use information for the project study area shall be requested from the City to determine whether previous uses may have resulted in hazardous waste contamination. A draft ISA shall be submitted to the City and Caltrans for review. We will revise the ISA as necessary, and submit a final ISA for Caltrans and City of Chula Vista approval. 1.19.4.9 Air Quality Study We will prepare an air quality assessment for the project. Conformity with the Clean Air Act for regional operational emissions will be demonstrated by documenting that the project is consistent with the air quality analysis of the SANDAG Regional Transportation Improvement Program and Regional Transportation Plan. Local emissions will be addressed in accordance with Caltrans Transportation Project Level Carbon Monoxide (CO) Protocol. Construction-related emissions will be estimated and compared with CEQA and NEPA conformity guidelines. Dust control requirements and abatement measures consistent with City and SCAQMD policies and regulations will be included in the analysis. The air quality analysis will address the applicability of the City’s Growth Management Ordinance and Carbon Dioxide Reduction Plan, as applicable to the project. The analysis of local CO emissions is dependent on detailed traffic data, which will be determine for the project. The Air Quality report will include an evaluation of Green House Gas emissions. The Air Quality report will also determine if the project is regionally significant in order to determine if CO Protocol analysis will be required. The Air Quality report will DocuSign Envelope ID: 4E465043-CC0B-4C55-A4F2-D00A07117208 Page 85 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda City of Chula Vista Amendment to Agreement No.: 2023-181 Consultant Name: MOFFATT AND NICHOL Rev. 1/24/2023 reference the most recent Mobile Source Air Toxics Guidance Memorandums from FHWA. Two review cycles are assumed for the Air Quality Study. 1.19.4.10 Cultural Resource Study/Paleontological Resource Assessment An archaeological records search will be conducted to identify prehistoric and historic archaeological sites recorded within one mile of the project area, as well as the locations of previous cultural resource studies. Native American Consultation: The scope of work for this task includes the following: Request a Sacred Lands Search from the Native American Heritage Commission, and obtain a list of Native American representatives who will be contacted Prepare letters to each of the above representatives Contact each tribe to confirm receipt of the letter and determine if they will comment on the project We have assumed that the tribes will not comment. If we do receive comments, the additional work may include; responding to the comments, meeting with the tribes to discuss, or developing a mitigation approach. This additional effort is not included in the current scope. Field Survey: Upon receipt and review of the records search an archaeological field survey will be conducted of the project area under the supervision of a qualified archaeologist. The field investigation will use standard intervals of 10 to 15 meters. Special attention will be given to relocating previously recorded sites, which have been identified by the records search. Report Preparation: An Archaeological Survey Report (ASR) and a Historic Properties Survey Report (HPSR) meeting Caltrans standards will be completed. The reports will be prepared to document the results of the records search and intensive field survey. The reports will provide background cultural history for the project area, discuss survey methods, and identify any cultural resources located on the project site and impacts that would occur to those resources. Additionally, a report for the City of Chula Vista detailing the results of the study will be completed. No subsurface testing, significance evaluation, or data recovery or significance evaluation will be conducted. Subsurface testing may be required under Caltrans guidelines if previously recorded sites are not relocated during survey due to poor visibility or other circumstances. In the event that cultural resources found on the project site cannot be avoided through project design or mitigation, testing may be required to fully evaluate significance. Under these circumstances, a revised scope and cost estimate will be prepared. If evaluation of cultural or historical resources is required a Historic Resource Evaluation Report (HRER) and/or Archaeological Resource Evaluation Report (ARER) meeting Caltrans standards will be prepared and appended to the HPSR. The Paleontological Resource Assessment will commence by conducting a paleontological records search in the Department of Paleontology at the San Diego Natural History Museum. The records search will identify all paleontological sites recorded within one mile of the project DocuSign Envelope ID: 4E465043-CC0B-4C55-A4F2-D00A07117208 Page 86 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda City of Chula Vista Amendment to Agreement No.: 2023-181 Consultant Name: MOFFATT AND NICHOL Rev. 1/24/2023 area. In addition to the records search, a review will be conducted of previous paleontological studies in the area. Field Survey: Upon completion of the paleontological records search and literature survey, a paleontological field survey will be conducted of the project area under the supervision of a qualified professional paleontologist. Special attention will be given to inspection of bedrock exposures and to relocating any previously recorded sites. Report Preparation: A Paleontological Identification Report (PIR) meeting Caltrans standards will be completed. In the event the PIR identifies on-site sensitive paleontological resources, a Paleontological Evaluation Report (PER) and a Paleontological Mitigation Report (PMP) meeting Caltrans standards will be prepared. Additionally, a report for the City of Chula Vista detailing the results of the study will be completed. No subsurface testing or data recovery or significance evaluation will be conducted as part of this proposal. 1.19.5 Initial Study Checklist The IS Checklist will be prepared in accordance with CEQA Guidelines. A draft Initial Study Checklist will be transmitted to City staff for their review. Comments received will be incorporated into the final environmental document. If there is substantial evidence that the proposed project may have a significant effect on the environment, then a draft EIR will be prepared. If it is determined that an EIR will be required then, the City will provide consultant with a different set of instructions and guidelines for initiating and preparing an EIR document. 1.19.6 Prepare Draft EA/IS We will prepare an EA/IS in conformance with the Caltrans document template dated March 2004. The EA/IS will satisfy CEQA and NEPA Guidelines. The Draft EA/IS will incorporate the findings of the technical studies described above, and will be submitted to the City and Caltrans for review. It is anticipated that three rounds of document review by City and Caltrans will be required. An additional set of revisions will be incorporated subsequent to FHWA review, for a total of four rounds of document review. It is anticipated that comments provided for each subsequent review will be focused and will not contradict comments previously provided and incorporated into the prior submittals. We will revise the Draft EA/IS per comments received from FHWA and prepare copies of theEA/IS for Caltrans submittal to FHWA for signature and approval to circulate the document for public review. 1.19.7 Environmental Checklist We will prepare the FHWA NEPA checklist to accompany the transmittal of the draft NEPA/CEQA document and the supporting technical studies for transmittal to the FHWA.Public Review EA/IS We will prepare a draft public distribution list per input from the City, Caltrans, and FHWA. The EA/IS shall be circulated for public review per the distribution list, once the list has been approved by the City, Caltrans, and FHWA. City staff will prepare and publish a Notice of Availability and Opportunity for public hearing. The draft Response to Comments shall be prepared for submittal to the City, and FHWA, via Caltrans. DocuSign Envelope ID: 4E465043-CC0B-4C55-A4F2-D00A07117208 Page 87 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda City of Chula Vista Amendment to Agreement No.: 2023-181 Consultant Name: MOFFATT AND NICHOL Rev. 1/24/2023 1.19.9 Respond to Comments We will coordinate the preparation of responses to comments received as a result of public distribution of the EA/IS. Each team member will prepare responses for its areas of responsibility. We will number individual comments and preliminarily assign team members to prepare responses based on areas of responsibility. The numbered comment letters and assignments will be distributed to the team members for concurrence with assignments. We will coordinate the preparation of responses with the City, and Caltrans within their respective areas of responsibility. We will assemble all responses into a comprehensive draft response to comments volume. We assume that no more than ten comment letters with no more than 100 total comments are received on the Draft EA/IS and that the comments do not raise issues that require additional field work, redesign, or recirculation of the draft EA/IS (note that each letter typically includes many comments). A draft version of the complete responses will be prepared for submittal to the City, Caltrans, and FHWA, via Caltrans. Revisions will be made subsequent to review by these entities. 1.19.10 Prepare Final EA/IS We will prepare a Final EA/IS, including revisions based on responses to comments received during the public review period, for submittal to the City, Caltrans, and FHWA (via Caltrans) for review. As part of the process for the Final EA/IS, we will file a Notice of Determination (NOD), and if desired by FHWA, prepare a Finding of No Significant Impact (FONSI) for the EA component of the Final EA/IS. We will provide the approved EA/IS to the City of Chula Vista. 1.19.11 Public Hearings and Meetings The environmental consultant’s Project Manager, as well as relevant technical staff, will be available for up to three public hearings or meetings. 1.19.12 Environmental Permits 1.19.12.1 ACOE Nationwide Permit (404) It is assumed that the project will qualify for a Nationwide Permit under the Army Corps of Engineers Nationwide Permit Program. Consultant shall prepare and submit the application package; containing an application for a 404 permit, cover letter, appropriate supporting documents, required graphics and pre-construction notification (PCN). 1.19.12.2 CDFG Streambed Alteration Agreement (1601) We will prepare and submit a Section 1601 Streambed Alteration Agreement request to the CDFG for project impacts to areas under CDFG jurisdiction. The package shall contain an application for the 1601 permit, cover letter, and appropriate supporting documents. 1.19.12.3 RWQCB Water Quality Certification (401) We will prepare and submit a 401 Water Quality Certification application to the RWQCB if a Section 404 ACOE permit is required. The package shall contain the application for 401 DocuSign Envelope ID: 4E465043-CC0B-4C55-A4F2-D00A07117208 Page 88 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda City of Chula Vista Amendment to Agreement No.: 2023-181 Consultant Name: MOFFATT AND NICHOL Rev. 1/24/2023 certification, cover letter and appropriate supporting documents. We assume the City of Chula Vista will be responsible for paying the application fee for the 401 Certification. 1.19.12.4 Permit Processing We will assist the City in applying for the relevant permits subject to the limitations of this scope of work. We will provide responses to reasonable requests from regulatory agencies that are within the scope of the overall investigations and meet with agency staff as requested to facilitate permit issuance. We will request draft permits, review draft conditions and advise the City as to the general implications of these conditions to the construction cost and schedule. We will generally assist the City to develop alternative designs that provide a similar level of resource protection, but are less restrictive to constructability. However, detailed changes to project impact footprints or design will require additional work, which are not included this scope. DELIVERABLE MATRIX TASK 1 - PRELIMINARY ENGINEERING TASK NO. DESCRIPTION NO. OF COPIES 1.7 Preliminary HEC/RAS Analysis (Hydraulic Study) 1 1.8 Preliminary Foundation Report 1 1.9 Traffic Assessment Report 2 + 2 1.10.4 Preliminary Cost Estimate 1 1.11.1 HEC/RAS Analysis (Hydraulic Study) 1 1.11.2 Bridge Advanced Planning Study 1 1.11.4 Visual Simulations Up to 3 Visual Simulations 1.13 Geotechnical Investigation 1 1.14 Bridge Type Selection Report 10 1.14 Final Type Selection Report 10 1.15.1 Hydraulic Evaluation 1 1.15 Final Hydrology Report 1 1.15.6 Bridge Scour Analysis 1 1.16 30% Design Submittal Plans 6-full size and 6-11x17 size 1.16 30% Preliminary Engineer's Estimate 1 1.17 Preliminary Water Quality Technical Study 1 1.18.1 Bridge Sufficiency Rating Analysis 1 1.18.2 Project Funding Analysis 1 1.18.3 Replacement vs. Rehabilitation Letter 1 1.19.1 Draft Environmental Studies (PES) 1 1.19.1 Final Environmental Studies (PES) 1 1.19.2 Area of Potential Effect (APE) Map 1 1.19.4.1 Visual Impact Assessment (VIA) Up to 4 Visual Simulations DocuSign Envelope ID: 4E465043-CC0B-4C55-A4F2-D00A07117208 Page 89 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda City of Chula Vista Amendment to Agreement No.: 2023-181 Consultant Name: MOFFATT AND NICHOL Rev. 1/24/2023 TASK NO. DESCRIPTION NO. OF COPIES 1.19.4.3 Natural Environmental Study (NES) 4 1.19.4.4 Noise Study & NADR 2 EA 1.19.4.5 Traffic Study 2 1.19.4.6 Water Quality Technical Report (WQTR) 3 1.19.4.6 Draft Storm Water Pollution Prevention Plan SWPPP) 3 1.19.4.6 Floodplain Evaluation Report 3 1.19.4.7 Draft Initial Site Assessment Report (ISA) 1 1.19.4.7 Final Initial Site Assessment Report (ISA) 2 1.19.4.8 Air Quality Assessment 3 1.19.4.9 Archaeological Survey Report (ASR) 3 1.19.4.9 Historic Properties Survey Report (HPSR) 3 1.19.4.9 Paleontological Identification Report (PIR) 3 1.19.5 Draft Initial Study Checklist 1 1.19.6 Draft EA/IS 60 total 15 sets/4 submittals (*) 1.19.6 EA/IS 4 (*) 1.19.7 FHWA NEPA Checklist 1 1.19.8 EA/IS Draft Public Distribution List Up to 40 copies (*), 10 CD's 1.19.9 Response to EA/EIR Public Comments 1 1.19.10 Final EA/IS 60 total 15 sets/4 submittals (*) 1.19.10 Notice of Determination (NOD), Finding of No Significant Impact (FONSI) for Final EA/IS 20 copies, master photo ready copy, CD 1.19.12.1 ACOE Nationwide Permit (404) 1 (*) 1.19.12.2 Section 1601 Streambed Alteration Agreement 1 (*) 1.19.12.3 401 Water Quality Certification Application 1 (*) Notes: (*) Technical Reports will be provided on CD Meeting, coordination & support "deliverables" not shown. 2.0 TASK 2 - Final Design Once we have approval of the type selection and environmental clearance, we can begin final design. This task includes the development of the construction documents - ready plans, specifications and estimate (PS&E). Specifications and details will be prepared in English units in a format compatible with Land Development Desktop 3/Civil 3D 2011 or above. We have assumed that all plan view layout sheets will be developed in accordance with City of Chula Vista CADD standards. Detail sheets will be completed in a uniform format consistent with industry standards but will not necessarily include specific line weight or layering conventions as defined by the City of Chula Vista. We will provide submittals at the 65%, 95% and 100% levels. DocuSign Envelope ID: 4E465043-CC0B-4C55-A4F2-D00A07117208 Page 90 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda City of Chula Vista Amendment to Agreement No.: 2023-181 Consultant Name: MOFFATT AND NICHOL Rev. 1/24/2023 2.1 Project Management and Administration (Applicable to Segments A & B) This task includes project management and administration during the final design as noted above. 2.2 Project Meetings (Applicable to Segments A & B) Up to eighteen Team meetings with the City of Chula Vista are assumed and budgeted during this task. These will be held at the City’s office approximately every month. The following table provides our assumption for meeting attendance: Meeting Description Consultant Team M& N DH A BR G LL G Chan g EMI Aguirr e KTU A SR A Team Meeting #1 X X X X X X Team Meeting #2 X Team Meeting #3 X Team Meeting #4 X X Team Meeting #5 X Team Meeting #6 X Team Meeting #7 X X Team Meeting #8 X Team Meeting #9 X 65% Design Review X X X X X X X X X 95% Design Review X X X X 100% Design Review X Totals: 12 1 5 2 1 1 3 3 2 2.3 Final Foundation Report (Applicable to Segment B) Prepare a report presenting our findings and our conclusions and recommendations regarding the geotechnical aspects of constructing the proposed bridge, retaining walls and roadway widening. Recommended foundation design criteria including bottom of footing elevations and bearing capacities or pile tip elevations and lateral pile capacities will be included. The report will be prepared in accordance with the Caltrans document entitled, “Foundation Report Preparation for Bridges,” dated December 2009. A Log of Test Borings sheet in Caltrans format (but transferred to a City title block) will also be provided. Recommended grading specifications, temporary slope criteria, liquefaction evaluation, groundwater conditions, seismic design criteria, retaining wall design criteria, excavation characteristics including any necessary over excavation and re- compaction areas or embankment surcharges, R-values of subgrade material and the structural section of each road segment using the latest traffic index will be included in the report. Once the draft report has been reviewed by the City of Chula Vista and the design team, comments will be addressed and a final version of the report will be submitted. 2.4 Bridge Design and Detailing (Applicable to Segment B only) This task includes the design and detailing of the bridge based on Caltrans manuals and procedures. We have assumed a three- span cast-in-placed, pre-stressed concrete, haunched box DocuSign Envelope ID: 4E465043-CC0B-4C55-A4F2-D00A07117208 Page 91 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda City of Chula Vista Amendment to Agreement No.: 2023-181 Consultant Name: MOFFATT AND NICHOL Rev. 1/24/2023 girder bridge in estimating our design scope. The bridge is assumed to include two stages with a closure pour near the center median. The design effort for other alternatives may require a revision to our scope and fee estimate. 2.4.1 Bridge Design Calculations Prepare the bridge design calculations based on AASHTO LRFD, Bridge Design Specifications, Fourth Edition with California Amendments (with revisions available on the Caltrans Publications web site). The design calculations and details will also follow the guidelines in the Caltrans Bridge Design Aids, Bridge Memo to Designers and Bridge Design Details (versions available on the Caltrans Publications web site as of January 2011). 2.4.2 Bridge Seismic Design Prepare seismic analysis and design in accordance with Caltrans SDC version 1.555, dated September 2009. 2.4.3 Unchecked Bridge Plans Prepare “unchecked” bridge plans. Bridge plans are assumed to include the following sheets: Sheet # Sheet Name 1 General Plan 2 General Notes 3 Deck Contours 4 Foundation Plan 5 Abutment 1 Layout 6 Abutment 2 Layout 7 Abutment Details No. 1 8 Abutment Details No. 2 9 Bent Details No. 1 10 Bent Details No. 2 11 Bent Details No. 3 12 Typical Section 13 Superstructure Geometry 14 Girder Layout No. 1 15 Girder Layout No. 2 16 Girder Details No. 1 17 Girder Details No. 2 18 Miscellaneous Details No. 1 19 Miscellaneous Details No. 2 20 Architectural Details 21 Structure Approach Details 22 Structure Approach Drainage Details 23 Joint Seal Details 24 Log of Test Borings No. 1 25 Log of Test Borings No. 2 DocuSign Envelope ID: 4E465043-CC0B-4C55-A4F2-D00A07117208 Page 92 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda City of Chula Vista Amendment to Agreement No.: 2023-181 Consultant Name: MOFFATT AND NICHOL Rev. 1/24/2023 26 Log of Test Borings No. 3 (As-built log of test borings) 2.5 Bridge Architectural Details (Applicable to Segment B only) For the purpose of estimating the effort in this task, it has been assumed that a three-span haunched girder bridge will be designed, and that only basic aesthetic details will be developed. These basic details will be limited to shaping of the girder and piers, standard form-liner textures and concrete stain. The project architect will provide general guidance and minimal conceptual sketches only. Custom aesthetic details such as shaping of the abutments, design of special abutment landings, design of pier overlooks or “belvederes”, design of custom barriers, railings, lighting and other special details may be appropriate, but have not been included in the base scope. 2.6 Not used. 2.7 Roadway Improvements (Applicable to Segments A & B) Roadway improvement plans will include pavement sections and other above ground appurtenances. The anticipate sheet list is as follows: Sheet # Sheet Name 1 Details 2.8 Not used. 2.9 Signing and Striping Plans (Applicable to Segments A & B only) The signing and striping plan sheets will be prepared. The anticipate sheet list is as follows: Sheet # Sheet Name 1 Signing and Striping Plan 2 Signing and Striping Details 2.10 Not used. 2.11 Landscaping Plans This task includes the preparation of the landscaping plans. It is assumed that the landscaping will include hydroseeding of the new embankment slopes and revegetation of the disturbed areas within the river with native species. Only native trees, shrubs and ground covers will be used. Existing native plant materials will be preserved and protected and invasive non-native species will be removed when feasible. A survey of existing trees and shrubs will be prepared to include location, type, size and general health. This information will be evaluated and incorporated into the final design as appropriate. Since only native species will be used, no irrigation will be required. The special provisions will provide for a plant establishment period. DocuSign Envelope ID: 4E465043-CC0B-4C55-A4F2-D00A07117208 Page 93 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda City of Chula Vista Amendment to Agreement No.: 2023-181 Consultant Name: MOFFATT AND NICHOL Rev. 1/24/2023 2.11.1 Field Work Visit the project site to identify site-specific issues, photograph the site, and take a soil sample for horticultural analysis. Identify the general locations of plant materials, and identify any special treatments to meet mitigation requirements. 2.11.2 Final Landscape Plans Prepare final construction documents for the planting and erosion control. The planting plans will identify the species and location of all proposed plant materials. A plant material legend will include the botanical and common names, quantities, container size and minimum height and spread of the plants at the time of installation. The locations and areas to be hydroseeded will be identified and the type of hydroseed mixes to be used will be specified. A preliminary sheet list includes the following: Sheet # Sheet Name 1 Site Plan No. 1 2 Site Plan No. 2 3 Planting Plan No. 1 4 Planting Plan No. 2 5 Landscape Legend 6 Landscape Details 2.12 Not used. 2.13 Not used. 2.14 Traffic Signal Modifications (Applicable to Segment B only) Traffic signal modification design plans (if required) will be prepared for the three traffic signals along Heritage Road including Main Street and Entertainment Circle South and North. The anticipate sheet list is as follows: Sheet # Sheet Name 1 Signal Plan 2.15 Street and Bridge Lighting Plans (Applicable to Segments A & B only) Lighting plans will be prepared for the street and bridge lighting along Heritage Road between Main Street and Entertainment Circle and on Main Street from the west confirm point easterly to the new Heritage intersection. City standard luminaires will be used along the street and if desired, architectural luminaires will be used on the bridge. The bridge luminaires will be a standard design that is selected from a lighting catalog. The anticipated sheet list is as follows: Sheet # Sheet Name 1 Lighting Plan 2 Lighting Details No 1 3 Lighting Details No 2 DocuSign Envelope ID: 4E465043-CC0B-4C55-A4F2-D00A07117208 Page 94 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda City of Chula Vista Amendment to Agreement No.: 2023-181 Consultant Name: MOFFATT AND NICHOL Rev. 1/24/2023 2.16 Final Design Surveys (Applicable to Segments A & B only) Fifty (50) foot cross sections will be obtained along Heritage Road between Main Street and Entertainment Circle. Fifty (50) foot cross sections will also be obtained along Main Street from 100 feet west of Heritage Road to approximately 300 feet east of Heritage Road. Cross sections of the abutment slopes will also be obtained. Existing driveways along Heritage Road between Main Street and Entertainment Circle will also be profiled. The driveway profiles will extend into the existing parking lots to determine the existing drainage patterns. The east and west edges of the existing bridge deck will be surveyed at the joints and approximately every 25 feet. Potholing of existing utilities that may be in conflict or where proposed connections are anticipated will be performed. A maximum of 8 potholes have been budgeted. 2.17 QA/QC (65%, 95% and 100%) (Applicable to Segments A & B only) An in-house QA/QC review will be performed by the Project Manager and/or the Principal-in- Charge for each design submittal, including subconsultants’ work, to assure a high-quality and complete design package. We will also perform a detailed plan review and independent review of the bridge plans as described in Task 2.22. 2.18 65% Design Submittal (Applicable to Segments A & B only) The 65% Design Submittal will include completed but “unchecked” bridge plans, civil, roadway plans, traffic, landscape, and lighting plans developed to a 65% design level of completion. The submittal will also include a outline of the technical specifications and a preliminary list of bid items as prepared in Tasks 2.23 and 2.24. The submittal will be made to the City of Chula Vista. 2.19 Review and Respond to 65% Comments (Applicable to Segments A & B only) Our team will review and respond to comments received from the City Chula Vista and Caltrans. We will also review and respond to comments received from the effected utility companies. Our response will be in written form. 2.20 Bridge Independent Review (Applicable to Segment B only) Since this project is not within Caltrans right-of-way, an independent check of the bridge design including complete structural calculations is not required. Thus, for this task we have budgeted for an independent plan review by a senior bridge engineer who was not involved with the initial design. The design review will focus on the capacity of main load carrying members and a detailed review of plans utilizing a similar bridge for comparison. A set of marked up plans and comments regarding any substantial issues found with the 65% design will be provided. The review comments will be resolved with the designer and revisions incorporated in the 95% submittal. 2.21 Technical Specifications (Applicable to Segments A & B only) DocuSign Envelope ID: 4E465043-CC0B-4C55-A4F2-D00A07117208 Page 95 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda City of Chula Vista Amendment to Agreement No.: 2023-181 Consultant Name: MOFFATT AND NICHOL Rev. 1/24/2023 Technical specifications for the bridge items will follow the Caltrans Standard Specifications and Standard Special Provisions (SSP’s). The technical specifications for the roadway, landscape and lighting items will be developed using the Standard Specifications for Public Works Construction (Greenbook). An outline of the technical specifications (index of SSP’s) will be provided at the 65% submittal. Technical specifications will be prepared for the 95% submittal and updated for the 100% submittal. The City of Chula Vista will merge the technical specifications into their boilerplate and prepare the final bid documents. 2.22 Quantities, Estimate and Bid Item List (65%, 95% & 100%) (Applicable to Segments A & B only) A preliminary list of bid items will be provided at the 65% submittal. For the 95% submittal, quantities will be calculated and independently checked for each major item of work in accordance with the procedures in Section 11 of the Caltrans Bridge Design Aids. Items typically bid on a lump-sum basis (landscaping, lighting, traffic control, bridge removal and prestressing) will be quantified by individual component. Once the quantities have been resolved, a unit price will be applied based on the current Caltrans Cost Data, local and site specific conditions and engineering judgment. The resulting estimate will be factored up to include mobilization, contingency and inflation factors (as appropriate). For the 100% submittal, the quantity calculations and cost estimate will be updated and a final bid item list will be provided for the City’s use in the bid documents. 2.23 95% PS&E Submittal (Applicable to Segments A & B only) We will respond to the comments made at the 65% submittal and advance the plans and specifications to a 95% level of completion. The 95% PS&E submittal will include all plan sheets in a completed format, special provisions and the engineer’s estimate as performed in Tasks 2.23 and 2.24. We will also provide hydraulic calculations, scour calculations, and bridge design calculations. The submittal will be made to the City. 2.24 Review and Respond to 95% Comments (Applicable to Segments A & B only) We will review and respond to comments received from the City of Chula Vista and Caltrans. We will also review and respond to comments received from the effected utility companies. Our response will be in written form. 2.25 100% PS&E Submittal (Applicable to Segments A & B only) The 100% PS&E submittal will include bid ready plans, specifications and engineer’s estimate based on comments received from the 95% submittal. The submittal will be made to the City of Chula Vista. Upon approval of the 100% submittal, final deliverable will include a CD with the project design file(s) along with one set of signed and stamped 24" x 36" mylars. A resident engineer’s (RE) pending file with copies of the quantity summary sheets, bridge 4- scale plots and other data to be transferred from design to construction will be provided as part of the bid and construction support in Task 3. DocuSign Envelope ID: 4E465043-CC0B-4C55-A4F2-D00A07117208 Page 96 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda City of Chula Vista Amendment to Agreement No.: 2023-181 Consultant Name: MOFFATT AND NICHOL Rev. 1/24/2023 DELIVERABLE MATRIX TASK 2 - PRELIMINARY ENGINEERING TASK NO. DESCRIPTION NO. OF COPIES 2.3 Final Foundation Report 1 2.4.1 Bridge Design Calculations 1 2.4.3 Unchecked Bridge Plans 1 2.13 Not used. 1 2.18 65% (Unchecked) Plans 1 pdf 2.18 65% Technical Specifications Outline 1 2.19 65% Response to Comments 1 2.21 95% Technical Specifications 1 2.22 95% Engineer's Estimate (Quantity & Cost) 1 2.23 95% Plans 1 pdf 2.23 Hydraulic and Scour Calculations 1 2.23 Bridge Design Calculations 1 2.23 Bridge Independent Review Comments 1 2.24 95% Response to Comments 1 2.25 100% Plans 1 pdf 2.25 100% Technical Specifications 1 2.25 100% Engineer's Estimate (Quantity & Cost) 1 2.25 Final Plans One set of signed and stamped 24"x36" Mylars 2.25 Final Submittal - Project Design Files CD Note: Meeting, coordination & support "deliverables" not shown. 3.0 TASK 3 - Bidding and Construction Support (Applicable to Segments A & B only) Provide construction engineering services and administration duties throughout project construction. These services generally include monthly meetings, bid support, construction change orders as well as the following: Attend pre-bid meeting Respond to bidder RFI's Assist City with review of bids Attend pre-con meeting Respond to contractor RFI's Attend 16 site visits Complete as-built plans from red-lines provided by RE DocuSign Envelope ID: 4E465043-CC0B-4C55-A4F2-D00A07117208 Page 97 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda City of Chula Vista Amendment to Agreement No.: 2023-181 Consultant Name: MOFFATT AND NICHOL Rev. 1/24/2023 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin August 8, 2023 and end on December 30, 2027 for completion of all Required Services. 4. Compensation: A. Form of Compensation Not to Exceed Time and Materials. For performance of the Required Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Required Services, at the rates or amounts as set forth in Exhibit B “Cost Proposal” according to the following terms and conditions: Consultant agrees that Consultant will perform all Tasks set forth in the Required Services herein required of Consultant for the following total amount: Task 1 (Preliminary Engineering) $ 1,982,310.04 Task 2 (Final Design) $ 1,973,487.00 Task 3 (Construction Support) $ 365,758.00 Total Contract Amount $ 4,321,555.04 The amounts identified for Tasks 1, 2, and 3 include all materials, reimbursables, and other costs required to complete the Required Services. The amounts identified for Tasks 1, 2, and 3 include both payments already made to Consultant prior to entering into this Fifth Amendment and the Amendment increase. To date, payments to Consultant under this Agreement total 3,934,869.18, leaving a total contract amount balance of $386,685.86 (“Maximum Compensation Amount”). The Hourly Rates identified in Exhibit B are supported by the figures and calculations in Exhibit C – “Fee Schedule”. The above-referenced Hourly Rates include both Actual Costs and the Fixed-Fee. B. Reimbursement for “Other Direct Costs” (ODC). 1) Equipment Costs The Consultant shall not be reimbursed for the purchase of any equipment that has not Been authorized by the City. 2) Other Direct Costs for Travel (Airfare and Rental Vehicle) The Consultant shall be reimbursed for these ODC Items at actual costs supported by invoices and receipts. Reimbursement for airfare shall be for Economy Class or equivalent only. 3) Other Direct Costs for Printing (Miscellaneous and Outside Reproduction), Courier Services, Reproduction Supplies, and Potholing DocuSign Envelope ID: 4E465043-CC0B-4C55-A4F2-D00A07117208 Page 98 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda City of Chula Vista Amendment to Agreement No.: 2023-181 Consultant Name: MOFFATT AND NICHOL Rev. 1/24/2023 The Consultant shall be reimbursed for these ODC Items at actual costs supported by outside vender invoices and receipts. 4) Other Direct Costs for Printing (Documents and Mylar, Color, Vellum and Bond Plots) The Consultant shall be reimbursed for these ODC Items at actual costs supported by outside vender invoices and receipts. In-House Printing/Reproduction costs shall not be reimbursed as direct costs. 5) Other Direct Costs for Travel (Per-Diem-lodging, per Diem-meals, & incidentals, Internet and Mileage) The Consultant and/or subconsultants shall not be reimbursed for ODC for the above Travel items. All subconsultants with contracts in excess $25,000 shall contain the above provisions. Notwithstanding any of the foregoing, the maximum amount to be paid to Consultant performed during the term of this Amendment shall not exceed the Maximum Compensation Amount. Consultant shall not perform any additional work without written authorization and approval by the City. 5. Special Provisions: Permitted Sub-Contractor/Service Providers: Aguirre & Associates Dewberry | Drake Haglan Earth Mechanics, Inc. KTU+A Linscott, Law & Greenspan Engineers Safdie Rabines Architects Avila and Associates River Focus Inc. DocuSign Envelope ID: 4E465043-CC0B-4C55-A4F2-D00A07117208 Page 99 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Exhibit A Amendment No. 5 - Fee Contract No. 2011-221 (Amendments 2012-218, 2016-215, 2020-006, 2021-134) STM386 - Heritage Road Bridge Replacement Project Task Budget Task Consultant Description Current Fee Remaining Cost to Complete Revised Change 01 Moffatt & Nichol Project Management $244,831 $18,567 $18,567 $244,831 $0 02 Moffatt & Nichol Civil $137,285 $3,334 $3,334 $137,285 $0 03 Moffatt & Nichol Bridge $934,901 $33,836 $52,166 $953,231 $18,330 XX-01 BRG Consulting, Inc.Environmental $69,570 $0 $0 $69,570 $0 XX-02 Aguirre Survey $57,563 $14,586 $14,586 $57,563 $0 XX-03 Chang Consultants Hydrology, Hydraulics, & Scour $0 $0 $0 $0 $0 XX-04 EMI (Earth Mechanics, Inc.)Geotechnical Investigation $233,706 $3,449 $3,449 $233,706 $0 XX-05 LLG (Linscott, Law & Greenspan)Traffic Analysis $75,449 $1,100 $8,880 $83,229 $7,780 XX-06 Safdie Rabines Architects Aesthetics $68,328 $5,339 $16,339 $79,328 $11,000 XX-07 KTU+A Landscape $61,082 $0 $28,670 $89,752 $28,670 XX-08 Drake Haglan & Associates Funding & Bridge Review $111,373 $5,459 $5,459 $111,373 $0 XX-09 Avila & Associates Hydrology, Hydraulics, & Scour $37,263 $1,281 $1,281 $37,263 $0 XY Moffatt & Nichol Expenses $5,758 $1,281 $1,281 $5,758 $0 Phase 2 - Final Design - Totals $2,037,109 $88,232 $154,013 $2,102,889 $65,780 through invoice for 6/2023 Task Budget Task Consultant Description Current Fee Remaining Cost to Complete Revised Change 03 Moffatt & Nichol Bridge $0 $0 $138,590 $138,590 $138,590 XX-04 EMI (Earth Mechanics, Inc.)Geotechnical $0 $0 $31,828 $31,828 $31,828 XX-05 LLG (Linscott, Law & Greenspan)Traffic $0 $0 $27,447 $27,447 $27,447 XX-06 Safdie Rabines Architects Aesthetics $0 $0 $18,337 $18,337 $18,337 XX-07 KTU+A Landscape $0 $0 $15,973 $15,973 $15,973 XY Moffatt & Nichol Expenses $0 $0 $500 $500 $500 Phase 3 - Bidding & Construction Support - Totals $0 $0 $232,674 $232,674 $232,674 through invoice for 6/2023 Phase 1 - Preliminary Eng.$0 Phase 2 - Final Design $65,780 Phase 3 - Construction Support $232,674 Total $298,454 July 18, 2023 AMENDMENT No. 5 - Fee PHASE 2 - FINAL DESIGN PHASE 3 - BIDDING & CONSTRUCTION SUPPORT 7/18/2023 Page 1 of 1 AMENDMENT No. 5 - FEE DocuSign Envelope ID: 4E465043-CC0B-4C55-A4F2-D00A07117208 Page 100 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda STM386 - Heritage Road Bridge Replacement Project Amendment No. 5 Exhibit B Contract No. 2011-221 (Amendments 2012-218, 2016-215, 2020-006, 2021-134) Discipline PM Civil Bridge Expenses Environmental Survey Hydraulics Geotechnical Traffic Aesthetics Landscape Bridge Review Hydraulics Original Contract Value 71,812$ 276,483$ 336,640$ 13,358$ 10,087$ 15,345$ 1,816$ 27,670$ 18,522$ 5,912$ 16,604$ 53,564$ 847,813$ Amendment No. 1 - 11/2012 23,014$ 163,162$ 9,020$ 36,516$ 19,288$ 251,000$ Amendment No. 2 - 11/2016 96,795$ 104,685$ 44,610$ 1,233$ 6,476$ 32,167$ 3,442$ 17,935$ 8,964$ 11,638$ 6,516$ 334,461$ Sub consultant Substitution - 2/2018 (25,040)$ 25,040$ -$ Purchase Order Adjustment - 6/2018 (300,000)$ (300,000)$ Budget Reassignment - 8/2019 (62,350)$ 154,603$ 92,253$ Amendment No. 3 - 2/2020 313,130$ 38,991$ 31,707$ 32,840$ 51,293$ 92,223$ 560,184$ Budget Reassignment - 12/2020 (48,000)$ 48,000$ -$ Budget Reassignment - 3/2021 10,000$ 10,933$ (16,000)$ (8,943)$ (4,010)$ Budget Reassignment - 7/2021 69,542$ (11,320)$ 9,000$ 1,000$ 68,222$ Amendment No. 4 - 6/2021 18,911$ 44,929$ 11,320$ 8,360$ 11,795$ 95,315$ Budget Reassignment - 5/2022 (5,000)$ 32,214$ 54,492$ (10,000)$ 11,344$ 8,950$ (80,000)$ Budget Reassignment - 1/2023 4,299$ 3,305$ 15,370$ 47,671$ 9,226$ 79,871$ Budget Reassignment - 7/2023 25,000$ 19,533$ (620)$ (43,913)$ 0$ Current Contract Totals 244,831$ 137,285$ 934,901$ 5,758$ 69,570$ 57,563$ -$ 233,706$ 75,449$ 68,328$ 61,082$ 111,373$ 37,263$ 2,037,109$ Amendment No. 5 - Totals -$ 18,330$ 7,780$ 11,000$ 28,670$ 65,780$ Revised Contract Totals 244,831$ 137,285$ 953,231$ 5,758$ 69,570$ 57,563$ -$ 233,706$ 83,229$ 79,328$ 89,752$ 111,373$ 37,263$ 2,102,889$ Original Contract Value 62,302$ 2,000$ 64,302$ Amendment No. 1 - 11/2012 29,951$ 29,951$ Budget Reassignment - 8/2019 (62,302)$ (29,951)$ (92,253)$ Amendment No. 3 - 2/2020 72,542$ 31,264$ 27,278$ 131,084$ Budget Reassignment - 7/2021 (72,542)$ (9,000)$ (81,542)$ Amendment No. 4 - 6/2021 40,000$ 40,000$ Budget Reassignment - 5/2022 (12,000)$ (12,000)$ Budget Reassignment - 1/2023 (40,000)$ (2,000)$ (10,264)$ (27,278)$ (79,542)$ Current Contract Totals -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Amendment No. 5 - Totals 138,590$ 500$ 31,828$ 27,447$ 18,337$ 15,973$ 232,674$ Revised Contract Totals -$ -$ 138,590$ 500$ -$ -$ -$ 31,828$ 27,447$ 18,337$ 15,973$ -$ -$ 232,674$ PHASE 2 - FINAL DESIGN PHASE 3 - BIDDING & CONSTRUCTION SUPPORT TOTAL TASK COSTSMoffatt & Nichol Moffatt & NicholFirm Moffatt & Nichol Moffatt & Nichol BRG Consulting Inc. Aguirre & Assoc. Chang Consultants Earth Mechanics, Inc. Detailed Summary Linscott, Law & Greenspan Engineers Safdie Rabines Architects KTU+A Contract Revisions Drake Haglan & Assoc Avila & Associates 7/18/2023 Page 1 of 12 AMENDMENT No. 5 - SUMMARY DocuSign Envelope ID: 4E465043-CC0B-4C55-A4F2-D00A07117208 Page 101 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda STM386 - Heritage Road Bridge Replacement Project Amendment No. 5 Exhibit B Contract No. 2011-221 (Amendments 2012-218, 2016-215, 2020-006, 2021-134) Discipline Bridge Traffic Aesthetics Landscape Firm No.DESCRIPTION 2.1 Project Management and Administration -$ 2.2 Project Meetings -$ 2.3 Final Foundation Report -$ 2.4A Preliminary Bridge Design -$ 2.4B Bridge Design and Detailing -$ 2.5 Bridge Architectural Details -$ 2.6 Storm Drain & Grading Plans -$ 2.7 Roadway Improvements & Retaining Wall Plans -$ 2.8 Traffic Control Plans 44 44 7,780$ 2.9 Signing and Striping Plans -$ 2.10 Utility Coordination Plans -$ 2.11 Landscaping Plans 93 93 13,067$ 2.12 Erosion control / Construction Phase BMP's 118 118 15,603$ 2.13A Permanent BMP's (Deleted)-$ 2.13B Drainage Study -$ 2.14 Traffic Signal Modifications -$ 2.15 Street and Bridge Lighting Plans -$ 2.16 Final Design Surveys -$ 2.17 QA/QC -$ 2.18 65% PS&E Submittal -$ 2.19 Review and Respond to 65% Comments -$ 2.20 Bridge Independent Review -$ 2.21 Technical Specifications -$ 2.22 Quantities, Estimate, and Bid List -$ 2.23 95% PS&E Submittal -$ 2.24 Review and Respond to 95% Comments -$ 2.25 100% PS&E Submittal 104 68 172 29,330$ 2.26 LOMR/CLOMR -$ 2.27 Final Bridge Hydraulics TOTAL HOURS 104 44 68 211 427 65,780$ Subtotal Costs 18,330$ 7,780$ 11,000$ 28,670$ =65,780$ Subtotal Direct Costs -$ -$ -$ -$ =-$ Total Costs 18,330$ 7,780$ 11,000$ 28,670$ =65,780$ PHASE 2 - Final Design TASK TASK HOURS TASK COST DETAILED SUMMARY KTU&A Linscott, Law & Greenspan Engineers Moffatt & Nichol Safdie Rabines Architects 7/18/2023 Page 2 of 12 PHASE 2-SUMMARY DocuSign Envelope ID: 4E465043-CC0B-4C55-A4F2-D00A07117208 Page 102 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda STM386 - Heritage Road Bridge Replacement Project Amendment No. 5 Exhibit B Discipline Bridge Geotechnical Traffic Aesthetics Landscape Firm No.DESCRIPTION 3.1 Construction Support 620 256 140 100 123 1239 231,374$ TOTAL HOURS 620 256 140 100 123 1239 231,374$ Subtotal Costs 138,590$ 31,628$ 27,247$ 18,137$ 15,773$ =231,374$ Subtotal Direct Costs 500$ 200$ 200$ 200$ 200$ =1,300$ Total Costs 139,090$ 31,828$ 27,447$ 18,337$ 15,973$ =232,674$ PHASE 3 - Bidding & Construction Support TASK TASK HOURS TASK COST Moffatt & Nichol Earth Mechanics, Inc. Linscott, Law & Greenspan Engineers DETAILED SUMMARY Safdie Rabines Architects KTU&A 7/18/2023 Page 3 of 12 PHASE 3-SUMMARY DocuSign Envelope ID: 4E465043-CC0B-4C55-A4F2-D00A07117208 Page 103 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda STM386 - Heritage Road Bridge Replacement Project Amendment No. 5 Exhibit B Contract No. 2011-221 (Amendments 2012-218, 2016-215, 2020-006, 2021-134) CLASSIFICATION Project Manager Lead Bridge Engineer Senior Engineer Engineer III Engineer II Senior Tech/CADD Tech II CADD Tech I Clerical Designer No.DESCRIPTION Perry Schacht Jared Cole Patrick Chang 2.1 Project Management and Administration -$ 2.2 Project Meetings -$ 2.3 Final Foundation Report -$ 2.4A Preliminary Bridge Design -$ 2.4B Bridge Design and Detailing -$ 2.5 Bridge Architectural Details -$ 2.6 Storm Drain & Grading Plans -$ 2.7 Roadway Improvements & Retaining Wall Plans -$ 2.8 Traffic Control Plans -$ 2.9 Signing and Striping Plans -$ 2.10 Utility Coordination Plans -$ 2.11 Landscaping Plans -$ 2.12 Erosion control / Construction Phase BMP's -$ 2.13A Permanent BMP's (Deleted)-$ 2.13B Drainage Study -$ 2.14 Traffic Signal Modifications -$ 2.15 Street and Bridge Lighting Plans -$ 2.16 Final Design Surveys -$ 2.17 QA/QC -$ 2.18 65% PS&E Submittal -$ 2.19 Review and Respond to 65% Comments -$ 2.20 Bridge Independent Review -$ 2.21 Technical Specifications -$ 2.22 Quantities, Estimate, and Bid List -$ 2.23 95% PS&E Submittal -$ 2.24 Review and Respond to 95% Comments -$ 2.25 100% PS&E Submittal 8 32 40 24 104 18,330$ 2.26 LOMR/CLOMR -$ 2.27 Final Bridge Hydraulics -$ TOTAL HOURS 8 32 40 24 104 18,330$ Loaded Hourly Rate 300.87$ 259.03$ 225.20$ 213.63$ 183.37$ 183.37$ 142.42$ 106.82$ 96.13$ Subtotal Labor Costs -$ -$ -$ 1,709$ 5,868$ 7,335$ 3,418$ -$ -$ =18,330$ Travel $0 Reproduction $0 Delivery $0 Total $0 18,330$ Direct Costs Subtotal Moffatt & Nichol - Bridge Engineering PHASE 2 - Final Design Direct Costs TASK TASK HOURS TASK COST 7/18/2023 Page 4 of 12 TASK2.3-BR DocuSign Envelope ID: 4E465043-CC0B-4C55-A4F2-D00A07117208 Page 104 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda STM386 - Heritage Road Bridge Replacement Project Amendment No. 5 Exhibit B CLASSIFICATION Principal Associate Traffic Engineer Traffic Planner Sr. CADD Word Processor Transportation Principal III II No.DESCRIPTION Engineer (Shankar)(Carr) 2.1 Project Management and Administration -$ 2.2 Project Meetings -$ 2.3 Final Foundation Report -$ 2.4A Preliminary Bridge Design -$ 2.4B Bridge Design and Detailing -$ 2.5 Bridge Architectural Details -$ 2.6 Storm Drain & Grading Plans -$ 2.7 Roadway Improvements & Retaining Wall Plans -$ 2.8 Traffic Control Plans 4 16 24 44 7,780$ 2.9 Signing and Striping Plans -$ 2.10 Utility Coordination Plans -$ 2.11 Landscaping Plans -$ 2.12 Erosion control / Construction Phase BMP's -$ 2.13A Permanent BMP's (Deleted)-$ 2.13B Drainage Study -$ 2.14 Traffic Signal Modifications -$ 2.15 Street and Bridge Lighting Plans -$ 2.16 Final Design Surveys -$ 2.17 QA/QC -$ 2.18 65% PS&E Submittal -$ 2.19 Review and Respond to 65% Comments -$ 2.20 Bridge Independent Review -$ 2.21 Technical Specifications -$ 2.22 Quantities, Estimate, and Bid List -$ 2.23 95% PS&E Submittal -$ 2.24 Review and Respond to 95% Comments -$ 2.25 100% PS&E Submittal -$ 2.26 LOMR/CLOMR -$ 2.27 Final Bridge Hydraulics -$ TOTAL HOURS 4 16 24 44 7,780$ Loaded Hourly Rate 431.73$ 340.36$ 174.23$ 150.86$ 136.07$ 113.45$ Subtotal Labor Costs 1,727$ -$ 2,788$ -$ 3,266$ -$ -$ -$ -$ =7,781$ Travel $0 Reproduction $0 Delivery $0 Total $0 Subtotal 7,781$ PHASE 2 - Final Design Linscott, Law & Greenspan - Traffic Engineering TASK TASK HOURS TASK COST Direct Costs Direct Costs 7/18/2023 Page 5 of 12 TASK2.X-TRAF DocuSign Envelope ID: 4E465043-CC0B-4C55-A4F2-D00A07117208 Page 105 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda STM386 - Heritage Road Bridge Replacement Project Amendment No. 5 Exhibit B CLASSIFICATION Senior Principal Prinicipal Project Manager Job Captain Designer No.DESCRIPTION 2.1 Project Management and Administration -$ 2.2 Project Meetings -$ 2.3 Final Foundation Report -$ 2.4A Preliminary Bridge Design -$ 2.4B Bridge Design and Detailing -$ 2.5 Bridge Architectural Details -$ 2.6 Storm Drain & Grading Plans -$ 2.7 Roadway Improvements & Retaining Wall Plans -$ 2.8 Traffic Control Plans -$ 2.9 Signing and Striping Plans -$ 2.10 Utility Coordination Plans -$ 2.11 Landscaping Plans -$ 2.12 Erosion control / Construction Phase BMP's -$ 2.13A Permanent BMP's (Deleted)-$ 2.13B Drainage Study -$ 2.14 Traffic Signal Modifications -$ 2.15 Street and Bridge Lighting Plans -$ 2.16 Final Design Surveys -$ 2.17 QA/QC -$ 2.18 65% PS&E Submittal -$ 2.19 Review and Respond to 65% Comments -$ 2.20 Bridge Independent Review -$ 2.21 Technical Specifications -$ 2.22 Quantities, Estimate, and Bid List -$ 2.23 95% PS&E Submittal -$ 2.24 Review and Respond to 95% Comments -$ 2.25 100% PS&E Submittal 4 4 12 48 68 11,000$ 2.26 LOMR/CLOMR -$ 2.27 Final Bridge Hydraulics -$ TOTAL HOURS 4 4 12 48 68 11,000$ Sub consultant - Merkel Loaded Hourly Rate 419.50$ 309.10$ 184.00$ 122.46$ 67.97$ Subtotal Labor Costs 1,678$ 1,236$ 2,208$ 5,878$ -$ -$ -$ -$ -$ =11,000$ Rates assume work performed in 2023 =-$ Travel $0 Reproduction $0 Delivery $0 Total $0 11,000$ Direct Costs Subtotal Safdie Rabines Architects - Architecture PHASE 2 - Final Design TASK Direct Costs TASK HOURS TASK COST 7/18/2023 Page 6 of 12 TASK2.X-ARCH DocuSign Envelope ID: 4E465043-CC0B-4C55-A4F2-D00A07117208 Page 106 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda STM386 - Heritage Road Bridge Replacement Project Amendment No. 5 Exhibit B CLASSIFICATION Principal Landscape Project Manager Landscape Architect Irrigation Design Landscpape Deisgner Architect Sr. Assoc Assoc. No.DESCRIPTION 2.1 Project Management and Administration -$ 2.2 Project Meetings -$ 2.3 Final Foundation Report -$ 2.4A Preliminary Bridge Design -$ 2.4B Bridge Design and Detailing -$ 2.5 Bridge Architectural Details -$ 2.6 Storm Drain & Grading Plans -$ 2.7 Roadway Improvements & Retaining Wall Plans -$ 2.8 Traffic Control Plans -$ 2.9 Signing and Striping Plans -$ 2.10 Utility Coordination Plans -$ 2.11 Landscaping Plans 8 16 32 37 93 13,067$ 2.12 Erosion control / Construction Phase BMP's 8 16 35 41 18 118 15,603$ 2.13A Permanent BMP's (Deleted)-$ 2.13B Drainage Study -$ 2.14 Traffic Signal Modifications -$ 2.15 Street and Bridge Lighting Plans -$ 2.16 Final Design Surveys -$ 2.17 QA/QC -$ 2.18 65% PS&E Submittal -$ 2.19 Review and Respond to 65% Comments -$ 2.20 Bridge Independent Review -$ 2.21 Technical Specifications -$ 2.22 Quantities, Estimate, and Bid List -$ 2.23 95% PS&E Submittal -$ 2.24 Review and Respond to 95% Comments -$ 2.25 100% PS&E Submittal -$ 2.26 LOMR/CLOMR -$ 2.27 Final Bridge Hydraulics -$ TOTAL HOURS 16 32 67 78 18 211 28,670$ Loaded Hourly Rate 209.95$ 147.19$ 101.19$ 156.60$ 89.22$ Subtotal Labor Costs 3,359$ 4,710$ 6,780$ 12,215$ 1,606$ -$ -$ -$ -$ =28,670$ Travel $0 Reproduction $0 Delivery $0 Total $0 28,670$ Direct Costs Subtotal KTU+A- Landscape PHASE 2 - Final Design TASK TASK HOURS TASK COST Direct Costs 7/18/2023 Page 7 of 12 TASK2.X-LS DocuSign Envelope ID: 4E465043-CC0B-4C55-A4F2-D00A07117208 Page 107 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda STM386 - Heritage Road Bridge Replacement Project Amendment No. 5 Exhibit B CLASSIFICATION Project Manager Lead Bridge Engineer Senior Engineer Engineer III Engineer II Senior Tech/CADD Tech II CADD Tech I Clerical Designer No.DESCRIPTION Perry Schacht Jared Cole Patrick Chang 3.1 Construction Support 120 160 120 120 40 60 620 138,590$ TOTAL HOURS 120 160 120 120 40 60 620 138,590$ Loaded Hourly Rate 319.19$ 274.80$ 238.92$ 226.64$ 194.53$ 194.53$ 151.09$ 113.32$ 101.99$ Subtotal Labor Costs -$ 32,976$ 38,227$ 27,197$ 23,344$ 7,781$ 9,065$ -$ -$ =138,590$ 500$ Travel $500 Assumptions: Reproduction $0 Construction start mid 2024 Delivery $0 Construction duration of 30 months Total $500 Rates assumed midpoint of construction at mid 2025 139,090$ Direct Costs Subtotal Moffatt & Nichol - Bridge Engineering PHASE 3 - Bidding & Construction Support TASK TASK HOURS TASK COST Direct Costs 7/18/2023 Page 8 of 12 TASK3.3-BR DocuSign Envelope ID: 4E465043-CC0B-4C55-A4F2-D00A07117208 Page 108 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda STM386 - Heritage Road Bridge Replacement Project Amendment No. 5 Exhibit B CLASSIFICATION Principal Senior Project Senior Staff Senior Project Senior Engineer Engineer Engineer Geologist Technician II No.DESCRIPTION 3.1 Construction Support 12 12 100 12 120 256 31,628$ TOTAL HOURS 12 12 100 12 120 256 31,628$ Loaded Hourly Rate 259.31$ 182.73$ 132.27$ 173.16$ 91.82$ Subtotal Labor Costs 3,112$ 2,193$ 13,227$ 2,078$ 11,018$ -$ -$ -$ -$ =31,628$ 200$ Travel $200 Reproduction $0 Delivery $0 Total $200 Rates assumed midpoint of construction at mid 2025 31,828$ Direct Costs Subtotal Earth Mechanics, Inc - Geotechnical Engineering PHASE 3 - Bidding & Construction Support TASK TASK HOURS TASK COST Direct Costs 7/18/2023 Page 9 of 12 TASK3.X-GEO DocuSign Envelope ID: 4E465043-CC0B-4C55-A4F2-D00A07117208 Page 109 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda STM386 - Heritage Road Bridge Replacement Project Amendment No. 5 Exhibit B CLASSIFICATION Principal Transp.Associate Traffic Engineer Traffic Planner Sr. CADD Word Processor Engineer Principal III II No.DESCRIPTION 3.1 Construction Support 4 8 100 28 140 27,247$ TOTAL HOURS 4 8 100 28 140 27,247$ Loaded Hourly Rate 458.02$ 361.09$ 184.84$ 160.04$ 144.35$ 120.36$ Subtotal Labor Costs 1,832$ 2,889$ 18,484$ -$ 4,042$ -$ -$ -$ -$ =27,247$ 200$ Travel $200 Reproduction $0 Delivery $0 Total $200 Rates assumed midpoint of construction at mid 2025 27,447$ Direct Costs Subtotal Linscott Law Greenspan Engineers - Traffic PHASE 3 - Bidding & Construction Support TASK TASK HOURS TASK COST Direct Costs 7/18/2023 Page 10 of 12 TASK3.X-TRAF DocuSign Envelope ID: 4E465043-CC0B-4C55-A4F2-D00A07117208 Page 110 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda STM386 - Heritage Road Bridge Replacement Project Amendment No. 5 Exhibit B CLASSIFICATION Senior Principal Prinicipal Project Manager Job Captain Designer No.DESCRIPTION 3.1 Construction Support 8 16 20 24 32 100 18,137$ TOTAL HOURS 8 16 20 24 32 100 18,137$ Loaded Hourly Rate 445.05$ 327.92$ 195.21$ 129.92$ 72.11$ Subtotal Labor Costs 3,560$ 5,247$ 3,904$ 3,118$ 2,308$ -$ -$ -$ -$ =18,137$ 200$ Travel $200 Reproduction $0 Delivery $0 Total $200 Rates assumed midpoint of construction at mid 2025 Subtotal 18,337$ PHASE 2 - Final Design Safdie Rabines Architects - Architecture TASK TASK HOURS TASK COST Direct Costs Direct Costs 7/18/2023 Page 11 of 12 TASK3.X-ARCH DocuSign Envelope ID: 4E465043-CC0B-4C55-A4F2-D00A07117208 Page 111 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda STM386 - Heritage Road Bridge Replacement Project Amendment No. 5 Exhibit B CLASSIFICATION Principal Landscape Project Manager Landscape Architect Irrigation Design Landscpape Deisgner Architect Sr. Assoc Assoc. No.DESCRIPTION 3.1 Construction Support 8 16 32 24 43 123 15,773$ TOTAL HOURS 8 16 32 24 43 123 15,773$ Loaded Hourly Rate 222.73$ 156.15$ 107.35$ 166.14$ 94.65$ Subtotal Labor Costs 1,782$ 2,498$ 3,435$ 3,987$ 4,070$ -$ -$ -$ -$ =15,772$ 200$ Travel $200 Reproduction $0 Delivery $0 Total $200 Rates assumed midpoint of construction at mid 2025 Subtotal 15,972$ PHASE 2 - Final Design KTU+A- Landscape TASK TASK HOURS TASK COST Direct Costs Direct Costs 7/18/2023 Page 12 of 12 TASK3.X-LS DocuSign Envelope ID: 4E465043-CC0B-4C55-A4F2-D00A07117208 Page 112 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Amendment No. 5 - Rates Exhibit C STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION Contract No:2012-218 COST PROPOSAL Exhibit:C CITY OF CHULA VISTA - STM386 - HERITAGE ROAD BRIDGE REPLACEMENT PROJECT Consultant:Moffatt & Nichol ADM 2033 (Rev. 02/09)Date:7/26/23 Fringe Ben. %Combined % Normal 53.61%++=187.59% Overtime 53.61%++=187.59% FEE 10.0% BILLING INFORMATION CALCULATION INFORMATION Loaded Hourly Billing Rates %Actual/Hourly Escalation Average hrly Range for Straight OT(1.5x)OT(2x)From To Increase Rate Class Schacht, Perry - Project Manager 267.31$ N/A N/A 7/1/19 6/30/20 84.50$ N/A 275.33$ N/A N/A 7/1/20 6/30/21 3.0%87.04$ 283.59$ N/A N/A 7/1/21 6/30/22 3.0%89.65$ 292.10$ N/A N/A 7/1/22 6/30/23 3.0%92.34$ 300.87$ N/A N/A 7/1/23 6/30/24 3.0%95.11$ 309.89$ N/A N/A 7/1/24 6/30/25 3.0%97.96$ 319.19$ N/A N/A 7/1/25 6/30/26 3.0%100.90$ 328.76$ N/A N/A 7/1/26 6/30/27 3.0%103.92$ 338.63$ N/A N/A 7/1/27 6/30/28 3.0%107.04$ Jared Cole - Lead Bridge Engineer 230.14$ N/A N/A 7/1/19 6/30/20 72.75$ N/A 237.05$ N/A N/A 7/1/20 6/30/21 3.0%74.93$ 244.16$ N/A N/A 7/1/21 6/30/22 3.0%77.18$ 251.48$ N/A N/A 7/1/22 6/30/23 3.0%79.50$ 259.03$ N/A N/A 7/1/23 6/30/24 3.0%81.88$ 266.80$ N/A N/A 7/1/24 6/30/25 3.0%84.34$ 274.80$ N/A N/A 7/1/25 6/30/26 3.0%86.87$ 283.05$ N/A N/A 7/1/26 6/30/27 3.0%89.47$ 291.54$ N/A N/A 7/1/27 6/30/28 3.0%92.16$ Patrick Chang - Senior Engineer 200.09$ N/A N/A 7/1/19 6/30/20 63.25$ N/A 206.09$ N/A N/A 7/1/20 6/30/21 3.0%65.15$ 212.28$ N/A N/A 7/1/21 6/30/22 3.0%67.10$ 218.64$ N/A N/A 7/1/22 6/30/23 3.0%69.11$ 225.20$ N/A N/A 7/1/23 6/30/24 3.0%71.19$ 231.96$ N/A N/A 7/1/24 6/30/25 3.0%73.32$ 238.92$ N/A N/A 7/1/25 6/30/26 3.0%75.52$ 246.09$ N/A N/A 7/1/26 6/30/27 3.0%77.79$ 253.47$ N/A N/A 7/1/27 6/30/28 3.0%80.12$ Engineer III 189.81$ N/A N/A 7/1/19 6/30/20 60.00$ 57.00-63.00 195.50$ N/A N/A 7/1/20 6/30/21 3.0%61.80$ 201.37$ N/A N/A 7/1/21 6/30/22 3.0%63.65$ 207.41$ N/A N/A 7/1/22 6/30/23 3.0%65.56$ 213.63$ N/A N/A 7/1/23 6/30/24 3.0%67.53$ 220.04$ N/A N/A 7/1/24 6/30/25 3.0%69.56$ 226.64$ N/A N/A 7/1/25 6/30/26 3.0%71.64$ 233.44$ N/A N/A 7/1/26 6/30/27 3.0%73.79$ 240.44$ N/A N/A 7/1/27 6/30/28 3.0%76.01$ Engineer II 162.92$ N/A N/A 7/1/19 6/30/20 51.50$ 49.00-54.00 167.81$ N/A N/A 7/1/20 6/30/21 3.0%53.05$ 172.84$ N/A N/A 7/1/21 6/30/22 3.0%54.64$ 178.03$ N/A N/A 7/1/22 6/30/23 3.0%56.28$ 183.37$ N/A N/A 7/1/23 6/30/24 3.0%57.96$ 188.87$ N/A N/A 7/1/24 6/30/25 3.0%59.70$ 194.53$ N/A N/A 7/1/25 6/30/26 3.0%61.49$ 200.37$ N/A N/A 7/1/26 6/30/27 3.0%63.34$ 206.38$ N/A N/A 7/1/27 6/30/28 3.0%65.24$ Senior Tech / Designer 162.92$ 244.38$ 325.84$ 7/1/19 6/30/20 51.50$ 49.00-54.00 167.81$ 251.71$ 335.61$ 7/1/20 6/30/21 3.0%53.05$ 172.84$ 259.26$ 345.68$ 7/1/21 6/30/22 3.0%54.64$ 178.03$ 267.04$ 356.05$ 7/1/22 6/30/23 3.0%56.28$ 183.37$ 275.05$ 366.74$ 7/1/23 6/30/24 3.0%57.96$ 188.87$ 283.30$ 377.74$ 7/1/24 6/30/25 3.0%59.70$ 194.53$ 291.80$ 389.07$ 7/1/25 6/30/26 3.0%61.49$ 200.37$ 300.56$ 400.74$ 7/1/26 6/30/27 3.0%63.34$ 206.38$ 309.57$ 412.76$ 7/1/27 6/30/28 3.0%65.24$ CADD II 126.54$ 189.81$ 253.08$ 7/1/19 6/30/20 40.00$ 37.00-43.00 130.34$ 195.50$ 260.67$ 7/1/20 6/30/21 3.0%41.20$ 134.25$ 201.37$ 268.49$ 7/1/21 6/30/22 3.0%42.44$ 138.27$ 207.41$ 276.55$ 7/1/22 6/30/23 3.0%43.71$ 142.42$ 213.63$ 284.84$ 7/1/23 6/30/24 3.0%45.02$ 146.69$ 220.04$ 293.39$ 7/1/24 6/30/25 3.0%46.37$ 151.09$ 226.64$ 302.19$ 7/1/25 6/30/26 3.0%47.76$ 155.63$ 233.44$ 311.26$ 7/1/26 6/30/27 3.0%49.19$ 160.30$ 240.44$ 320.59$ 7/1/27 6/30/28 3.0%50.67$ CADD I 94.90$ 142.36$ 189.81$ 7/1/19 6/30/20 30.00$ 27.00-33.00 97.75$ 146.63$ 195.50$ 7/1/20 6/30/21 3.0%30.90$ 100.68$ 151.03$ 201.37$ 7/1/21 6/30/22 3.0%31.83$ 103.70$ 155.56$ 207.41$ 7/1/22 6/30/23 3.0%32.78$ 106.82$ 160.22$ 213.63$ 7/1/23 6/30/24 3.0%33.77$ 110.02$ 165.03$ 220.04$ 7/1/24 6/30/25 3.0%34.78$ 113.32$ 169.98$ 226.64$ 7/1/25 6/30/26 3.0%35.82$ 116.72$ 175.08$ 233.44$ 7/1/26 6/30/27 3.0%36.90$ 120.22$ 180.33$ 240.44$ 7/1/27 6/30/28 3.0%38.00$ Clerical 85.41$ 128.12$ 170.83$ 7/1/19 6/30/20 27.00$ 25.00-29.00 87.98$ 131.96$ 175.95$ 7/1/20 6/30/21 3.0%27.81$ 90.62$ 135.92$ 181.23$ 7/1/21 6/30/22 3.0%28.64$ 93.33$ 140.00$ 186.67$ 7/1/22 6/30/23 3.0%29.50$ 96.13$ 144.20$ 192.27$ 7/1/23 6/30/24 3.0%30.39$ 99.02$ 148.53$ 198.04$ 7/1/24 6/30/25 3.0%31.30$ 101.99$ 152.98$ 203.98$ 7/1/25 6/30/26 3.0%32.24$ 105.05$ 157.57$ 210.10$ 7/1/26 6/30/27 3.0%33.21$ 108.20$ 162.30$ 216.40$ 7/1/27 6/30/28 3.0%34.20$ 1. For all key team members that are listed on the Prime Consultant's Organization Chart, list the name and corresponding job classification. For all other employees i.e. support staff/non-professional) list only the classification. Team members subject to FLSA are not eligible for 2. For named employees enter the actual hourly rate. For classifications only, list the average hourly rate for that classification. 3. Note employees/classifications that are subject to prevailing wage requirements with an asterisk (*). 4. Contract Manager's preapproval is required for any addition of staff not listed on the cost proposal. The billing rates for these employees, including those that fall under general classifications, will be calculated and reimbursed based on their actual hourly rate on 01/01/2020. Future escalations, if any, will be calculated and reimbursed in accordance with the percentage escalations agreed to in this cost proposal. 5. Hourly rates for new employees hired after the date of this cost proposal will not exceed (or shall be in line with) the rates of similar personnel listed on this cost proposal having similar experience. Overhead %General Administration % Name/Classification Effective Date of Hourly rate 133.98% 133.98% 0.00% 0.00% 7/26/2023 Page 1 of 7 M&N DocuSign Envelope ID: 4E465043-CC0B-4C55-A4F2-D00A07117208 Page 113 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Amendment No. 5 - Rates Exhibit C STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION Contract No:2012-218 COST PROPOSAL Exhibit:C CITY OF CHULA VISTA - STM386 - HERITAGE ROAD BRIDGE REPLACEMENT PROJECT Consultant:Earth Mechanics, Inc. ADM 2033 (Rev. 02/09)Date:7/26/23 Fringe Ben. %Combined % Normal 23.00%++=165.00% Overtime 23.00%++=165.00% FEE 10.0% BILLING INFORMATION CALCULATION INFORMATION Loaded Hourly Billing Rates %Actual/Hourly Escalation Average hrly Range for Straight OT(1.5x)OT(2x)From To Increase Rate Class Cheang, Lino - Principal 252.15$ N/A N/A 1/1/19 12/31/19 86.50$ N/A 259.71$ N/A N/A 1/1/20 12/31/20 3.0%89.10$ 267.50$ N/A N/A 1/1/21 12/31/21 3.0%91.77$ 275.53$ N/A N/A 1/1/22 12/31/22 3.0%94.52$ 283.79$ N/A N/A 1/1/23 12/31/23 3.0%97.36$ 292.31$ N/A N/A 1/1/24 12/31/24 3.0%100.28$ 301.08$ N/A N/A 1/1/25 12/31/25 3.0%103.29$ 310.11$ N/A N/A 1/1/26 12/31/26 3.0%106.38$ 319.41$ N/A N/A 1/1/27 12/31/27 3.0%109.58$ Brown, Eric - Principal Engineer 217.17$ N/A N/A 1/1/19 12/31/19 74.50$ N/A 223.68$ N/A N/A 1/1/20 12/31/20 3.0%76.74$ 230.39$ N/A N/A 1/1/21 12/31/21 3.0%79.04$ 237.30$ N/A N/A 1/1/22 12/31/22 3.0%81.41$ 244.42$ N/A N/A 1/1/23 12/31/23 3.0%83.85$ 251.76$ N/A N/A 1/1/24 12/31/24 3.0%86.37$ 259.31$ N/A N/A 1/1/25 12/31/25 3.0%88.96$ 267.09$ N/A N/A 1/1/26 12/31/26 3.0%91.63$ 275.10$ N/A N/A 1/1/27 12/31/27 3.0%94.37$ Wilson, Patrick - Senior Project Engineer 153.04$ N/A N/A 1/1/19 12/31/19 52.50$ N/A 157.63$ N/A N/A 1/1/20 12/31/20 3.0%54.08$ 162.36$ N/A N/A 1/1/21 12/31/21 3.0%55.70$ 167.23$ N/A N/A 1/1/22 12/31/22 3.0%57.37$ 172.25$ N/A N/A 1/1/23 12/31/23 3.0%59.09$ 177.41$ N/A N/A 1/1/24 12/31/24 3.0%60.86$ 182.73$ N/A N/A 1/1/25 12/31/25 3.0%62.69$ 188.22$ N/A N/A 1/1/26 12/31/26 3.0%64.57$ 193.86$ N/A N/A 1/1/27 12/31/27 3.0%66.51$ Nicklaus, Dane - Senior Staff Engineer 110.77$ N/A N/A 1/1/19 12/31/19 38.00$ N/A 114.09$ N/A N/A 1/1/20 12/31/20 3.0%39.14$ 117.52$ N/A N/A 1/1/21 12/31/21 3.0%40.31$ 121.04$ N/A N/A 1/1/22 12/31/22 3.0%41.52$ 124.67$ N/A N/A 1/1/23 12/31/23 3.0%42.77$ 128.41$ N/A N/A 1/1/24 12/31/24 3.0%44.05$ 132.27$ N/A N/A 1/1/25 12/31/25 3.0%45.37$ 136.23$ N/A N/A 1/1/26 12/31/26 3.0%46.74$ 140.32$ N/A N/A 1/1/27 12/31/27 3.0%48.14$ Senior Engineer/Geologist 170.91$ N/A N/A 1/1/19 12/31/19 58.63$ 53.25 - 64.00 176.03$ N/A N/A 1/1/20 12/31/20 3.0%60.39$ 181.31$ N/A N/A 1/1/21 12/31/21 3.0%62.20$ 186.75$ N/A N/A 1/1/22 12/31/22 3.0%64.07$ 192.36$ N/A N/A 1/1/23 12/31/23 3.0%65.99$ 198.13$ N/A N/A 1/1/24 12/31/24 3.0%67.97$ 204.07$ N/A N/A 1/1/25 12/31/25 3.0%70.01$ 210.19$ N/A N/A 1/1/26 12/31/26 3.0%72.11$ 216.50$ N/A N/A 1/1/27 12/31/27 3.0%74.27$ Senior Project Engineer/Geologist 145.02$ N/A N/A 1/1/19 12/31/19 49.75$ 47.00 - 52.50 149.37$ N/A N/A 1/1/20 12/31/20 3.0%51.24$ 153.85$ N/A N/A 1/1/21 12/31/21 3.0%52.78$ 158.47$ N/A N/A 1/1/22 12/31/22 3.0%54.36$ 163.22$ N/A N/A 1/1/23 12/31/23 3.0%55.99$ 168.12$ N/A N/A 1/1/24 12/31/24 3.0%57.67$ 173.16$ N/A N/A 1/1/25 12/31/25 3.0%59.40$ 178.36$ N/A N/A 1/1/26 12/31/26 3.0%61.19$ 183.71$ N/A N/A 1/1/27 12/31/27 3.0%63.02$ Senior Staff Engineer 110.77$ N/A N/A 1/1/19 12/31/19 38.00$ 38.00 - 38.00 114.09$ N/A N/A 1/1/20 12/31/20 3.0%39.14$ 117.52$ N/A N/A 1/1/21 12/31/21 3.0%40.31$ 121.04$ N/A N/A 1/1/22 12/31/22 3.0%41.52$ 124.67$ N/A N/A 1/1/23 12/31/23 3.0%42.77$ 128.41$ N/A N/A 1/1/24 12/31/24 3.0%44.05$ 132.27$ N/A N/A 1/1/25 12/31/25 3.0%45.37$ 136.23$ N/A N/A 1/1/26 12/31/26 3.0%46.74$ 140.32$ N/A N/A 1/1/27 12/31/27 3.0%48.14$ Senior Technician II 76.90$ 115.35$ 153.80$ 1/1/19 12/31/19 26.38$ 21.75 - 31.00 79.20$ 118.81$ 158.41$ 1/1/20 12/31/20 3.0%27.17$ 81.58$ 122.37$ 163.16$ 1/1/21 12/31/21 3.0%27.99$ 84.03$ 126.04$ 168.06$ 1/1/22 12/31/22 3.0%28.83$ 86.55$ 129.82$ 173.10$ 1/1/23 12/31/23 3.0%29.69$ 89.15$ 133.72$ 178.29$ 1/1/24 12/31/24 3.0%30.58$ 91.82$ 137.73$ 183.64$ 1/1/25 12/31/25 3.0%31.50$ 94.57$ 141.86$ 189.15$ 1/1/26 12/31/26 3.0%32.44$ 97.41$ 146.12$ 194.82$ 1/1/27 12/31/27 3.0%33.42$ 1. For all key team members that are listed on the Prime Consultant's Organization Chart, list the name and corresponding job classification. For all other employees i.e. support staff/non-professional) list only the classification. Team members subject to FLSA are not eligible for 2. For named employees enter the actual hourly rate. For classifications only, list the average hourly rate for that classification. 3. Note employees/classifications that are subject to prevailing wage requirements with an asterisk (*). 4. Contract Manager's preapproval is required for any addition of staff not listed on the cost proposal. The billing rates for these employees, including those that fall under general classifications, will be calculated and reimbursed based on their actual hourly rate on 01/01/2020. Future escalations, if any, will be calculated and reimbursed in accordance with the percentage escalations agreed to in this cost proposal. 5. Hourly rates for new employees hired after the date of this cost proposal will not exceed (or shall be in line with) the rates of similar personnel listed on this cost proposal having similar experience. Name/Classification Effective Date of Overhead %General Administration % Hourly rate 142.00%0.00% 142.00%0.00% 7/26/2023 Page 2 of 7 EMI DocuSign Envelope ID: 4E465043-CC0B-4C55-A4F2-D00A07117208 Page 114 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Amendment No. 5 - Rates Exhibit C STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION Contract No:2012-218 COST PROPOSAL Exhibit:C CITY OF CHULA VISTA - STM386 - HERITAGE ROAD BRIDGE REPLACEMENT PROJECT Consultant:Safdie Rabines Architects ADM 2033 (Rev. 02/09)Date:7/26/23 Fringe Ben. %Combined % Normal 25.96%++=147.29% Overtime 0.00%++=0.00% FEE 10.0% BILLING INFORMATION CALCULATION INFORMATION Loaded Hourly Billing Rates %Actual/Hourly Escalation Average hrly Range for Straight OT(1.5x)OT(2x)From To Increase Rate Class Rabines, Ricardo - Senior Principal 372.72$ N/A N/A 1/1/19 12/31/19 137.02$ N/A 383.90$ N/A N/A 1/1/20 12/31/20 3.0%141.13$ 395.42$ N/A N/A 1/1/21 12/31/21 3.0%145.36$ 407.28$ N/A N/A 1/1/22 12/31/22 3.0%149.73$ 419.50$ N/A N/A 1/1/23 12/31/23 3.0%154.22$ 432.09$ N/A N/A 1/1/24 12/31/24 3.0%158.84$ 445.05$ N/A N/A 1/1/25 12/31/25 3.0%163.61$ 458.40$ N/A N/A 1/1/26 12/31/26 3.0%168.52$ 472.15$ N/A N/A 1/1/27 12/31/27 3.0%173.57$ Safdie, Taal - Senior Principal 372.72$ N/A N/A 1/1/19 12/31/19 137.02$ N/A 383.90$ N/A N/A 1/1/20 12/31/20 3.0%141.13$ 395.42$ N/A N/A 1/1/21 12/31/21 3.0%145.36$ 407.28$ N/A N/A 1/1/22 12/31/22 3.0%149.73$ 419.50$ N/A N/A 1/1/23 12/31/23 3.0%154.22$ 432.09$ N/A N/A 1/1/24 12/31/24 3.0%158.84$ 445.05$ N/A N/A 1/1/25 12/31/25 3.0%163.61$ 458.40$ N/A N/A 1/1/26 12/31/26 3.0%168.52$ 472.15$ N/A N/A 1/1/27 12/31/27 3.0%173.57$ Lindebak, Eric - Principal 274.63$ N/A N/A 1/1/19 12/31/19 100.96$ N/A 282.87$ N/A N/A 1/1/20 12/31/20 3.0%103.99$ 291.36$ N/A N/A 1/1/21 12/31/21 3.0%107.11$ 300.10$ N/A N/A 1/1/22 12/31/22 3.0%110.32$ 309.10$ N/A N/A 1/1/23 12/31/23 3.0%113.63$ 318.37$ N/A N/A 1/1/24 12/31/24 3.0%117.04$ 327.92$ N/A N/A 1/1/25 12/31/25 3.0%120.55$ 337.76$ N/A N/A 1/1/26 12/31/26 3.0%124.17$ 347.89$ N/A N/A 1/1/27 12/31/27 3.0%127.89$ Schertzing, Kyle - Project Manager 163.48$ N/A N/A 1/1/19 12/31/19 60.10$ N/A 168.39$ N/A N/A 1/1/20 12/31/20 3.0%61.90$ 173.44$ N/A N/A 1/1/21 12/31/21 3.0%63.76$ 178.64$ N/A N/A 1/1/22 12/31/22 3.0%65.67$ 184.00$ N/A N/A 1/1/23 12/31/23 3.0%67.64$ 189.52$ N/A N/A 1/1/24 12/31/24 3.0%69.67$ 195.21$ N/A N/A 1/1/25 12/31/25 3.0%71.76$ 201.06$ N/A N/A 1/1/26 12/31/26 3.0%73.92$ 207.10$ N/A N/A 1/1/27 12/31/27 3.0%76.13$ Job Captain 108.81$ N/A N/A 1/1/19 12/31/19 40.00$ N/A 112.07$ N/A N/A 1/1/20 12/31/20 3.0%41.20$ 115.43$ N/A N/A 1/1/21 12/31/21 3.0%42.44$ 118.90$ N/A N/A 1/1/22 12/31/22 3.0%43.71$ 122.46$ N/A N/A 1/1/23 12/31/23 3.0%45.02$ 126.14$ N/A N/A 1/1/24 12/31/24 3.0%46.37$ 129.92$ N/A N/A 1/1/25 12/31/25 3.0%47.76$ 133.82$ N/A N/A 1/1/26 12/31/26 3.0%49.19$ 137.83$ N/A N/A 1/1/27 12/31/27 3.0%50.67$ Designer 65.99$ 98.99$ 131.98$ 1/1/21 12/31/21 24.26$ N/A 67.97$ 101.96$ 135.94$ 1/1/22 12/31/22 3.0%24.99$ 70.01$ 105.02$ 140.02$ 1/1/23 12/31/23 3.0%25.74$ 72.11$ 108.17$ 144.22$ 1/1/24 12/31/24 3.0%26.51$ 74.27$ 111.41$ 148.55$ 1/1/25 12/31/25 3.0%27.30$ 76.50$ 114.75$ 153.01$ 1/1/26 12/31/26 3.0%28.12$ 78.80$ 118.20$ 157.60$ 1/1/27 12/31/27 3.0%28.97$ 1. For all key team members that are listed on the Prime Consultant's Organization Chart, list the name and corresponding job classification. For all other employees i.e. support staff/non-professional) list only the classification. Team members subject to FLSA are not eligible for 2. For named employees enter the actual hourly rate. For classifications only, list the average hourly rate for that classification. 3. Note employees/classifications that are subject to prevailing wage requirements with an asterisk (*). 4. Contract Manager's preapproval is required for any addition of staff not listed on the cost proposal. The billing rates for these employees, including those that fall under general classifications, will be calculated and reimbursed based on their actual hourly rate on 01/01/2020. Future escalations, if any, will be calculated and reimbursed in accordance with the percentage escalations agreed to in this cost proposal. 5. Hourly rates for new employees hired after the date of this cost proposal will not exceed (or shall be in line with) the rates of similar personnel listed on this cost proposal having similar experience. Name/Classification Effective Date of Hourly rate Overhead %General Administration % 121.33%0.00% 0.00%0.00% 7/26/2023 Page 3 of 7 SRA DocuSign Envelope ID: 4E465043-CC0B-4C55-A4F2-D00A07117208 Page 115 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Amendment No. 5 - Rates Exhibit C STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION Contract No:2012-218 COST PROPOSAL Exhibit:C CITY OF CHULA VISTA - STM386 - HERITAGE ROAD BRIDGE REPLACEMENT PROJECT Consultant:KTU+A ADM 2033 (Rev. 02/09)Date:7/26/23 Fringe Ben. %Combined % Normal 65.00%++=161.29% Overtime 65.00%++=161.29% FEE 10.0% BILLING INFORMATION CALCULATION INFORMATION Loaded Hourly Billing Rates %Actual/Hourly Escalation Average hrly Range for Straight OT(1.5x)OT(2x)From To Increase Rate Class Contract Manager - Principal - Mike Singleton 186.53$ 279.80$ N/A 1/1/19 12/31/19 64.90$ N/A 192.13$ 288.20$ N/A 1/1/20 12/31/20 3.0%66.85$ 197.89$ 296.84$ N/A 1/1/21 12/31/21 3.0%68.85$ 203.83$ 305.75$ N/A 1/1/22 12/31/22 3.0%70.92$ 209.95$ 314.92$ N/A 1/1/23 12/31/23 3.0%73.05$ 216.25$ 324.37$ N/A 1/1/24 12/31/24 3.0%75.24$ 222.73$ 334.10$ N/A 1/1/25 12/31/25 3.0%77.49$ 229.41$ 344.12$ N/A 1/1/26 12/31/26 3.0%79.82$ 236.30$ 354.45$ N/A 1/1/27 12/31/27 3.0%82.21$ Landscape Architect - Sr. Associate - Tim Henderson 130.78$ 196.16$ N/A 1/1/19 12/31/19 45.50$ N/A 134.70$ 202.05$ N/A 1/1/20 12/31/20 3.0%46.87$ 138.74$ 208.11$ N/A 1/1/21 12/31/21 3.0%48.27$ 142.90$ 214.35$ N/A 1/1/22 12/31/22 3.0%49.72$ 147.19$ 220.78$ N/A 1/1/23 12/31/23 3.0%51.21$ 151.60$ 227.41$ N/A 1/1/24 12/31/24 3.0%52.75$ 156.15$ 234.23$ N/A 1/1/25 12/31/25 3.0%54.33$ 160.84$ 241.26$ N/A 1/1/26 12/31/26 3.0%55.96$ 165.66$ 248.49$ N/A 1/1/27 12/31/27 3.0%57.64$ Project Manager - Associate - Amy Hoffman 89.90$ 134.86$ N/A 1/1/19 12/31/19 31.28$ N/A 92.60$ 138.90$ N/A 1/1/20 12/31/20 3.0%32.22$ 95.38$ 143.07$ N/A 1/1/21 12/31/21 3.0%33.18$ 98.24$ 147.36$ N/A 1/1/22 12/31/22 3.0%34.18$ 101.19$ 151.78$ N/A 1/1/23 12/31/23 3.0%35.21$ 104.22$ 156.34$ N/A 1/1/24 12/31/24 3.0%36.26$ 107.35$ 161.03$ N/A 1/1/25 12/31/25 3.0%37.35$ 110.57$ 165.86$ N/A 1/1/26 12/31/26 3.0%38.47$ 113.89$ 170.83$ N/A 1/1/27 12/31/27 3.0%39.62$ Sr. Associate - Irrigation Systems - Bernard Everling 139.14$ 208.71$ N/A 1/1/19 12/31/19 48.41$ N/A 143.31$ 214.97$ N/A 1/1/20 12/31/20 3.0%49.86$ 147.61$ 221.42$ N/A 1/1/21 12/31/21 3.0%51.36$ 152.04$ 228.06$ N/A 1/1/22 12/31/22 3.0%52.90$ 156.60$ 234.90$ N/A 1/1/23 12/31/23 3.0%54.49$ 161.30$ 241.95$ N/A 1/1/24 12/31/24 3.0%56.12$ 166.14$ 249.21$ N/A 1/1/25 12/31/25 3.0%57.80$ 171.12$ 256.69$ N/A 1/1/26 12/31/26 3.0%59.54$ 176.26$ 264.39$ N/A 1/1/27 12/31/27 3.0%61.32$ Landscape Arch. - Sr. Planner - Difan Chen 79.27$ 118.91$ N/A 1/1/19 12/31/19 27.58$ N/A 81.65$ 122.47$ N/A 1/1/20 12/31/20 3.0%28.41$ 84.10$ 126.15$ N/A 1/1/21 12/31/21 3.0%29.26$ 86.62$ 129.93$ N/A 1/1/22 12/31/22 3.0%30.14$ 89.22$ 133.83$ N/A 1/1/23 12/31/23 3.0%31.04$ 91.90$ 137.84$ N/A 1/1/24 12/31/24 3.0%31.97$ 94.65$ 141.98$ N/A 1/1/25 12/31/25 3.0%32.93$ 97.49$ 146.24$ N/A 1/1/26 12/31/26 3.0%33.92$ 100.42$ 150.63$ N/A 1/1/27 12/31/27 3.0%34.94$ 1. For all key team members that are listed on the Prime Consultant's Organization Chart, list the name and corresponding job classification. For all other employees i.e. support staff/non-professional) list only the classification. Team members subject to FLSA are not eligible for 2. For named employees enter the actual hourly rate. For classifications only, list the average hourly rate for that classification. 3. Note employees/classifications that are subject to prevailing wage requirements with an asterisk (*). 4. Contract Manager's preapproval is required for any addition of staff not listed on the cost proposal. The billing rates for these employees, including those that fall under general classifications, will be calculated and reimbursed based on their actual hourly rate on 01/01/2020. Future escalations, if any, will be calculated and reimbursed in accordance with the percentage escalations agreed to in this cost proposal. 5. Hourly rates for new employees hired after the date of this cost proposal will not exceed (or shall be in line with) the rates of similar personnel listed on this cost proposal having similar experience. Name/Classification Effective Date of Hourly rate Overhead %General Administration % 71.29%25.00% 71.29%25.00% 7/26/2023 Page 4 of 7 KTUA DocuSign Envelope ID: 4E465043-CC0B-4C55-A4F2-D00A07117208 Page 116 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Amendment No. 5 - Rates Exhibit C STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION Contract No:2012-218 COST PROPOSAL Exhibit:C CITY OF CHULA VISTA - STM386 - HERITAGE ROAD BRIDGE REPLACEMENT PROJECT Consultant:Drake Haglan & Assoc ADM 2033 (Rev. 02/09)Date:7/26/23 Fringe Ben. %Combined % Normal 45.00%++=173.73% Overtime 45.00%++=173.73% FEE 10.0% BILLING INFORMATION CALCULATION INFORMATION Loaded Hourly Billing Rates %Actual/Hourly Escalation Average hrly Range for Straight OT(1.5x)OT(2x)From To Increase Rate Class Craig Drake - Principal Engineer 311.49$ N/A N/A 1/1/19 12/31/19 103.45$ $80-$127 320.84$ N/A N/A 1/1/20 12/31/20 3.0%106.55$ 330.46$ N/A N/A 1/1/21 12/31/21 3.0%109.75$ 340.37$ N/A N/A 1/1/22 12/31/22 3.0%113.04$ 350.59$ N/A N/A 1/1/23 12/31/23 3.0%116.43$ 361.10$ N/A N/A 1/1/24 12/31/24 3.0%119.93$ 371.94$ N/A N/A 1/1/25 12/31/25 3.0%123.52$ 383.09$ N/A N/A 1/1/26 12/31/26 3.0%127.23$ 394.59$ N/A N/A 1/1/27 12/31/27 3.0%131.05$ Senior Engineer, Range D 263.31$ N/A N/A 1/1/19 12/31/19 87.45$ $74-$101 271.21$ N/A N/A 1/1/20 12/31/20 3.0%90.07$ 279.35$ N/A N/A 1/1/21 12/31/21 3.0%92.78$ 287.73$ N/A N/A 1/1/22 12/31/22 3.0%95.56$ 296.36$ N/A N/A 1/1/23 12/31/23 3.0%98.43$ 305.25$ N/A N/A 1/1/24 12/31/24 3.0%101.38$ 314.41$ N/A N/A 1/1/25 12/31/25 3.0%104.42$ 323.84$ N/A N/A 1/1/26 12/31/26 3.0%107.55$ 333.56$ N/A N/A 1/1/27 12/31/27 3.0%110.78$ Engineer, Range C 179.28$ N/A N/A 1/1/19 12/31/19 59.54$ 184.66$ N/A N/A 1/1/20 12/31/20 3.0%61.33$ 190.19$ N/A N/A 1/1/21 12/31/21 3.0%63.17$ $53-$66 195.90$ N/A N/A 1/1/22 12/31/22 3.0%65.06$ 201.78$ N/A N/A 1/1/23 12/31/23 3.0%67.01$ 207.83$ N/A N/A 1/1/24 12/31/24 3.0%69.02$ 214.07$ N/A N/A 1/1/25 12/31/25 3.0%71.09$ 220.49$ N/A N/A 1/1/26 12/31/26 3.0%73.23$ 227.10$ N/A N/A 1/1/27 12/31/27 3.0%75.42$ 1. For all key team members that are listed on the Prime Consultant's Organization Chart, list the name and corresponding job classification. For all other employees i.e. support staff/non-professional) list only the classification. Team members subject to FLSA are not eligible for 2. For named employees enter the actual hourly rate. For classifications only, list the average hourly rate for that classification. 3. Note employees/classifications that are subject to prevailing wage requirements with an asterisk (*). 4. Contract Manager's preapproval is required for any addition of staff not listed on the cost proposal. The billing rates for these employees, including those that fall under general classifications, will be calculated and reimbursed based on their actual hourly rate on 01/01/2020. Future escalations, if any, will be calculated and reimbursed in accordance with the percentage escalations agreed to in this cost proposal. 5. Hourly rates for new employees hired after the date of this cost proposal will not exceed (or shall be in line with) the rates of similar personnel listed on this cost proposal having similar experience. Name/Classification Effective Date of Hourly rate Overhead %General Administration % 128.73%0.00% 128.73%0.00% 7/26/2023 Page 5 of 7 DHA DocuSign Envelope ID: 4E465043-CC0B-4C55-A4F2-D00A07117208 Page 117 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Amendment No. 5 - Rates Exhibit C STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION Contract No:2012-218 COST PROPOSAL Exhibit:C CITY OF CHULA VISTA - STM386 - HERITAGE ROAD BRIDGE REPLACEMENT PROJECT Consultant:Avila and Associates ADM 2033 (Rev. 02/09)Date:7/26/23 Fringe Ben. %Combined % Normal 39.69%++=112.77% Overtime 39.69%++=112.77% FEE 10.0% BILLING INFORMATION CALCULATION INFORMATION Loaded Hourly Billing Rates %Actual/Hourly Escalation Average hrly Range for Straight OT(1.5x)OT(2x)From To Increase Rate Class Project Manager (Engineering) - Cathy Avila 205.87$ N/A N/A 7/1/19 6/30/20 87.96$ N/A 212.04$ N/A N/A 7/1/20 6/30/21 3.0%90.60$ 218.41$ N/A N/A 7/1/21 6/30/22 3.0%93.32$ 224.96$ N/A N/A 7/1/22 6/30/23 3.0%96.12$ 231.71$ N/A N/A 7/1/23 6/30/24 3.0%99.00$ 238.66$ N/A N/A 7/1/24 6/30/25 3.0%101.97$ 245.82$ N/A N/A 7/1/25 6/30/26 3.0%105.03$ 253.19$ N/A N/A 7/1/26 6/30/27 3.0%108.18$ 260.79$ N/A N/A 7/1/27 6/30/28 3.0%111.43$ Project Engineer - Todd Remington 154.19$ N/A N/A 7/1/19 6/30/20 65.88$ N/A 158.82$ N/A N/A 7/1/20 6/30/21 3.0%67.86$ 163.58$ N/A N/A 7/1/21 6/30/22 3.0%69.89$ 168.49$ N/A N/A 7/1/22 6/30/23 3.0%71.99$ 173.54$ N/A N/A 7/1/23 6/30/24 3.0%74.15$ 178.75$ N/A N/A 7/1/24 6/30/25 3.0%76.37$ 184.11$ N/A N/A 7/1/25 6/30/26 3.0%78.66$ 189.63$ N/A N/A 7/1/26 6/30/27 3.0%81.02$ 195.32$ N/A N/A 7/1/27 6/30/28 3.0%83.45$ Assistant Engineer - Holly Callahan 93.62$ N/A N/A 7/1/19 6/30/20 40.00$ N/A 96.43$ N/A N/A 7/1/20 6/30/21 3.0%41.20$ 99.32$ N/A N/A 7/1/21 6/30/22 3.0%42.44$ 102.30$ N/A N/A 7/1/22 6/30/23 3.0%43.71$ 105.37$ N/A N/A 7/1/23 6/30/24 3.0%45.02$ 108.53$ N/A N/A 7/1/24 6/30/25 3.0%46.37$ 111.79$ N/A N/A 7/1/25 6/30/26 3.0%47.76$ 115.14$ N/A N/A 7/1/26 6/30/27 3.0%49.19$ 118.59$ N/A N/A 7/1/27 6/30/28 3.0%50.67$ Senior Engineer - Jim Green 163.83$ N/A N/A 7/1/19 6/30/20 70.00$ N/A 168.75$ N/A N/A 7/1/20 6/30/21 3.0%72.10$ 173.81$ N/A N/A 7/1/21 6/30/22 3.0%74.26$ 179.02$ N/A N/A 7/1/22 6/30/23 3.0%76.49$ 184.40$ N/A N/A 7/1/23 6/30/24 3.0%78.79$ 189.93$ N/A N/A 7/1/24 6/30/25 3.0%81.15$ 195.63$ N/A N/A 7/1/25 6/30/26 3.0%83.58$ 201.49$ N/A N/A 7/1/26 6/30/27 3.0%86.09$ 207.54$ N/A N/A 7/1/27 6/30/28 3.0%88.67$ 1. For all key team members that are listed on the Prime Consultant's Organization Chart, list the name and corresponding job classification. For all other employees i.e. support staff/non-professional) list only the classification. Team members subject to FLSA are not eligible for 2. For named employees enter the actual hourly rate. For classifications only, list the average hourly rate for that classification. 3. Note employees/classifications that are subject to prevailing wage requirements with an asterisk (*). 4. Contract Manager's preapproval is required for any addition of staff not listed on the cost proposal. The billing rates for these employees, including those that fall under general classifications, will be calculated and reimbursed based on their actual hourly rate on 01/01/2020. Future escalations, if any, will be calculated and reimbursed in accordance with the percentage escalations agreed to in this cost proposal. 5. Hourly rates for new employees hired after the date of this cost proposal will not exceed (or shall be in line with) the rates of similar personnel listed on this cost proposal having similar experience. Name/Classification Effective Date of Hourly rate Overhead %General Administration % 16.76%56.32% 16.76%56.32% 7/26/2023 Page 6 of 7 AVILA DocuSign Envelope ID: 4E465043-CC0B-4C55-A4F2-D00A07117208 Page 118 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Amendment No. 5 - Rates Exhibit C STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION Contract No:2012-218 COST PROPOSAL Exhibit:C CITY OF CHULA VISTA - STM386 - HERITAGE ROAD BRIDGE REPLACEMENT PROJECT Consultant:Linscott, Law & Greenspan ADM 2033 (Rev. 02/09)Date:7/26/23 Fringe Ben. %Combined % Normal 30.06%++=205.46% Overtime 30.06%++=205.46% FEE 10.0% BILLING INFORMATION CALCULATION INFORMATION Loaded Hourly Billing Rates %Actual/Hourly Escalation Average hrly Range for Straight OT(1.5x)OT(2x)From To Increase Rate Class Keating, John - Principal Transportation Engineer 383.58$ N/A N/A 1/1/19 12/31/19 114.16$ N/A 395.09$ N/A N/A 1/1/20 12/31/20 3.0%117.58$ 406.94$ N/A N/A 1/1/21 12/31/21 3.0%121.11$ 419.15$ N/A N/A 1/1/22 12/31/22 3.0%124.75$ 431.73$ N/A N/A 1/1/23 12/31/23 3.0%128.49$ 444.68$ N/A N/A 1/1/24 12/31/24 3.0%132.34$ 458.02$ N/A N/A 1/1/25 12/31/25 3.0%136.31$ 471.76$ N/A N/A 1/1/26 12/31/26 3.0%140.40$ 485.91$ N/A N/A 1/1/27 12/31/27 3.0%144.61$ Musial, Walter - Associate Principal 302.41$ N/A N/A 1/1/19 12/31/19 90.00$ N/A 311.48$ N/A N/A 1/1/20 12/31/20 3.0%92.70$ 320.82$ N/A N/A 1/1/21 12/31/21 3.0%95.48$ 330.45$ N/A N/A 1/1/22 12/31/22 3.0%98.35$ 340.36$ N/A N/A 1/1/23 12/31/23 3.0%101.30$ 350.57$ N/A N/A 1/1/24 12/31/24 3.0%104.33$ 361.09$ N/A N/A 1/1/25 12/31/25 3.0%107.46$ 371.92$ N/A N/A 1/1/26 12/31/26 3.0%110.69$ 383.08$ N/A N/A 1/1/27 12/31/27 3.0%114.01$ Luong, Hung - TE III 154.80$ N/A N/A 1/1/19 12/31/19 46.07$ N/A 159.44$ N/A N/A 1/1/20 12/31/20 3.0%47.45$ 164.23$ N/A N/A 1/1/21 12/31/21 3.0%48.88$ 169.15$ N/A N/A 1/1/22 12/31/22 3.0%50.34$ 174.23$ N/A N/A 1/1/23 12/31/23 3.0%51.85$ 179.45$ N/A N/A 1/1/24 12/31/24 3.0%53.41$ 184.84$ N/A N/A 1/1/25 12/31/25 3.0%55.01$ 190.38$ N/A N/A 1/1/26 12/31/26 3.0%56.66$ 196.09$ N/A N/A 1/1/27 12/31/27 3.0%58.36$ Shankar - Senior TE 196.73$ N/A N/A 1/1/19 12/31/19 58.55$ N/A 202.63$ N/A N/A 1/1/20 12/31/20 3.0%60.31$ 208.71$ N/A N/A 1/1/21 12/31/21 3.0%62.12$ 214.97$ N/A N/A 1/1/22 12/31/22 3.0%63.98$ 221.42$ N/A N/A 1/1/23 12/31/23 3.0%65.90$ 228.07$ N/A N/A 1/1/24 12/31/24 3.0%67.88$ 234.91$ N/A N/A 1/1/25 12/31/25 3.0%69.91$ 241.95$ N/A N/A 1/1/26 12/31/26 3.0%72.01$ 249.21$ N/A N/A 1/1/27 12/31/27 3.0%74.17$ Giacalone, Amelia - TP II 134.03$ N/A N/A 1/1/19 12/31/19 39.89$ 35.00-54.00 138.05$ N/A N/A 1/1/20 12/31/20 3.0%41.09$ 142.20$ N/A N/A 1/1/21 12/31/21 3.0%42.32$ 146.46$ N/A N/A 1/1/22 12/31/22 3.0%43.59$ 150.86$ N/A N/A 1/1/23 12/31/23 3.0%44.90$ 155.38$ N/A N/A 1/1/24 12/31/24 3.0%46.24$ 160.04$ N/A N/A 1/1/25 12/31/25 3.0%47.63$ 164.84$ N/A N/A 1/1/26 12/31/26 3.0%49.06$ 169.79$ N/A N/A 1/1/27 12/31/27 3.0%50.53$ Spinler, David - Sr. Cadd 120.89$ N/A N/A 1/1/19 12/31/19 35.98$ 30.00-45.00 124.52$ N/A N/A 1/1/20 12/31/20 3.0%37.06$ 128.26$ N/A N/A 1/1/21 12/31/21 3.0%38.17$ 132.11$ N/A N/A 1/1/22 12/31/22 3.0%39.32$ 136.07$ N/A N/A 1/1/23 12/31/23 3.0%40.50$ 140.15$ N/A N/A 1/1/24 12/31/24 3.0%41.71$ 144.35$ N/A N/A 1/1/25 12/31/25 3.0%42.96$ 148.69$ N/A N/A 1/1/26 12/31/26 3.0%44.25$ 153.15$ N/A N/A 1/1/27 12/31/27 3.0%45.58$ Stevens, Wendi - Word Processor 100.80$ 151.20$ 201.60$ 1/1/19 12/31/19 30.00$ 25.00-35.00 103.83$ 155.74$ 207.65$ 1/1/20 12/31/20 3.0%30.90$ 106.94$ 160.41$ 213.88$ 1/1/21 12/31/21 3.0%31.83$ 110.15$ 165.22$ 220.30$ 1/1/22 12/31/22 3.0%32.78$ 113.45$ 170.18$ 226.91$ 1/1/23 12/31/23 3.0%33.77$ 116.86$ 175.29$ 233.71$ 1/1/24 12/31/24 3.0%34.78$ 120.36$ 180.54$ 240.73$ 1/1/25 12/31/25 3.0%35.82$ 123.97$ 185.96$ 247.95$ 1/1/26 12/31/26 3.0%36.90$ 127.69$ 191.54$ 255.39$ 1/1/27 12/31/27 3.0%38.00$ Engineering Aide 90.35$ 135.53$ 180.70$ 1/1/19 12/31/19 26.89$ 20.00-33.00 93.06$ 139.59$ 186.13$ 1/1/20 12/31/20 3.0%27.70$ 95.85$ 143.78$ 191.71$ 1/1/21 12/31/21 3.0%28.53$ 98.73$ 148.10$ 197.46$ 1/1/22 12/31/22 3.0%29.38$ 101.69$ 152.54$ 203.38$ 1/1/23 12/31/23 3.0%30.26$ 104.74$ 157.11$ 209.49$ 1/1/24 12/31/24 3.0%31.17$ 107.89$ 161.83$ 215.77$ 1/1/25 12/31/25 3.0%32.11$ 111.12$ 166.68$ 222.24$ 1/1/26 12/31/26 3.0%33.07$ 114.46$ 171.68$ 228.91$ 1/1/27 12/31/27 3.0%34.06$ 1. For all key team members that are listed on the Prime Consultant's Organization Chart, list the name and corresponding job classification. For all other employees i.e. support staff/non-professional) list only the classification. Team members subject to FLSA are not eligible for 2. For named employees enter the actual hourly rate. For classifications only, list the average hourly rate for that classification. 3. Note employees/classifications that are subject to prevailing wage requirements with an asterisk (*). 4. Contract Manager's preapproval is required for any addition of staff not listed on the cost proposal. The billing rates for these employees, including those that fall under general classifications, will be calculated and reimbursed based on their actual hourly rate on 01/01/2020. Future escalations, if any, will be calculated and reimbursed in accordance with the percentage escalations agreed to in this cost proposal. 5. Hourly rates for new employees hired after the date of this cost proposal will not exceed (or shall be in line with) the rates of similar personnel listed on this cost proposal having similar experience. Name/Classification Effective Date of Hourly rate Overhead %General Administration % 175.40%0.00% 175.40%0.00% 7/26/2023 Page 7 of 7 LLG DocuSign Envelope ID: 4E465043-CC0B-4C55-A4F2-D00A07117208 Page 119 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 1660 Hotel Circle North, Suite 500 San Diego, California 92108 619) 220-6050 www.moffattnichol.com July 18, 2023 City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Attn: Mrs. Rosina Constanza Subject: Contract No. 2011-221 w/ Amendment No. 1 (2012-218), Amendment No. 2 (2016-215), Amendment No. 3 (2020-006), and Amendment No. 4 (2021-134) – STM386 - Heritage Road Bridge Replacement Project - Amendment No. 5 Mrs. Constanza: Moffatt and Nichol (M&N) is providing Preliminary Engineering, Environmental Documentation and Final Design for the Heritage Road Bridge Replacement Project for the City of Chula Vista. At your request, we have prepared a fee proposal for services to complete the Heritage Road Bridge Project. The additional services for Phase 2 - Final Design are described below: M&N - Project Management services are assumed to continue through the end of 2023. M&N, LLG, Safdie Rabines Architects (SRA), & KTU+A – Additional funds are required to: address City and constructability review comments; re-design the pedestrian railing; revise bridge photo-simulated renderings; and update plans and technical provisions to current standards. KTU+A – Additional funds to provide design for temporary above-grade irrigation system and container stock planting. The additional services for Phase 3 - Bidding and Construction Support are described below: SRA & KTU+A - Provide support services during bidding and construction. Consultant Compensation Engineering services will be provided on a Time-and-Materials basis using updated billing rates. Our current total Contract compensation will be increased by $298,454. See the attached Exhibits A and B for Amendment No. 5 Fee and Detailed Summaries. The fee proposal uses 2023 rates for Phase 2, and 2025 rates for Phase 3. Please call if you have any questions regarding this request. Sincerely, MOFFATT & NICHOL Jared Cole, P.E. JC:jc/pc Attachments: Exhibit A – Fee; Exhibit B – Detailed Summary; Page 120 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Exhibit A Amendment No. 5 - Fee Contract No. 2011-221 (Amendments 2012-218, 2016-215, 2020-006, 2021-134) STM386 - Heritage Road Bridge Replacement Project Task Budget Task Consultant Description Current Fee Remaining Cost to Complete Revised Change 01 Moffatt & Nichol Project Management $244,831 $18,567 $18,567 $244,831 $0 02 Moffatt & Nichol Civil $137,285 $3,334 $3,334 $137,285 $0 03 Moffatt & Nichol Bridge $934,901 $33,836 $52,166 $953,231 $18,330 XX-01 BRG Consulting, Inc.Environmental $69,570 $0 $0 $69,570 $0 XX-02 Aguirre Survey $57,563 $14,586 $14,586 $57,563 $0 XX-03 Chang Consultants Hydrology, Hydraulics, & Scour $0 $0 $0 $0 $0 XX-04 EMI (Earth Mechanics, Inc.)Geotechnical Investigation $233,706 $3,449 $3,449 $233,706 $0 XX-05 LLG (Linscott, Law & Greenspan)Traffic Analysis $75,449 $1,100 $8,880 $83,229 $7,780 XX-06 Safdie Rabines Architects Aesthetics $68,328 $5,339 $16,339 $79,328 $11,000 XX-07 KTU+A Landscape $61,082 $0 $28,670 $89,752 $28,670 XX-08 Drake Haglan & Associates Funding & Bridge Review $111,373 $5,459 $5,459 $111,373 $0 XX-09 Avila & Associates Hydrology, Hydraulics, & Scour $37,263 $1,281 $1,281 $37,263 $0 XY Moffatt & Nichol Expenses $5,758 $1,281 $1,281 $5,758 $0 Phase 2 - Final Design - Totals $2,037,109 $88,232 $154,013 $2,102,889 $65,780 through invoice for 6/2023 Task Budget Task Consultant Description Current Fee Remaining Cost to Complete Revised Change 03 Moffatt & Nichol Bridge $0 $0 $138,590 $138,590 $138,590 XX-04 EMI (Earth Mechanics, Inc.)Geotechnical $0 $0 $31,828 $31,828 $31,828 XX-05 LLG (Linscott, Law & Greenspan)Traffic $0 $0 $27,447 $27,447 $27,447 XX-06 Safdie Rabines Architects Aesthetics $0 $0 $18,337 $18,337 $18,337 XX-07 KTU+A Landscape $0 $0 $15,973 $15,973 $15,973 XY Moffatt & Nichol Expenses $0 $0 $500 $500 $500 Phase 3 - Bidding & Construction Support - Totals $0 $0 $232,674 $232,674 $232,674 through invoice for 6/2023 Phase 1 - Preliminary Eng.$0 Phase 2 - Final Design $65,780 Phase 3 - Construction Support $232,674 Total $298,454 July 18, 2023 AMENDMENT No. 5 - Fee PHASE 2 - FINAL DESIGN PHASE 3 - BIDDING & CONSTRUCTION SUPPORT 7/18/2023 Page 1 of 1 AMENDMENT No. 5 - FEE Page 121 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda STM386 - Heritage Road Bridge Replacement Project Amendment No. 5 Exhibit B Contract No. 2011-221 (Amendments 2012-218, 2016-215, 2020-006, 2021-134) Discipline PM Civil Bridge Expenses Environmental Survey Hydraulics Geotechnical Traffic Aesthetics Landscape Bridge Review Hydraulics Original Contract Value 71,812$ 276,483$ 336,640$ 13,358$ 10,087$ 15,345$ 1,816$ 27,670$ 18,522$ 5,912$ 16,604$ 53,564$ 847,813$ Amendment No. 1 - 11/2012 23,014$ 163,162$ 9,020$ 36,516$ 19,288$ 251,000$ Amendment No. 2 - 11/2016 96,795$ 104,685$ 44,610$ 1,233$ 6,476$ 32,167$ 3,442$ 17,935$ 8,964$ 11,638$ 6,516$ 334,461$ Sub consultant Substitution - 2/2018 (25,040)$ 25,040$ -$ Purchase Order Adjustment - 6/2018 (300,000)$ (300,000)$ Budget Reassignment - 8/2019 (62,350)$ 154,603$ 92,253$ Amendment No. 3 - 2/2020 313,130$ 38,991$ 31,707$ 32,840$ 51,293$ 92,223$ 560,184$ Budget Reassignment - 12/2020 (48,000)$ 48,000$ -$ Budget Reassignment - 3/2021 10,000$ 10,933$ (16,000)$ (8,943)$ (4,010)$ Budget Reassignment - 7/2021 69,542$ (11,320)$ 9,000$ 1,000$ 68,222$ Amendment No. 4 - 6/2021 18,911$ 44,929$ 11,320$ 8,360$ 11,795$ 95,315$ Budget Reassignment - 5/2022 (5,000)$ 32,214$ 54,492$ (10,000)$ 11,344$ 8,950$ (80,000)$ Budget Reassignment - 1/2023 4,299$ 3,305$ 15,370$ 47,671$ 9,226$ 79,871$ Budget Reassignment - 7/2023 25,000$ 19,533$ (620)$ (43,913)$ 0$ Current Contract Totals 244,831$ 137,285$ 934,901$ 5,758$ 69,570$ 57,563$ -$ 233,706$ 75,449$ 68,328$ 61,082$ 111,373$ 37,263$ 2,037,109$ Amendment No. 5 - Totals -$ 18,330$ 7,780$ 11,000$ 28,670$ 65,780$ Revised Contract Totals 244,831$ 137,285$ 953,231$ 5,758$ 69,570$ 57,563$ -$ 233,706$ 83,229$ 79,328$ 89,752$ 111,373$ 37,263$ 2,102,889$ Original Contract Value 62,302$ 2,000$ 64,302$ Amendment No. 1 - 11/2012 29,951$ 29,951$ Budget Reassignment - 8/2019 (62,302)$ (29,951)$ (92,253)$ Amendment No. 3 - 2/2020 72,542$ 31,264$ 27,278$ 131,084$ Budget Reassignment - 7/2021 (72,542)$ (9,000)$ (81,542)$ Amendment No. 4 - 6/2021 40,000$ 40,000$ Budget Reassignment - 5/2022 (12,000)$ (12,000)$ Budget Reassignment - 1/2023 (40,000)$ (2,000)$ (10,264)$ (27,278)$ (79,542)$ Current Contract Totals -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Amendment No. 5 - Totals 138,590$ 500$ 31,828$ 27,447$ 18,337$ 15,973$ 232,674$ Revised Contract Totals -$ -$ 138,590$ 500$ -$ -$ -$ 31,828$ 27,447$ 18,337$ 15,973$ -$ -$ 232,674$ PHASE 2 - FINAL DESIGN PHASE 3 - BIDDING & CONSTRUCTION SUPPORT TOTAL TASK COSTSMoffatt & Nichol Moffatt & NicholFirm Moffatt & Nichol Moffatt & Nichol BRG Consulting Inc. Aguirre & Assoc. Chang Consultants Earth Mechanics, Inc. Detailed Summary Linscott, Law & Greenspan Engineers Safdie Rabines Architects KTU+A Contract Revisions Drake Haglan & Assoc Avila & Associates 7/18/2023 Page 1 of 12 AMENDMENT No. 5 - SUMMARY Page 122 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda STM386 - Heritage Road Bridge Replacement Project Amendment No. 5 Exhibit B Contract No. 2011-221 (Amendments 2012-218, 2016-215, 2020-006, 2021-134) Discipline Bridge Traffic Aesthetics Landscape Firm No.DESCRIPTION 2.1 Project Management and Administration -$ 2.2 Project Meetings -$ 2.3 Final Foundation Report -$ 2.4A Preliminary Bridge Design -$ 2.4B Bridge Design and Detailing -$ 2.5 Bridge Architectural Details -$ 2.6 Storm Drain & Grading Plans -$ 2.7 Roadway Improvements & Retaining Wall Plans -$ 2.8 Traffic Control Plans 44 44 7,780$ 2.9 Signing and Striping Plans -$ 2.10 Utility Coordination Plans -$ 2.11 Landscaping Plans 93 93 13,067$ 2.12 Erosion control / Construction Phase BMP's 118 118 15,603$ 2.13A Permanent BMP's (Deleted)-$ 2.13B Drainage Study -$ 2.14 Traffic Signal Modifications -$ 2.15 Street and Bridge Lighting Plans -$ 2.16 Final Design Surveys -$ 2.17 QA/QC -$ 2.18 65% PS&E Submittal -$ 2.19 Review and Respond to 65% Comments -$ 2.20 Bridge Independent Review -$ 2.21 Technical Specifications -$ 2.22 Quantities, Estimate, and Bid List -$ 2.23 95% PS&E Submittal -$ 2.24 Review and Respond to 95% Comments -$ 2.25 100% PS&E Submittal 104 68 172 29,330$ 2.26 LOMR/CLOMR -$ 2.27 Final Bridge Hydraulics TOTAL HOURS 104 44 68 211 427 65,780$ Subtotal Costs 18,330$ 7,780$ 11,000$ 28,670$ =65,780$ Subtotal Direct Costs -$ -$ -$ -$ =-$ Total Costs 18,330$ 7,780$ 11,000$ 28,670$ =65,780$ PHASE 2 - Final Design TASK TASK HOURS TASK COST DETAILED SUMMARY KTU&A Linscott, Law & Greenspan Engineers Moffatt & Nichol Safdie Rabines Architects 7/18/2023 Page 2 of 12 PHASE 2-SUMMARY Page 123 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda STM386 - Heritage Road Bridge Replacement Project Amendment No. 5 Exhibit B Discipline Bridge Geotechnical Traffic Aesthetics Landscape Firm No.DESCRIPTION 3.1 Construction Support 620 256 140 100 123 1239 231,374$ TOTAL HOURS 620 256 140 100 123 1239 231,374$ Subtotal Costs 138,590$ 31,628$ 27,247$ 18,137$ 15,773$ =231,374$ Subtotal Direct Costs 500$ 200$ 200$ 200$ 200$ =1,300$ Total Costs 139,090$ 31,828$ 27,447$ 18,337$ 15,973$ =232,674$ PHASE 3 - Bidding & Construction Support TASK TASK HOURS TASK COST Moffatt & Nichol Earth Mechanics, Inc. Linscott, Law & Greenspan Engineers DETAILED SUMMARY Safdie Rabines Architects KTU&A 7/18/2023 Page 3 of 12 PHASE 3-SUMMARY Page 124 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda STM386 - Heritage Road Bridge Replacement Project Amendment No. 5 Exhibit B Contract No. 2011-221 (Amendments 2012-218, 2016-215, 2020-006, 2021-134) CLASSIFICATION Project Manager Lead Bridge Engineer Senior Engineer Engineer III Engineer II Senior Tech/CADD Tech II CADD Tech I Clerical Designer No.DESCRIPTION Perry Schacht Jared Cole Patrick Chang 2.1 Project Management and Administration -$ 2.2 Project Meetings -$ 2.3 Final Foundation Report -$ 2.4A Preliminary Bridge Design -$ 2.4B Bridge Design and Detailing -$ 2.5 Bridge Architectural Details -$ 2.6 Storm Drain & Grading Plans -$ 2.7 Roadway Improvements & Retaining Wall Plans -$ 2.8 Traffic Control Plans -$ 2.9 Signing and Striping Plans -$ 2.10 Utility Coordination Plans -$ 2.11 Landscaping Plans -$ 2.12 Erosion control / Construction Phase BMP's -$ 2.13A Permanent BMP's (Deleted)-$ 2.13B Drainage Study -$ 2.14 Traffic Signal Modifications -$ 2.15 Street and Bridge Lighting Plans -$ 2.16 Final Design Surveys -$ 2.17 QA/QC -$ 2.18 65% PS&E Submittal -$ 2.19 Review and Respond to 65% Comments -$ 2.20 Bridge Independent Review -$ 2.21 Technical Specifications -$ 2.22 Quantities, Estimate, and Bid List -$ 2.23 95% PS&E Submittal -$ 2.24 Review and Respond to 95% Comments -$ 2.25 100% PS&E Submittal 8 32 40 24 104 18,330$ 2.26 LOMR/CLOMR -$ 2.27 Final Bridge Hydraulics -$ TOTAL HOURS 8 32 40 24 104 18,330$ Loaded Hourly Rate 300.87$ 259.03$ 225.20$ 213.63$ 183.37$ 183.37$ 142.42$ 106.82$ 96.13$ Subtotal Labor Costs -$ -$ -$ 1,709$ 5,868$ 7,335$ 3,418$ -$ -$ =18,330$ Travel $0 Reproduction $0 Delivery $0 Total $0 18,330$ Direct Costs Subtotal Moffatt & Nichol - Bridge Engineering PHASE 2 - Final Design Direct Costs TASK TASK HOURS TASK COST 7/18/2023 Page 4 of 12 TASK2.3-BR Page 125 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda STM386 - Heritage Road Bridge Replacement Project Amendment No. 5 Exhibit B CLASSIFICATION Principal Associate Traffic Engineer Traffic Planner Sr. CADD Word Processor Transportation Principal III II No.DESCRIPTION Engineer (Shankar)(Carr) 2.1 Project Management and Administration -$ 2.2 Project Meetings -$ 2.3 Final Foundation Report -$ 2.4A Preliminary Bridge Design -$ 2.4B Bridge Design and Detailing -$ 2.5 Bridge Architectural Details -$ 2.6 Storm Drain & Grading Plans -$ 2.7 Roadway Improvements & Retaining Wall Plans -$ 2.8 Traffic Control Plans 4 16 24 44 7,780$ 2.9 Signing and Striping Plans -$ 2.10 Utility Coordination Plans -$ 2.11 Landscaping Plans -$ 2.12 Erosion control / Construction Phase BMP's -$ 2.13A Permanent BMP's (Deleted)-$ 2.13B Drainage Study -$ 2.14 Traffic Signal Modifications -$ 2.15 Street and Bridge Lighting Plans -$ 2.16 Final Design Surveys -$ 2.17 QA/QC -$ 2.18 65% PS&E Submittal -$ 2.19 Review and Respond to 65% Comments -$ 2.20 Bridge Independent Review -$ 2.21 Technical Specifications -$ 2.22 Quantities, Estimate, and Bid List -$ 2.23 95% PS&E Submittal -$ 2.24 Review and Respond to 95% Comments -$ 2.25 100% PS&E Submittal -$ 2.26 LOMR/CLOMR -$ 2.27 Final Bridge Hydraulics -$ TOTAL HOURS 4 16 24 44 7,780$ Loaded Hourly Rate 431.73$ 340.36$ 174.23$ 150.86$ 136.07$ 113.45$ Subtotal Labor Costs 1,727$ -$ 2,788$ -$ 3,266$ -$ -$ -$ -$ =7,781$ Travel $0 Reproduction $0 Delivery $0 Total $0 Subtotal 7,781$ PHASE 2 - Final Design Linscott, Law & Greenspan - Traffic Engineering TASK TASK HOURS TASK COST Direct Costs Direct Costs 7/18/2023 Page 5 of 12 TASK2.X-TRAF Page 126 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda STM386 - Heritage Road Bridge Replacement Project Amendment No. 5 Exhibit B CLASSIFICATION Senior Principal Prinicipal Project Manager Job Captain Designer No.DESCRIPTION 2.1 Project Management and Administration -$ 2.2 Project Meetings -$ 2.3 Final Foundation Report -$ 2.4A Preliminary Bridge Design -$ 2.4B Bridge Design and Detailing -$ 2.5 Bridge Architectural Details -$ 2.6 Storm Drain & Grading Plans -$ 2.7 Roadway Improvements & Retaining Wall Plans -$ 2.8 Traffic Control Plans -$ 2.9 Signing and Striping Plans -$ 2.10 Utility Coordination Plans -$ 2.11 Landscaping Plans -$ 2.12 Erosion control / Construction Phase BMP's -$ 2.13A Permanent BMP's (Deleted)-$ 2.13B Drainage Study -$ 2.14 Traffic Signal Modifications -$ 2.15 Street and Bridge Lighting Plans -$ 2.16 Final Design Surveys -$ 2.17 QA/QC -$ 2.18 65% PS&E Submittal -$ 2.19 Review and Respond to 65% Comments -$ 2.20 Bridge Independent Review -$ 2.21 Technical Specifications -$ 2.22 Quantities, Estimate, and Bid List -$ 2.23 95% PS&E Submittal -$ 2.24 Review and Respond to 95% Comments -$ 2.25 100% PS&E Submittal 4 4 12 48 68 11,000$ 2.26 LOMR/CLOMR -$ 2.27 Final Bridge Hydraulics -$ TOTAL HOURS 4 4 12 48 68 11,000$ Sub consultant - Merkel Loaded Hourly Rate 419.50$ 309.10$ 184.00$ 122.46$ 67.97$ Subtotal Labor Costs 1,678$ 1,236$ 2,208$ 5,878$ -$ -$ -$ -$ -$ =11,000$ Rates assume work performed in 2023 =-$ Travel $0 Reproduction $0 Delivery $0 Total $0 11,000$ Direct Costs Subtotal Safdie Rabines Architects - Architecture PHASE 2 - Final Design TASK Direct Costs TASK HOURS TASK COST 7/18/2023 Page 6 of 12 TASK2.X-ARCH Page 127 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda STM386 - Heritage Road Bridge Replacement Project Amendment No. 5 Exhibit B CLASSIFICATION Principal Landscape Project Manager Landscape Architect Irrigation Design Landscpape Deisgner Architect Sr. Assoc Assoc. No.DESCRIPTION 2.1 Project Management and Administration -$ 2.2 Project Meetings -$ 2.3 Final Foundation Report -$ 2.4A Preliminary Bridge Design -$ 2.4B Bridge Design and Detailing -$ 2.5 Bridge Architectural Details -$ 2.6 Storm Drain & Grading Plans -$ 2.7 Roadway Improvements & Retaining Wall Plans -$ 2.8 Traffic Control Plans -$ 2.9 Signing and Striping Plans -$ 2.10 Utility Coordination Plans -$ 2.11 Landscaping Plans 8 16 32 37 93 13,067$ 2.12 Erosion control / Construction Phase BMP's 8 16 35 41 18 118 15,603$ 2.13A Permanent BMP's (Deleted)-$ 2.13B Drainage Study -$ 2.14 Traffic Signal Modifications -$ 2.15 Street and Bridge Lighting Plans -$ 2.16 Final Design Surveys -$ 2.17 QA/QC -$ 2.18 65% PS&E Submittal -$ 2.19 Review and Respond to 65% Comments -$ 2.20 Bridge Independent Review -$ 2.21 Technical Specifications -$ 2.22 Quantities, Estimate, and Bid List -$ 2.23 95% PS&E Submittal -$ 2.24 Review and Respond to 95% Comments -$ 2.25 100% PS&E Submittal -$ 2.26 LOMR/CLOMR -$ 2.27 Final Bridge Hydraulics -$ TOTAL HOURS 16 32 67 78 18 211 28,670$ Loaded Hourly Rate 209.95$ 147.19$ 101.19$ 156.60$ 89.22$ Subtotal Labor Costs 3,359$ 4,710$ 6,780$ 12,215$ 1,606$ -$ -$ -$ -$ =28,670$ Travel $0 Reproduction $0 Delivery $0 Total $0 28,670$ Direct Costs Subtotal KTU+A- Landscape PHASE 2 - Final Design TASK TASK HOURS TASK COST Direct Costs 7/18/2023 Page 7 of 12 TASK2.X-LS Page 128 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda STM386 - Heritage Road Bridge Replacement Project Amendment No. 5 Exhibit B CLASSIFICATION Project Manager Lead Bridge Engineer Senior Engineer Engineer III Engineer II Senior Tech/CADD Tech II CADD Tech I Clerical Designer No.DESCRIPTION Perry Schacht Jared Cole Patrick Chang 3.1 Construction Support 120 160 120 120 40 60 620 138,590$ TOTAL HOURS 120 160 120 120 40 60 620 138,590$ Loaded Hourly Rate 319.19$ 274.80$ 238.92$ 226.64$ 194.53$ 194.53$ 151.09$ 113.32$ 101.99$ Subtotal Labor Costs -$ 32,976$ 38,227$ 27,197$ 23,344$ 7,781$ 9,065$ -$ -$ =138,590$ 500$ Travel $500 Assumptions: Reproduction $0 Construction start mid 2024 Delivery $0 Construction duration of 30 months Total $500 Rates assumed midpoint of construction at mid 2025 139,090$ Direct Costs Subtotal Moffatt & Nichol - Bridge Engineering PHASE 3 - Bidding & Construction Support TASK TASK HOURS TASK COST Direct Costs 7/18/2023 Page 8 of 12 TASK3.3-BR Page 129 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda STM386 - Heritage Road Bridge Replacement Project Amendment No. 5 Exhibit B CLASSIFICATION Principal Senior Project Senior Staff Senior Project Senior Engineer Engineer Engineer Geologist Technician II No.DESCRIPTION 3.1 Construction Support 12 12 100 12 120 256 31,628$ TOTAL HOURS 12 12 100 12 120 256 31,628$ Loaded Hourly Rate 259.31$ 182.73$ 132.27$ 173.16$ 91.82$ Subtotal Labor Costs 3,112$ 2,193$ 13,227$ 2,078$ 11,018$ -$ -$ -$ -$ =31,628$ 200$ Travel $200 Reproduction $0 Delivery $0 Total $200 Rates assumed midpoint of construction at mid 2025 31,828$ Direct Costs Subtotal Earth Mechanics, Inc - Geotechnical Engineering PHASE 3 - Bidding & Construction Support TASK TASK HOURS TASK COST Direct Costs 7/18/2023 Page 9 of 12 TASK3.X-GEO Page 130 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda STM386 - Heritage Road Bridge Replacement Project Amendment No. 5 Exhibit B CLASSIFICATION Principal Transp.Associate Traffic Engineer Traffic Planner Sr. CADD Word Processor Engineer Principal III II No.DESCRIPTION 3.1 Construction Support 4 8 100 28 140 27,247$ TOTAL HOURS 4 8 100 28 140 27,247$ Loaded Hourly Rate 458.02$ 361.09$ 184.84$ 160.04$ 144.35$ 120.36$ Subtotal Labor Costs 1,832$ 2,889$ 18,484$ -$ 4,042$ -$ -$ -$ -$ =27,247$ 200$ Travel $200 Reproduction $0 Delivery $0 Total $200 Rates assumed midpoint of construction at mid 2025 27,447$ Direct Costs Subtotal Linscott Law Greenspan Engineers - Traffic PHASE 3 - Bidding & Construction Support TASK TASK HOURS TASK COST Direct Costs 7/18/2023 Page 10 of 12 TASK3.X-TRAF Page 131 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda STM386 - Heritage Road Bridge Replacement Project Amendment No. 5 Exhibit B CLASSIFICATION Senior Principal Prinicipal Project Manager Job Captain Designer No.DESCRIPTION 3.1 Construction Support 8 16 20 24 32 100 18,137$ TOTAL HOURS 8 16 20 24 32 100 18,137$ Loaded Hourly Rate 445.05$ 327.92$ 195.21$ 129.92$ 72.11$ Subtotal Labor Costs 3,560$ 5,247$ 3,904$ 3,118$ 2,308$ -$ -$ -$ -$ =18,137$ 200$ Travel $200 Reproduction $0 Delivery $0 Total $200 Rates assumed midpoint of construction at mid 2025 Subtotal 18,337$ PHASE 2 - Final Design Safdie Rabines Architects - Architecture TASK TASK HOURS TASK COST Direct Costs Direct Costs 7/18/2023 Page 11 of 12 TASK3.X-ARCH Page 132 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda STM386 - Heritage Road Bridge Replacement Project Amendment No. 5 Exhibit B CLASSIFICATION Principal Landscape Project Manager Landscape Architect Irrigation Design Landscpape Deisgner Architect Sr. Assoc Assoc. No.DESCRIPTION 3.1 Construction Support 8 16 32 24 43 123 15,773$ TOTAL HOURS 8 16 32 24 43 123 15,773$ Loaded Hourly Rate 222.73$ 156.15$ 107.35$ 166.14$ 94.65$ Subtotal Labor Costs 1,782$ 2,498$ 3,435$ 3,987$ 4,070$ -$ -$ -$ -$ =15,772$ 200$ Travel $200 Reproduction $0 Delivery $0 Total $200 Rates assumed midpoint of construction at mid 2025 Subtotal 15,972$ PHASE 2 - Final Design KTU+A- Landscape TASK TASK HOURS TASK COST Direct Costs Direct Costs 7/18/2023 Page 12 of 12 TASK3.X-LS Page 133 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda X X XXXXXXXXXWORK TO BE DONE: SPECIAL NOTES: PRE-CONSTRUCTION CONFERENCE AS-BUILTS ENGINEER OF WORK CERTIFICATE GENERAL NOTES: BROWN FIELD MUNICIPAL AIRPORT VICINITY MAP NOT TO SCALE PROJECT LOCATION 125 805 IMPORTANT NOTICE SECTION 4216/4217 OF THE GOVERNMENT CODE REQUIRES A DIG ALERT IDENTIFICATION NUMBER BE ISSUED BEFORE A "PERMIT TO EXCAVATE" WILL BE VALID. FOR YOUR DIG ALERT I.D. NUMBER, CALL UNDERGROUND SERVICE ALERT TOLL FREE 8-1-1 TWO WORKING DAYS BEFORE YOU DIG. BENCHMARK BASIS OF COORDINATES: (NAD83) “ ” STATION NORTHING   EASTING VERTICAL CONTROL: (NAVD88) BENCHMARK ELEVATION 100% DESIGN APRIL 2023 M A I N S T R E E T NIRVANA ROADMAXWELL ROADENTERTAINMENT CIR N. ENT E R T A I N M E N T C I R S .H E R I T A G E R O A D TS TS TS TS CIP#: STM0388 CIP# STM0386 BRLS-5203(039) CIP PROJECT MAP SCALE: 1"=500' 905 Page 134 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda v . 0 03 P a g e | 1 August 8, 2023 ITEM TITLE Grant Acceptance and Appropriation: Approve an Agreement and Accept a Grant from the Department of Alcoholic Beverage Control and Appropriate Funds Report Number: 23-0190 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 approving an agreement with the Department of Alcoholic Beverage Control, accepting $75,000 in grant funds and appropriating the funds to the Police Grants Section of the State Grants Fund for the Alcohol Policing Partnership Program. (4/5 Vote Required) SUMMARY The California Department of Alcoholic Beverage Control (“ABC”) has awarded $75,000 to the Police Department for the Alcohol Policing Partnership Program. The mission of the Alcohol Policing Partnership (“APP”) Program is to work with law enforcement agencies to develop an effective, comprehensive and strategic approach to eliminating the crime and public nuisance problems associated with problem alcoholic beverage outlets. 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. Page 135 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION The Police Department has been awarded $75,000 from the Department of Alcoholic Beverage Control to conduct compliance, education and enforcement operations for the Alcohol Policing Partnership program. This 12-month project (July 1, 2023 to June 30, 2024) will include undercover enforcement operations at problem locations, Minor Decoy operations, Shoulder Tap operations, undercover minor in possession operations at Amphitheater concert venue, and Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) operations. The goal of the Minor Decoy Program is to reduce the number of licensees who sell alcoholic beverages to minors. The Shoulder Tap Program targets adults who furnish alcoholic beverages to minors. IMPACT inspections focus on licensee education. In addition to these ABC operations, the Police Department will partner with other City departments and outside agencies to assist with developing cases against problematic ABC establishments. Furthermore, coordinated community outreach efforts will involve education, prevention and problem solving to address the concerns of the community. As part of the grant acceptance process, the ABC provided its Standard Agreement (see Attachment 1) to be signed by Police Chief Roxana Kennedy upon Council approval. The proposed resolution would accept the grant funds, authorize the Police Chief to sign the Standard Agreement on behalf of the City, and appropriate the grant funds accordingly. 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 Approval of this resolution will result in a one-time appropriation of $67,500 to the personnel services category and $7,500 to the supplies and services category of the Police Grants Section of the State Grants Fund. Funding from the California Department of Alcoholic Beverage Control will completely offset these costs, resulting in no net fiscal impact to the General Fund. ONGOING FISCAL IMPACT There is no ongoing fiscal impact as a result of accepting these grant funds. Page 136 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda P a g e | 3 ATTACHMENTS 1. State of California – Department of General Services Standard Agreement # 23-APP09 between the Department of Alcoholic Beverage Control and Chula Vista Police Department Staff Contact: Jonathan Alegre, Police Department Police Chief Roxana Kennedy Page 137 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL, ACCEPTING GRANT FUNDS, AND APPROPRIATING FUNDS THEREFOR WHEREAS, the Police Department received notice of grant award in the amount of $75,000 from the Department of Alcoholic Beverage Control (ABC); and WHEREAS, grant funds will be used to conduct compliance, education and enforcement operations for the Alcohol Policing Partnership grant; and WHEREAS, the grant funds administered the Department of Alcoholic Beverage Control will completely offset the total costs of this program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the State of California Standard Agreement # 23-APP09, between the City and Department of Alcoholic Beverage Control, 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 Chief of Police to execute same. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it accepts $75,000 from the Department of Alcoholic Beverage Control and appropriates $67,500 to personnel services category and $7,500 to the supplies and services category of the Police Grants Section of the State Grants Fund. Presented by Roxana Kennedy Chief of Police Approved as to form by Jill D.S. Maland Lounsbery Ferguson Altona & Peak Acting City Attorney Page 138 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda SCO ID: 2100-23APPO9 STATEOF CALIFORNIA-DEPARTMENT OF GENERALSERVICES ST ANDARD AGREEMENT STD213 (Rev. 04/2020) I. This Agreement is entered into between the Contracting Agency and the Contractor named below: CONTRACTING AGENCY NAME Department of Alcoholic Beverage Control CONTRACTORNAME City of Chula Vista through the Chula Vista Police Department 2. The term of this Agreement is: START DATE AGREEMENT NUMBER 23-APPO9 PtlRCHASINGALITHORITYNUMBER (lfApplicable) ABC-2100 lulv I 90')a THROUGH END DATE lunp3n ')n')4 3. The maximum amount of this Agreement is: S 7Fi nnn On Spvpntv fivp thniisqnd rlnllqrs anrl no r'p.nts 4. The parties agree to comply with the terms and conditions of the following exhibits, which are bythis reference made a part ofthe Agreement. Exhibits Title Pages Exhibit A Scope of Work 2 Exhibit B Budget Detail and Payment Provisions 3 Exhibit C "General Terms and Conditions 4 Exhibit D Special Terms and Conditions 1 Attachment RFP Scope of Work 10 Items shown with ari asterisk ('), are hereby incorporated by reference and made part of this agreement as if attached hereto. Thesedocuments can beviewed at https://www.dgs.ca.gov/OLS/Resources Page 1 of 2Page 139 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda SCO ID: 2100-23APPO9 STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES ST ANDARD AGREEMENT STD 213 (Rev. 04/2020) IN WITNESSWHEREOF, THIS AGREEMENT HASBEEfSI EXECUTEDBYTHEPARTIESHERETO. AGREEMENTNUMBER 23-APPO9 PURCHASINGAUTHORITY NLIMBER (lfApplicable) ABC-2100 CONTRACTOR CONTRACTORNAME (if otherthan an individual, state whether a corporation, partnership, etc.) itv of (,hiila Vista thrniinh thp Chiila Vista Pnlir.p r)pnartmsnt CONTRACTORBljSINESS ADDRESS 315 Fourth Avenue CITY Chula Vista STATE CA ZIP 91910 PRINTED NAME OF PERSONSIGNING Roxana Kennedy TITLE Chief CONTRACTORAUTHORIZED SIGNATURE DATE SIGNED STATE OF CALIFORNIA CONTRACTING AGENCYNAME npnartmpn+ of Alr.rihnlir': Flpvpranp (.nnfrril CONTRACTING AGENCYADDRESS 3927 Lennane Drive CITY Sacramento STATE CA ZIP 95834 PRINTED NAME OF PERSONSIGNING Pattye Baker TITLE Chief, Business Management Branch CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED CALIFORNIA DEPARTMENTOF GENERAL SERVICESAPPROVAL EXEMPTION (lfApplicable) Page 1 of 2Page 140 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Agreement Number: 23-APP09 City of Chula Vista through the Chula Vista Police Department Page 1 of 2 EXHIBIT A SCOPE OF WORK I. SCOPE OF WORK Contractor agrees to implement the Department of Alcoholic Beverage Control (ABC), Alcohol Policing Partnership program. This program is intended to work with law enforcement agencies to develop an effective, comprehensive and strategic approach to eliminate the crime and public nuisance problems associated with problem alcoholic beverage outlets. Contractor agrees to implement ABC’s Minor Decoy, Shoulder Tap Programs and conduct Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) Inspections. These programs target both ABC licensed premises and individuals who furnish alcoholic beverages to the underage operators. The project is targeted to reduce underage drinking and the resultant DUI driving injuries and fatalities, and/or property damages, reduce youth access to alcoholic beverages through the education of licensee(s), enforcement intervention and the impressions of omnipresence of law enforcement. In addition, Contractor agrees to the following goals: 1. The operation period of the grant is July 1, 2023 through June 30, 2024. 2. Contractor agrees to raise public awareness that selling, serving and/or furnishing alcoholic beverages to individuals under twenty-one years old is a criminal violation that will be prosecuted by local city and district attorneys. 3. Minor Decoy operations are designed to educate and deter licensed locations from selling/furnishing alcohol to minors. Contractor agrees to conduct Minor Decoy Operations at both On-Sale” and “Off-Sale” licensed establishments within the operation period of the grant. 4. Shoulder Tap operations are used to detect and deter adult furnishers outside of a licensed business. Contractor agrees to conduct Shoulder Tap Operations at “Off-Sale” licensed locations to apprehend adults that are unaffiliated with the licensed businesses and who are purchasing alcohol for minors outside of the stores within the operation period of the grant. 5. Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) primary goal is to educate licensee’s on alcohol related laws to help reduce alcohol-related crime in and around licensed premises. Contractor agrees to conduct visits and inspections of licensed premises identifying areas of non-compliance at “On-Sale” and “Off-Sale” licensed locations within the operation period of the grant. II. GOALS AND OBJECTIVES 1. Conduct at least five (5) Minor Decoy operations. 2. Conduct at least five (5) Shoulder Tap operations, including participating in the Statewide operation conducted by ABC. 3. Conduct at least five (5) IMPACT (Informed Merchants Preventing Alcohol-Related Crime Tendencies) operations. Page 141 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Agreement Number: 23-APP09 City of Chula Vista through the Chula Vista Police Department Page 2 of 2 4. Conduct at least three (3) undercover minor in possession operations at the Amphitheater. 5. Provide press/social media releases on grant enforcement activities. A. To announce the start of the program; B. At the conclusion of each Minor Decoy Operation has been held (to announce the number of licensed premises who sold to the minor decoy) C. At the conclusion of each Shoulder Tap Operation has been held (to announce the number of adults arrested for purchasing alcoholic beverages for the decoy). 7. Contractor will fax (916) 419-2599 or email each press release to the Department’s Public Information Officer (pio@abc.ca.gov) as soon as it is released. 8. Contractor agrees in all press releases, in addition to any credits the agency wishes to give, will include the following statement: “This project is part of the Department of Alcoholic Beverage Control’s Alcohol Policing Partnership.” Contractor agrees to complete and submit monthly reports, on a format designed and provided by the Department of Alcoholic Beverage Control due no later than 15th of the following month. III. PROJECT REPRESENTATIVES The project representatives during the term of this agreement will be: Chula Vista Police Department Tyler Sinclair, Detective 315 Fourth Avenue Chula Vista, CA 91910 619) 409-5852 tsinclair@chulavistapd.org Department of Alcoholic Beverage Control Brandon Shotwell, Supervising Agent in Charge 3927 Lennane Drive, Suite 100 Sacramento, CA 95834 916) 419-2329 Brandon.shotwell@abc.ca.gov Direct all fiscal inquiries to: Chula Vista Police Department Bryant Shimizu, Management Analyst 315 Fourth Avenue Chula Vista, CA 91910 619) 409-5467 bshimizu@chulavistapd.org Department of Alcoholic Beverage Control Kristine Okino, Grant Coordinator 3927 Lennane Drive, Suite 100 Sacramento, CA 95834 Kristine.okino@abc.ca.gov Page 142 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Agreement Number: 23-APP09 City of Chula Vista through the Chula Vista Police Department Page 1 of 3 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS I. INVOICING AND PAYMENT For services satisfactorily rendered and upon receipt and approval of the invoice, the Department of Alcoholic Beverage Control agrees to pay a monthly payment of approved reimbursable costs per the Budget Detail of personnel overtime and benefits (actual cost) and/or allowable costs. Invoices shall clearly reference this contract number (23-APP09) and must not exceed the contract total authorized amount of $75,000.00. Invoices are to be submitted by the 15th of every month, on the prescribed form designed by the Department of Alcoholic Beverage Control. Submit to: Department of Alcoholic Beverage Control Attn: Kristine Okino, Grant Coordinator 3927 Lennane Drive Sacramento, California 95834 Payment shall be made in arrears within 30 days from the receipt of an undisputed invoice. Nothing contained herein shall prohibit advance payments as authorized by Item 2100-101-3036, Budget Act, Statues of 2023. Contractor understands in order to be eligible for reimbursement; cost must be incurred on or after the effective date of the project, July 1, 2023 and on or before the project termination date, June 30, 2024. Revisions to the “Scope of Work” and the “Budget Detail” may be requested by a change request letter submitted by the Contractor. If approved, the revised Grant Scope of Work and/or Budget Detail supersedes and replaces the previous grant and will initiate an amendment. No revisions can exceed allotted amount as shown on the Budget Detail. The total amount of the grant must remain unchanged. Contractor agrees to refund to the State any amounts claimed for reimbursement and paid to Contractor which are later disallowed by the State after audit or inspection of records maintained by the Contractor. Only the costs displayed in the Budget Detail are authorized for reimbursement by the State to Contractor under this agreement. Any other costs incurred by Contractor in the performance of this agreement are the sole responsibility of Contractor. Title shall be reserved to the State for any State-furnished or State-financed property authorized by the State which is not fully consumed in the performance of this agreement. Contractor is responsible for the care, maintenance, repair, and protection of any such property. Inventory records shall be maintained by Contractor and submitted to the State upon request. All such property shall be returned to the State upon the expiration of this grant unless the State otherwise directs. Prior approval by the State in writing is required for the location, costs, dates, agenda, instructors, instructional materials, and attendees at any reimbursable training seminar, workshop or conference, and over any reimbursable publicity or educational materials to be made available for distribution. Contractor is required to acknowledge the support of the State whenever publicizing the work under this grant in any media. Page 143 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Agreement Number: 23-APP09 City of Chula Vista through the Chula Vista Police Department Page 2 of 3 II. BUDGET DETAIL COST CATEGORY TOTAL COST A. Personnel Services Overtime Officer ($84.10/hour @ 450 hours) $37,845.00 Agent ($94.82/hour @ 160 hours) $15,171.00 Sergeant ($112.78/hour @ 100 hours) $11,278.00 Benefits – (1.45%) $706.00 TOTAL Personnel $65,000.00 B. Operating Expenses (receipts required) Buy Money $2,500.00 TOTAL Operating $2,500.00 C. Equipment (receipts required, must be purchased by 12/31) Surveillance Equipment (must seek approval) $2,500.00 TOTAL Equipment $2,500.00 D. Travel Costs Registration, transportation, per diem, lodging $2,500.00 TOTAL Travel $2,500.00 GRANT TOTAL $75,000.00 Page 144 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Agreement Number: 23-APP09 City of Chula Vista through the Chula Vista Police Department Page 3 of 3 III. BUDGET CONTINGENCY CLAUSE It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount. IV. PROMPT PAYMENT CLAUSE Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927. Page 145 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Agreement Number: 23-APP09 City of Chula Vista through the Chula Vista Police Department Page 1 of 4 EXHIBIT C GENERAL TERMS AND CONDITIONS 1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained. 2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties. 3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment. 4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896). 5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement. 6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute. 7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand. 8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State. Page 146 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Agreement Number: 23-APP09 City of Chula Vista through the Chula Vista Police Department Page 2 of 4 9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205). 10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2,§11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. 11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto. 12. TIMELINESS: Time is of the essence in this Agreement. 13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided. 14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California. 15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below. Page 147 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Agreement Number: 23-APP09 City of Chula Vista through the Chula Vista Police Department Page 3 of 4 a. The Government Code Chapter on Antitrust claims contains the following definitions: 1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. 2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552. c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554. 16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that: a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. Page 148 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Agreement Number: 23-APP09 City of Chula Vista through the Chula Vista Police Department Page 4 of 4 17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby. 18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of 200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353. 19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS: a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.) b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; 2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.) 20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).) Page 149 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Agreement Number: 23-APP09 City of Chula Vista through the Chula Vista Police Department Page 1 of 1 EXHIBIT D SPECIAL TERMS AND CONDITIONS 1. Disputes: Any disputes concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Director, Department of Alcoholic Beverage Control, or designee, who shall reduce his decision in writing and mail or otherwise furnish a copy thereof to the Contractor. The decision of the Department shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the Contractor mails or otherwise furnishes to the State a written appeal addressed to the Director of the Department of Alcoholic Beverage Control. The decision of the Director of Alcoholic Beverage Control or his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the contractor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, Contractor shall proceed diligently with the performance of the contract and in accordance with the decision of the State. 2. Cancellation/Termination: This agreement may be cancelled or terminated without cause by either party by giving thirty (30) calendar days advance written notice to the other party. Such notification shall state the effective date of termination or cancellation and include any final performance and/or payment/invoicing instructions/requirements. No penalty shall accrue to either party because of contra ct termination. 3. Contract Validity: This contract is valid and enforceable only if adequate funds are appropriated in Item 2100-101-3036, Budget Act of 2023, for the purposes of this program. 4. Contractor Certifications: By signing this agreement, Contractor certifies compliance with the provisions of CCC 04/2017, Standard Contractor Certification Clauses. This document may be viewed at: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services- Resources-List-Folder/Standard-Contract-Language 5. If the State determines that the grant project is not achieving its goals and objectives on schedule, funding may be reduced by the State to reflect this lower level of project activity and/or cancel the agreement. Page 150 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 151 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 152 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 153 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 154 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 155 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 156 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 157 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 158 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 159 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 160 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda v . 0 03 P a g e | 1 August 8, 2023 ITEM TITLE Agreement: Approve an Agreement with Systems Integrated for Software Control System onSITE Support and Task Order Services Report Number: 23-0161 Location: No specific geographic location Department: Public Works 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 approving a five-year agreement with Systems Integrated for Software Control System Support Services for the annual maintenance of the onSITE SCADA system and task order services with a total not-to-exceed amount of $750,000 over the life of the agreement, which is five (5) years. SUMMARY Systems Integrated has been servicing the Supervisory Control and Data Acquisition (SCADA) system since they designed and built the City’s system in the early 2000s. The SCADA system is an interactive system that alarms the sewage lift station operators of potential problems that may lead to an accidental sewage spill. Systems Integrated have been a reliable partner in providing continuous updates to software, hardware, maintenance, and assistance in troubleshooting complex system problems. The proposed contract with Systems Integrated will provide for annual software support services and task order work (as needed). The proposed term of the contract is five years and has a potential total agreement value of $750,000. Staff recommends that City Council approve the System Integrated Software Control System (onSITE) and Task Order Services Maintenance Agreement. 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 a governmental Page 161 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda P a g e | 2 fiscal/administrative activity 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 subject to CEQA. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION Systems Integrated has been servicing the Supervisory Control and Data Acquisition (SCADA) system since they designed and built the City’s system in the early 2000s. They have been a reliable partner in the continuous updates to software, hardware, maintenance, and assistance in troubleshooting complex system problems. Their onSITE program is proprietary and is necessary for the integration of the tabular display to onSITE screens for ease of monitoring, troubleshooting, and trending lift station to ensure proper operation. The SCADA system is an interactive system that alarms the sewage lift station operators of potential problems that may lead to an accidental sewage spill. The service agreement ensures that all of the latest updates to software, computer servers, and the radios the interconnect system are working at optimum levels to ensure connectivity and prevent accidental sewage spills. The proposed agreement with Systems Integrated will provide onSITE System support services on annual basis and includes software support including: • Hot Patches • Updated revisions to onSITE software • Validation of continued operation of onSITE with the installation of operating system upgrades (provided 3rd party upgrade software is installed) • Disc cleanup • Network monitoring/management • Isolation of hardware problems • Support for recording of software as a result of hardware failure (over the phone support) • RTU firmware upgrades • RTU firmware support • LCD firmware upgrades • LCD firmware support • Database maintenance • Re-loading/Re-synchronizing of onSITE databases as a result of a hardware failure Page 162 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda P a g e | 3 The proposed term of the agreement is five years. The following table reflects the costs for the onSITE System support services for the term of the agreement: SUPPORT CONTRACT PERIOD PER MONTH ANNUAL Year 1 7/1/2023 6/30/2024 $3,183.00 $38,196.00 Year 2 7/1/2024 6/30/2025 $3,278.00 $39,336.00 Year 3 7/1/2025 6/30/2026 $3,376.00 $40,512.00 Year 4 7/1/2026 6/30/2027 $3,477.00 $41,724.00 Year 5 7/1/2027 6/30/2028 $3,581.00 $42,972.00 Total $202,740.00 Additionally, the agreement allows for task order work on an as-needed basis. The total not-to-exceed amount for the term of the five contract is $750,000. Chula Vista Municipal Code (CVMC) section 2.56.070 provides that purchases over $100,000 shall be awarded to the lowest responsive and responsible bidder following a competitive bid process, subject to the exceptions identified therein. CVMC section 2.56.070(B)(4) provides for the award of a contract, without competitive bidding, where the service is available from only one known source as a result of unique performance capabilities or compatibility requirements, in the discretion of the Purchasing Agent, after consultation with the Director of the procuring department. Here, the City’s current SCADA system has been in place for over twenty years and Systems Integrated has proprietary software that supports the City’s SCADA system. Further, City staff does not recommend seeking a replacement of the SCADA system at this time as the system is performing satisfactorily and seeking a replacement would require increased staff time and costs to obtain and implement the new system. Therefore, due to the unique p erformance capabilities of Systems Integrated and the compatibility requirements of its proprietary software with the SCADA system, the Purchasing Agent has determined, in her discretion and has consulted with the Director of the procuring department, that the award of the contract to Systems Integrated is not subject to City’s competitive bidding requirements pursuant to CVMC 2.56.070(B)(4). 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 Councilmember, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. Page 163 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda P a g e | 4 CURRENT-YEAR FISCAL IMPACT The fiscal year 2023-2024 software support services total $38,196; the budget for these services is included in the Sewer Service Revenue Fund budget. Approval of this resolution has no fiscal impact to the General Fund. ONGOING FISCAL IMPACT The annual cost for the years two to five for the software support services will increase by approximately 3% per year with the final year costs totaling $42,972. This expense will be considered as part of the annual budget development process and will be funded by Sewer Service Revenue Fund. The agreement also allows for as needed task order work. The total potential value of the five-year contract is $750,000. ATTACHMENTS 1. Agreement - Systems Integrated Software Control System onSITE Support and Task Order Services Staff Contacts: Angelica Aguilar, Assistant Director of Public Works Joe Allshouse, Pump Maintenance Supervisor Page 164 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SYSTEMS INTEGRATED SOFTWARE CONTROL SYSTEM ONSITE SUPPORT AND TASK ORDER SERVICES AGREEMENT BETWEEN THE CITY AND SYSTEMS INTEGRATED WHEREAS, Chula Vista Municipal Code (CVMC) section 2.56.070 provides the bidding procedures and requirements for purchases of equipment or services exceeding $100,000; and WHEREAS, CVMC section 2.56.070(B)(4) provides that the purchase of a service available from only one known source as the result of unique performance capabilities or compatibility requirements shall not be subject to competitive bidding requirements, in the discretion of the Purchasing Agent, after consultation with the Director of the p rocuring department; and WHEREAS, Systems Integrated has been servicing the Supervisory Control and Data Acquisition (SCADA) system for the City since they designed and built the system over twenty years ago; and WHEREAS, Systems Integrated has proprietary software that supports the SCADA system; and WHEREAS, due to the unique performance capabilities of Systems Integrated and the compatibility requirements of its proprietary software with the SCADA system, the Purchasing Agent has determined, in her discretion, and upon consultation with the Director of the procuring department, that the award of the contract to Systems Integrated qualifies for an exception from the City’s competitive bidding requirements pursuant to CVMC 2.56.070(B)(4); and WHEREAS, staff recommends awarding a contract to Systems Integrated for a term of five years to provide software support services and task order work on an as -needed basis for the SCADA system, with a not-to-exceed amount of $750,000 over the term of the agreement; and WHEREAS, funding for the first year of the agreement has been appropriated in the fiscal year 2023-24 Sewer Service Revenue Fund budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it approves the Systems Integrated Software Control System Onsite Support and Task Order Services Agreement Between the City and Systems Integrated, 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. Page 165 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Presented by Approved as to form by Matt Little Jill D.S. Maland Director of Public Works Lounsbery Ferguson Altona & Peak Acting City Attorney Page 166 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda SYSTEMS INTEGRATED SOFTWARE CONTROL SYSTEM ONSITE SUPPORT and TASK ORDER SERVICES Agreement Number 2023-130 THIS AGREEMENT (“Agreement”) is by and between City of Chula Vista (“Customer or City”), with a principal place of business at 276 Fourth Ave., Bldg.B, Chula Vista, CA 91910 and Systems Integrated, located at 2200 North Glassell Street, Orange, California 92865 (“SI”), collectively the “Parties.” Whereas, the City wishes to establish a Control System Support Services Contract with Systems Integrated for the annual maintenance of the ONSITE SCADA System (“System” or “Systems"), and Whereas, the City also wishes to engage the services of Systems Integrated to perform various tasks on an “as needed” basis (“Task Orders”), associated with the operation of the City’s SCADA System during the period of this Agreement; and Whereas, in order for the City to provide for specific work not included in the annual maintenance of the ONSITE SCADA System, this Agreement shall include both the annual maintenance cost and a not to exceed Task Order value. The Task Order value shall be encumbered only upon the City’s execution of a Task Order; Now, therefore, the Parties, in consideration of the premises, agree as follows in the Agreement and Exhibits: EXHIBITS: Exhibit 1 General Terms & Conditions Revision 05/23 Exhibit 2 System Description Revision 05/23 Exhibit 3 Maintenance Services & Charges Revision 05/23 Exhibit 4 Invoice & Services Information Revision 05/23 Exhibit 5 ONSITE System Support Revision 05/23 ATTACHMENT A: Task Order Form The SI ONSITE software support services are furnished only for the ONSITE software System that Customer previously purchased from SI, unless otherwise expressly agreed by the Parties. SI unilaterally may revise its support services as described in the attached Exhibits, provided only that SI has forwarded a revised Exhibit describing such revised service to the Customer at least sixty (60) days prior to its effective date. If so, provided in the revised Exhibit, the Customer may elect to continue receiving support services under the terms of the existing Exhibits. SI may offer new support services to Customer by forwarding a copy of a new Exhibit that describes such services. An order from the Customer for provision of any of the support services described in a new Exhibit shall constitute acceptance by the Customer, and this Agreement automatically shall then include that new Exhibit. Customer agrees (i) that the Agreement constitutes the entire agreement, understanding and representations, expressed or implied, between the Customer and SI with respect to the support services to be furnished thereunder, and (ii) that the Agreement supersedes and cancels all prior agreements, negotiations, commitments, representations and communications between the parties, including all oral and written proposals, in respect of the subject matter of this Agreement. Page 167 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 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. Upon acceptance by both Parties, this Agreement shall be effective July 1, 2023 (the Effective Date). Accepted By: Agreed To: SYSTEMS INTEGRATED CITY OF CHULA VISTA SI) (Customer) By: By: Authorized Signature Authorized Signature Susan Corrales-Diaz John McCann Typed Name Typed Name President Mayor Title Title 2200 North Glassell Street By: Street Address Authorized Signature Orange CA 92865 Kerry K. Bigelow, MMC City State Zip Typed Name City Clerk Telephone No. Title Date APPROVED AS TO FORM By: Authorized Signature Jill D.S. Maland, Lounsbery Ferguson Altona & Peak Typed Name Acting City Attorney Title Date Page 168 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda SYSTEMS INTEGRATED CONTROL SYSTEM SUPPORT SERVICES EXHIBIT 1 GENERAL TERMS AND CONDITIONS 1. GENERAL The General Terms and Conditions contained herein shall be applicable to the furnishing of support services by Systems Integrated to Customer as provided in this Agreement, which as previously defined includes this Exhibit 1 and all other Exhibits to this Agreement. 2. ELIGIBLE EQUIPMENT/SOFTWARE 2.1 The Customer represents that it is the owner of, or is duly authorized to utilize, the software System that (i) is to be supported under this Agreement and (ii) is described in Exhibit 2 to this Agreement. 2.2 Only Systems, which are in normal operating condition and, as applicable, that are at SI’s currently supported levels are eligible for coverage under this Agreement. If, in SI’s opinion, maintenance is required to return the System to normal operating condition, or to bring any applicable software components of the System to the currently supported level, SI will offer to perform such work at its standard services rates then in effect prior to placing the System under the coverage of this Agreement. 3. ORDERS FOR ONSITE SYSTEM SUPPORT SERVICES 3.1(a) Unless otherwise provided, the support services provided in this Agreement shall commence on the Effective Date of July 1, 2023 . Requests for support services shall be initiated by Service Requests”, which may be (i) an oral request for Corrective Maintenance or (ii) a written request through SI’s service portal. All charges for SI support services shall be adjusted to reflect any changes to the Customer’s control system. All Service Requests are subject to (i) acceptance by SI, and (ii) the order of precedence stated in paragraph 12 of this Exhibit 1. b) In the event that Customer requests SI to provide support services under this Agreement for hardware or software products, (i) either not installed by SI; (ii) installed by SI but not previously included in the SI ONSITE System support services agreement, or (iii) to perform other work associated with the SCADA System that is not covered by the Agreement, SI will prepare and provide the Customer a quote for labor, material and other direct costs to perform the requested work in the form of a Task Order Attachment A – Task Order form). Task Orders shall be valid for ninety (90) days after the date SI submits the completed Task Order quote to the Customer. Customer’s written acceptance of SI’s Task Order quote will initiate Systems Integrated to begin Task Order work. c) Under no condition shall Customer be liable for cost in excess of the Agreement value. SI shall advise the Customer whether a Task Order Request exceeds the Agreement value. 4. CONDITIONS OF SUPPORT SERVICES Systems Integrated shall be under no obligation to furnish software support services under this Agreement should repair be required because of improper use or modification of the ONSITE software, or any related hardware failure. If support services are required as a result of any of the causes stated above, such services shall be provided at SI’s standard service rates for labor, travel, and material in effect at the time of service. Page 169 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 5. RELOCATION OF SYSTEMS 5.1 The Customer shall give SI thirty (30) days written notice prior to any relocation of the System covered by the ONSITE support services being provided under this Agreement. 5.2 If the System is moved, it shall continue to be serviced under this Agreement at no additional charge, provided that the remote network access is maintained. 5.3 For a System that will continue to be serviced after relocation, SI shall, at its option, assist the Customer in dismantling such System and shall inspect and reinstall the System at the new location. These services are provided at an additional charge to the Customer at SI’s standard service rates for labor, travel, and material in effect at the time of service. The Customer shall furnish all labor and materials for packing and placement of the System in the new location. 5.4 The Customer shall be responsible for any and all loss or damage to the System during relocation. 6. EXCLUSIONS SI software support services do not include any hardware components or supplies. 7. CONTRACT TERM 7.1 The term of this Agreement shall be five (5) years from the Effective Date, July 1, 2023 Initial Term”). 7.2 The term of this Agreement shall be from July 1, 2023 to June 30, 2028, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. 7.3 Except as otherwise provided in this subparagraph, the Customer may terminate this Agreement at any time upon written notice to SI, and SI may terminate the Agreement any time upon sixty (60) days prior written notice to the Customer. Notwithstanding, the minimum term of this Agreement shall be three (3) calendar months unless otherwise specified. 8. WARRANTY FOR SYSTEM SUPPORT SERVICES AND LIMITATION OF LIABILITY 8.1 For support services regarding software or consisting of consulting, training or documentation, SI’s warranty shall be limited to providing such services on a “Commercially Reasonable Efforts” basis. 8.2 Any warranty associated with any work performed by SI on a Task Order, will be defined as part of the Task Order. 8.3 EXCEPT FOR THOSE WARRANTIES STATED IN SUBPARAGRAPHS 8.1 AND 8.2 OF THIS PARAGRAPH 8, NO OTHER WARRANTY IS EXPRESSED OR IMPLIED. SI SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Page 170 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 8.4 The remedies provided herein are Customer’s sole and exclusive remedies. Whether with respect to SI’s obligations as regards the above-stated warranty or as otherwise provided in this Agreement, SI shall not be liable for any direct, indirect, special, incidental or consequential damages (including, but not limited to System down time, loss of data, loss of use, loss of profits) whether based on contract, tort, or any other legal theory, even if SI had prior knowledge thereof. 8.5 SI shall defend, indemnify and save harmless, to the extent permitted by law, the City, its members, officers, agents, servants, and employees against and from all suits, losses, demands, claims, payments, actions, recoveries, judgments and costs of every kind and description and from all damages to which the City or any of its members, officers, agents, servants and employees may be subjected by reason of injury to person or property of others resulting from the performance of the services under this Agreement, or through any act or omission on the part of SI or its agents, employees, servants or subcontractor(s), or through any improper or defective machinery, implements or appliances used or supplied by SI, its agents, employees, servants or subcontractor(s) in the performance of this Agreement, and SI understands and agrees that it shall defend, indemnify and save harmless, to the extent permitted by law, the City, its members, officers, agents, servants and employees from all suits and actions of any kind or character whatsoever which may be brought or instituted by any subcontractor, material man or laborer who has performed work or furnished materials, in the performance of this Agreement. 9. CHARGES 9.1 The software support services rate specified in Exhibit 3 are those in effect as of the Effective Date, unless otherwise specified. 9.2 The Customer may prepay for support services up to one (1) year in advance at SI’s prevailing charge at time of payment. Prepaid services must have a commencement date of not more than ninety (90) days after payment. Increases that would otherwise take effect during the prepaid period shall be delayed until the end of the period and shall be effective at the date of any subsequent prepaid period. 9.3 Charges for support services performed outside the specified periods of coverage, or for other services not covered by this Agreement, will be invoiced separately at SI’s standard service rates in effect at the time such services are rendered. 9.4 Task Orders will be prepared by SI upon the Customer’s request, to define the scope of work and the associated charges (i.e. materials, labor and other direct costs) to perform the work. Task Order pricing will be based upon SI’s standard rates in effect during the current Agreement. Customer’s written acceptance of SI’s Task Order quote will initiate Systems Integrated to begin Task Order work. Task Order work will be charged separately to the Customer under this Agreement upon completion of the work. 9.5 When the Customer requests that SI incur commercial travel and/or per diem expenses because of extended travel not included in this Agreement, those expenses will be charged to the Customer and shown as separate items on the SI invoice. 9.6 Unless otherwise stated in writing by SI, all charges shall be exclusive of state and local use, sales, property (ad valorem) and similar taxes. The Customer agrees to pay such taxes, and when applicable, such taxes will appear as separate items on SI’s invoice. 10. INVOICING 10.1 Charges for support services will be invoiced in advance, as specified herein. Invoices for other charges described in Paragraph 9 of this Exhibit will be submitted as those charges are incurred. Page 171 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 10.2 Unless otherwise stated in writing by SI, the Customer shall pay all invoices issued under this Agreement within thirty (30) days from date of invoice. Any payments not made within this time period are considered to be delinquent. 11. INSURANCE SI shall provide insurance coverages to insure this Agreement and the work performed under this Agreement, to be maintained throughout the term of the Agreement as follows: A. General Liability Form: Commercial General Liability in a form providing coverage not less than that of a standard Occurrence Commercial General Liability policy form including separate limits for Personal Injury, and Products/Completed Operations. Coverage to include Contractual Liability. Limits: $1,000,000 per occurrence/$2,000,000 general aggregate. $l,000,000 for Products/Completed Operations. $1,000,000 for Personal Injury Liability without a third party action over exclusion. B. Workers' Compensation: Form: Providing coverage to all employees in all states where operations will be performed under the terms of the Contract. Limits: As required by the Workers' Compensation Law of the State of California or any State or Federal body having jurisdiction over the location of operations being performed. C. Business Automobile Liability: Business Automobile Liability insurance, including Owned, Hired and Not Owned Autos. Form: Bodily Injury and Property Damage coverage in a combined single limit of not less than 1,000,000. D. Miscellaneous: 1) SI shall add the City to its insurance policies as an additional insured pursuant to the terms of Section 11. SI shall not be considered "approved" until it has obtained all insurance required by Section 11 and such insurance has been approved by the City. 2) Insurance coverage shall be provided by an Insurance Company licensed as an "admitted carrier" by the State having jurisdiction over the location of performance and rated by "Bests" at "A-" or better, or as otherwise deemed acceptable to the City. 3) Insurance coverage shall be evidenced by a Certificate of Insurance submitted in a form acceptable to the City. The City may request a letter of transmittal from the Insurance Company providing coverage indicating that the certificate is issued correctly and pursuant to their authorization. 4) Thirty (30) day notice of cancellation, non-renewal or reduction of coverage is required. 5) The interest of the City, as additional insured for ongoing operations, as well as, products/completed operations and as primary insurance with no responsibility for payment of premium shall be added to all policies other than Workers' Compensation. Evidence of this extension shall be by signed endorsement to the policy, such endorsement to be submitted to the City with the applicable Page 172 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda certificate of insurance. Mere recitation of the additional insured interest on the certificates may not be acceptable. 6) The City will be notified of any significant impairment or exhaustion of any of the above limits at the inception of or during the Agreement. 7) Subcontractors shall adhere to the above. 8) The City is not responsible for any loss or damage whatsoever to the property of SI or its subcontractor(s). 9) All certificates of insurance shall contain the following provisions: a. Nature of work described on certificate (in case of liability or compensation certificates) shall be inclusive of work provided for under this project. b. Location of work described shall be inclusive of the location of the work provided under this Agreement. c. The period of certificates shall cover the period of the work or a new certificate shall be furnished before the current certificate expires. 10) The Customer shall be the sole judge in determining the acceptability of insurance requirements. 12. ORDER OF PRECEDENCE This Agreement and all Exhibits and Attachments hereto take precedence over Customer’s additional or different terms and conditions and constitute the entire understanding between the Parties relating to transactions hereunder. Acceptance by the Customer is limited to SI’s terms and conditions. NOTICE OF OBJECTION IS HEREBY GIVEN TO THE CUSTOMER’S ADDITIONAL OR DIFFERENT TERMS AND CONDITIONS, AS SUCH MAY BE PROPOSED BY A SERVICE REQUEST, PURCHASE ORDER, ACKNOWLEDGMENT, INVOICE OR OTHERWISE. Neither SI’s commencement nor completion of performance hereunder shall be deemed or construed as acceptance of the Customer’s additional or different terms and conditions. 13. LICENSE FOR SOFTWARE Any and all modifications of the software for the System, whether the software was provided by SI or one or more third parties, shall be subject to the terms of the applicable licenses under which such software was originally supplied. In particular, and except as stated in the applicable license, Customer acknowledges and agrees that all right, title and interest in and to such software is and shall remain the sole property of Systems Integrated or such third parties, as appropriate. 14. MISCELLANEOUS 14.1 Customer agrees and acknowledges that SI, at its option, has the right to subcontract, assign, or transfer any or all of its rights, duties or obligations, in part or in whole, that are contained in this Agreement. 14.2 Any dispute arising hereunder shall first be resolved by taking the following steps where a successive step is taken if the issue is not resolved at the preceding step: 1) by the technical and contractual personnel for each Party performing this Agreement, 2) by executive management of each Party, 3) by mediation, or 4) in the event of litigation, by a court sitting in San Diego, California and applying the laws of the State of California. Page 173 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Both Parties agree that in any action to enforce the terms of this Agreement, each Party shall be responsible for its own attorneys’ fees and court costs incurred in enforcing a judgment or settlement. 14.3 SI reserves the right to withhold without liability, but with prior written notice, any support services authorized by the Customer under this Agreement if the Customer is delinquent in payment for any services. 14.4 In the event of any proceedings, voluntary or involuntary, in bankruptcy or insolvency by or against the Customer, or in the event of the appointment, with or without the Customer’s consent, of any assignee for the benefit of creditors, or of a receiver, SI may elect to cancel any unfilled part of this Agreement. SI’s failure to exercise any of its rights hereunder shall not constitute or be deemed a waiver or forfeiture of such rights. 14.5 Stenographical, typographical and clerical errors are subject to correction. 14.6 No U.S. Government procurement regulation shall be binding on either party unless specifically agreed to in writing prior to incorporation herein. 14.7 Any notices required to be given hereunder shall be given in writing at the address of each party set forth in this Agreement, or to such other address as either party may substitute by written notice to the other. 14.8 With respect to the System or any components thereof, including technical data, supplied by SI directly or through others, Customer agrees that any export or re-export of such items shall be in compliance with the Export Administration Regulations issued by the Department of Commerce of the United States and other export controls of computer hardware, software media, technical date and direct products of technical data. Page 174 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda SYSTEMS INTEGRATED CONTROL SYSTEM SUPPORT SERVICES EXHIBIT 2 SYSTEM DESCRIPTION The following is a list of the System software covered by this support Agreement. The drawing is for the purpose of defining the size and components that are utilizing the control System software at the time of this Agreement. Software: ONSITE Page 175 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda SYSTEMS INTEGRATED CONTROL SYSTEM SUPPORT SERVICES EXHIBIT 3 SERVICES INCLUDED IN MAINTENANCE SUPPORT AND CHARGES Item Qty Description 1 1 ea ONSITE Software Support including: Hot Patches Updated revisions to ONSITE software Validation of continued operation of ONSITE with the installation of operating system upgrades (provided if software installed the 3rd party upgrade) Disc cleanup Network monitoring/management Isolation of hardware problems Support for recording of software as a result of hardware failure over the phone support) RTU firmware upgrades RTU firmware support LCD firmware upgrades LCD firmware support Database maintenance Re-loading/Re-synchronizing of ONSITE databases as a result of a hardware failure. Total cost of ONSITE System support services for each year is provided in the table below: SUPPORT CONTRACT PERIOD PER MONTH ANNUAL Year 1 7/1/2023 6/30/2024 $3,183.00 $38,196.00 Year 2 7/1/2024 6/30/2025 $3,278.00 $39,336.00 Year 3 7/1/2025 6/30/2026 $3,376.00 $40,512.00 Year 4 7/1/2026 6/30/2027 $3,477.00 $41,724.00 Year 5 7/1/2027 6/30/2028 $3,581.00 $42,972.00 Task Order work will be quoted separately. The aggregate total funds for ONSITE System support services and Task Order work under this Agreement shall not exceed a total amount of $ 750,000 per term of contract. Page 176 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda SYSTEMS INTEGRATED CONTROL SYSTEM SUPPORT SERVICES EXHIBIT 4 INVOICE AND SERVICES INFORMATION SHEET I. PAYMENT AND BILLING A. Payment for System support services performed, or to be performed, by SI shall be made by Customer upon the submission of SI invoices to Customer. Customer’s billing address is asfollows: City of Chula Vista Company Name 276 Fourth Avenue, Building B Street Address Chula Vista CA 91910 City State Zip Attn: Accounts Payable Contact: B. For the service changes described in paragraph 3.1(a) of Exhibit 1, Customer shall issue either a Service Request to SI, which may be in the form of a purchase order, for SI to invoice against in accordance with the terms and conditions of this Agreement. C. For the additional support services (“Task Orders”) listed in paragraph 3.1 (b) of Exhibit 1, shall follow the terms and conditions of this Agreement. D. The normal monthly service billing rate for the System described on Exhibit 2 is shown on Exhibit 3. All normal monthly service billing shall be in advance of such normal services. Customers may request SI to issue invoices on a quarterly basis. II. CUSTOMER AND SI REPRESENTATIVES A. Customer’s Technical Representatives are: Larry Pomatto ( Primary David De Leeuw ( Secondary B. Customer’s Purchasing Representative is: Name Telephone Page 177 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda C. Customer’s Representatives authorized to initiate Out-of-Coverage Service; Extended Coverage or Task Orders: Primary Telephone Secondary Telephone D. SI Service Representatives are: Larry Pomatto ( Primary David De Leeuw ( Secondary E. SI Service Telephone No.: 800-738-0906 Page 178 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda SYSTEMS INTEGRATED CONTROL SYSTEMS MAINTENANCE SERVICES EXHIBIT 5 ONSITE SYSTEM SUPPORT I. ONSITE SYSTEM SUPPORT SERVICES A. At Customer Site Services: The standard annual maintenance does not include “at customer site” services. B. Corrective Maintenance: Corrective maintenance includes the diagnosis and correction of system malfunctions and failures. Requests for this service may be made as provided in Paragraph 3.1 (a) of Exhibit 1. Remedies may consist of temporary procedures to be followed by the Customerwhile a permanent remedy is being sought. Corrective Maintenance will be provided as described in paragraph C of section I of this Exhibit 5, and will continue uninterrupted, as long as reasonable progress is being made, until the System is operational. If SI determines that additional resources are required, the service will be interrupted and will resume as soon as these resources are available. C. Hours of Coverage: SI will provide the support services described 24-hours per day, 7-days per week (“Coverage Days”). D. Response Time: Response time for Corrective Maintenance under this Agreement is measured in Coverage Days from the time a Service Request is received by SI to the time an SI engineer begins work on the problem. SI shall respond to a Service Request within 4 hours of network access (remote access to the system is required). E. Network Access Security: SI shall restrict access to the Customer’s network, only to authorized SI employees that are providing software support. All SI employees have either been NERC certified and/or have DOD cyber security clearance. II. OPTIONAL SUPPORT SERVICES: In the event that the Customer requests SI to provide support services under this Agreement for hardware or software products either not installed by SI or installed by SI but not previously included in the SI ONSITE maintenance support services agreement, SI will prepare and provide the Customer a quote for labor, material and other direct costs to perform the requested work in the form of a Task Order Attachment A – Task Order form). Task Orders shall be valid for ninety (90) days after the date SI submits the completed Task Order quote to the Customer. Customer’s written acceptance of SI’s Task Order quote will initiate Systems Integrated to begin Task Order work. III. LIMITATIONS OF SOFTWARE SUPPORT SERVICES: A. Qualified Devices: Any device which SI has provided the license or installed the software is considered a Qualified Device for purposes of support services. B. Other Than Qualified Devices: Software support will not be covered under this Agreement for other than qualified devices. 1) If, in the opinion of SI, performance of support services is made more difficult or impaired because of an Other Than Qualified Device, the Customer will temporarily remove the device at Customer’s expense for the purpose of allowing SI to maintain the system. Page 179 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 2) The Customer is solely responsible for the compatibility of any Other Than Qualified Devices. IV. RESPONSIBILITIES OF CUSTOMER: A. Access: The Customer will provide SI with the following: 1) Access to the SCADA System covered under this Agreement via a high-speed Network. 2) Access to and use of all information and facilities determined to be necessary by SI to service the system. B. Data Reconstruction: The Customer is responsible for maintaining a procedure external to the system for reconstruction of lost or altered files, data, or programs to the extent deemed necessary by the Customer and for actually reconstructing any lost or altered files, data or programs. SI, as part of this Agreement, will assist in the restoration of the system using the backups maintained by the Customer. C. Operating Procedures: The Customer will follow routine operator procedures as specified in the original equipment manufacturer’s operating manuals for the system’s components. D. Operating Supplies: The Customer will provide operating supplies and consumables such as paper, CDs, DVDs, flash drives, external disk drives and such similar equipment the Customer would use during normal operations. E. Data Security: The Customer is responsible for safeguarding the confidentiality and security of its proprietary and classified information. Page 180 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda ATTACHMENT A SAMPLE TASK ORDER FORM Task Order Task No.: Date Requested: Order/Contract/P.O.: Requested By: Statement of the Work Requested: Deliverables: Costs: Labor: Materials: Other Direct Costs: TOTAL COSTS: $ Notes: Task Order Prepared by: Date Task Order Submitted: Customer Acceptance of Task Order: Date of Acceptance: NOTE: Customer’s signed acceptance of a submitted Task Order constitutes approval for SI to proceed with the work. Task Orders will remain valid for ninety (90) days after date of submission to Customer. Page 181 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda v . 0 03 P a g e | 1 August 8, 2023 ITEM TITLE Agreement: Approve an Amendment to an Agreement with Kleinfelder Construction Inc. for On-Call CIP Construction Management Report Number: 23-0157 Location: No specific geographic location Department: Engineering 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 a resolution approving the first amendment to the consultant services agreement with Kleinfelder Construction Inc. for on-call CIP construction management to increase the maximum allowable payment for services performed through June 2024 to $4,000,000. SUMMARY The City of Chula Vista (“City”) and Kleinfelder Construction, Inc. (“Kleinfelder”) previously entered into an On-Call CIP Construction Management agreement on August 23, 2022 (the “Agreement”). The City and Kleinfelder desire to amend the Agreement to continue the on-call construction management and inspection services for CIP projects, including Measure P funded projects, by increasing the maximum allowable payment amount for services performed through June 2024 to $4,000,000. 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. Page 182 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION The Department of Engineering and Capital Projects manages preliminary engineering, design, construction management, and inspection of the City’s CIP projects, including Measure P projects. Due to the increase in funding associated with Measure P, Gas Tax and Transnet, the current fiscal year’s CIP Program exceeds $66 million. Staff anticipates the increase in the number of CIP projects will continue for the next few years. The City made commitments to deliver improvements for infrastructure throughout C hula Vista which takes significant effort to plan, fund, and construct. Kleinfelder assists with the construction management and inspection of CIP projects, including Measure P funded projects, when workload exceeds the capacity of existing City staffing levels. On August 23, 2022, by Resolution No. 2022-0193, Council approved the Agreement with Kleinfelder for On- Call CIP Construction Management (Attachment 1). The Agreement authorized payment to Kleinfelder through June 2024 in an amount not to exceed $2,000,000 with three additional options to extend for a total compensation amount not to exceed $5,000,000. Since then, Kleinfelder has managed and inspected construction of various CIP, Measure P and Developer funded projects for the Engineering and Capital Projects Department. Kleinfelder provides personnel that are experienced in a variety of construction methods, field inspection, construction management, and contract administration. Kleinfelder has performed satisfactorily and has provided well qualified staff with experience and expertise. City Staff recommends increasing the maximum allowable initial agreement term payment amount for Kleinfelder by $2,000,000, for a not to exceed compensation amount of $4,000,000 through June 2024, and a total not to exceed compensation amount of $7,000,000 if all three options to extend the agreement are exercised. 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 All fees for Consultant's services will be paid from funds already allocated for CIP or developer funded projects. The two-year contract is eligible for three one-year extensions upon mutual agreement. The costs associated with delivering a project, with the use of a consultant, may increase as staff’s oversight would be required, in addition to the consultant fees. Page 183 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda P a g e | 3 ONGOING FISCAL IMPACT There is no ongoing fiscal impact associated with the proposed action as consultant's services will be paid from funds already allocated for CIP or developer funded projects. ATTACHMENTS 1. Original Consultant Services Agreement 2. First Amendment to the Consultant Services Agreement Staff Contact: Chester Bautista, Associate Civil Engineer, Engineering and Capital Projects Page 184 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda C:\Program Files\eSCRIBE\TEMP\1950557529\1950557529,,,Resolution(1).docxW:\Inspect\CM On-Call Consultants\2022 OnCall CIP Construction Management Services\Contracts\Kleinfelder\First Amendment\Resolution First Amendment for KCS.docx RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE EXISTING CONSULTING SERVICES AGREEMENT BETWEEN THE CITY AND KLEINFELDER CONSTRUCTION INC. FOR ON-CALL CIP CONSTRUCTION MANAGEMENT CONSULTING SERVICES. WHEREAS, due to the increase in funding associated with Measure P, Gas Tax and Transnet, the current Fiscal Year’s CIP exceeds $66,0000,000; and WHEREAS, staff anticipates an increase in the number of CIP Projects will continue for the next few years; and WHEREAS, Kleinfelder Construction Services, Inc. (“Kleinfelder”) assisted with the construction management and inspection of CIP projects when workload exceeds current staffing levels; and WHEREAS, Kleinfelder provided personnel that are experienced in a wide variety of construction methods, field inspection, construction management and contract administration; and WHEREAS, on August 23, 2022, Council approved the Consultant Services Agreement with Kleinfelder Construction Services, Inc.; and WHEREAS, the City has identified additional work that it desires to have Consultants perform pursuant to the terms of the Original Agreement; and WHEREAS, the parties anticipate that the performance of the additional work will require payment to the Consultant in excess of the maximum amount of $2,000,000 set forth in Exhibit A, Section 4.B. of the Original Agreement for the initial term; and WHEREAS, the City and Kleinfelder agree to amend the Consultant Services Agreement to provide additional on-call construction management and inspection services for CIP projects, including Measure P-funded projects, by increasing the Kleinfelder initial term compensation limit by $2,000,000, for a not-to-exceed initial term compensation amount of $4,000,000, and a total not to exceed compensation amount of $7,000,000 if all three options to extend the agreement are exercised. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the First Amendment to the Consultant Services Agreement between the City of Chula Vista and Kleinfelder, in the form presented, with such modifications as the City Attorney may approve or require, 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. Page 185 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda C:\Program Files\eSCRIBE\TEMP\1950557529\1950557529,,,Resolution(1).docxW:\Inspect\CM On-Call Consultants\2022 OnCall CIP Construction Management Services\Contracts\Kleinfelder\First Amendment\Resolution First Amendment for KCS.docx Presented by William S. Valle Director of Engineering & Capital Projects Approved as to form by Jill D.S. Maland Lounsbery Ferguson Altona & Peak Acting City Attorney Page 186 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 1 City of Chula Vista Agreement No.: 2022-138 Consultant Name: KLEINFELDER CONSTRUCTION SERVICES, INC., Rev. 9/15/20 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH KLEINFELDER CONSTRUCTION SERVICES, INC., TO PROVIDE ON-CALL CIP CONSTRUCTION MANAGEMENT. This Agreement is entered into effective as of August 23, 2022 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and KLEINFELDER CONSTRUCTION SERVICES, INC.,, a California Corporation (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, the City has a Capital Improvement Program (CIP) for improvements at various locations throughout the City; and WHEREAS, the City has identified the need to enlist qualified consultants to assist with the construction management activities on (CIP) projects and other City projects, and WHEREAS, on March 4, 2022 a Request for Proposal/Qualifications for Professional Services for Construction Management Services was issued for various Capital Improvement Program (CIP) projects and other City projects; and, WHEREAS, the consultant selection committee determined Kleinfelder Construction Services, Inc., as one of four (4) Consultants to provide the construction management services; and, WHEREAS, the Consultant selection process was conducted in accordance with Section 2.56.110(C) of the Chula Vista Municipal Code; 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: ADCAEA15-E58D-4C22-A358-D886001B54BE R2022-193 Page 187 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 2 City of Chula Vista Agreement No.: 2022-138 Consultant Name: KLEINFELDER CONSTRUCTION SERVICES, INC., Rev. 9/15/20 DocuSign Envelope ID: ADCAEA15-E58D-4C22-A358-D886001B54BE Page 188 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 3 City of Chula Vista Agreement No.: 2022-138 Consultant Name: KLEINFELDER CONSTRUCTION SERVICES, 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.” Consultant shall not be responsible for delays caused by circumstances beyond its reasonable control. 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 applicable 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. DocuSign Envelope ID: ADCAEA15-E58D-4C22-A358-D886001B54BE Page 189 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 4 City of Chula Vista Agreement No.: 2022-138 Consultant Name: KLEINFELDER CONSTRUCTION SERVICES, INC., Rev. 9/15/20 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 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 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. 2.5 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. 2.6 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: ADCAEA15-E58D-4C22-A358-D886001B54BE Page 190 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 5 City of Chula Vista Agreement No.: 2022-138 Consultant Name: KLEINFELDER CONSTRUCTION SERVICES, 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, and agents 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, and agents. 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: ADCAEA15-E58D-4C22-A358-D886001B54BE Page 191 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 6 City of Chula Vista Agreement No.: 2022-138 Consultant Name: KLEINFELDER CONSTRUCTION SERVICES, 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 DocuSign Envelope ID: ADCAEA15-E58D-4C22-A358-D886001B54BE Page 192 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 7 City of Chula Vista Agreement No.: 2022-138 Consultant Name: KLEINFELDER CONSTRUCTION SERVICES, INC., Rev. 9/15/20 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 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 DocuSign Envelope ID: ADCAEA15-E58D-4C22-A358-D886001B54BE Page 193 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 8 City of Chula Vista Agreement No.: 2022-138 Consultant Name: KLEINFELDER CONSTRUCTION SERVICES, INC., Rev. 9/15/20 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. 7. OWNERSHIP AND USE OF WORK PRODUCT DocuSign Envelope ID: ADCAEA15-E58D-4C22-A358-D886001B54BE Page 194 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 9 City of Chula Vista Agreement No.: 2022-138 Consultant Name: KLEINFELDER CONSTRUCTION SERVICES, INC., Rev. 9/15/20 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. 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 DocuSign Envelope ID: ADCAEA15-E58D-4C22-A358-D886001B54BE Page 195 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 10 City of Chula Vista Agreement No.: 2022-138 Consultant Name: KLEINFELDER CONSTRUCTION SERVICES, INC., Rev. 9/15/20 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. 8.11 Site Access. The Consultant, may, for the successful and timely completion of services, request that City provides timely access to the site, including third party sites, if required. End of page. Next page is signature page.) DocuSign Envelope ID: ADCAEA15-E58D-4C22-A358-D886001B54BE Page 196 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 11 City of Chula Vista Agreement No.: 2022-138 Consultant Name: KLEINFELDER CONSTRUCTION SERVICES, 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. KLEINFELDER CONSTRUCTION SERVICES, INC., CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ Rich Fitterer, PE, QSD MARIA V. KACHADOORIAN Area Manager CITY MANAGER APPROVED AS TO FORM BY: ________________________________ Glen R. Googins City Attorney DocuSign Envelope ID: ADCAEA15-E58D-4C22-A358-D886001B54BE Page 197 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 12 City of Chula Vista Agreement No.: 2022-138 Consultant Name: KLEINFELDER CONSTRUCTION SERVICES, 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: Jonathan Salsman 1800 Maxwell Road, Chula Vista CA 91911 619-397-6115 jsalsman@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: KLEINFELDER CONSTRUCTION SERVICES, INC., Mark Plotnikiewicz, Project Manager 5761 Copley Drive, Suite 100 San Diego, CA 92111 858) 223-8480 mplotnikiewicz.com For Legal Notice Copy to: KLEINFELDER CONSTRUCTION SERVICES, INC., 5761 Copley Drive, Suite 100 San Diego, CA 92111 858) 223-8500 2. Required Services A. General Description: Consultant shall provide project management and construction management consultant services at the direction and to the satisfaction of the City Engineer for City of Chula Vista construction projects on an “as-needed” and per project/assignment basis (each a “Task Order”) at the sole discretion of the City Task Orders will range from complete construction project management and administration for a project to minor construction management tasks depending on the needs of the City. Typical projects for which construction management consulting services may be required include: Pavement Rehabilitation, Sewage Pump Station Construction and Rehabilitation, Sewer Construction and Rehabilitation, Traffic Signal Modifications, Street Widening Improvements, ADA Curb Ramp and Sidewalk Replacement, Signage and Striping, Stormwater Permanent BMP Construction, and similar work. B. Detailed Description: 1 Construction Management Services. Consultant will provide project management and construction management services for civil infrastructure projects and other City projects as provided in a Task Order. DocuSign Envelope ID: ADCAEA15-E58D-4C22-A358-D886001B54BE Page 198 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 13 City of Chula Vista Agreement No.: 2022-138 Consultant Name: KLEINFELDER CONSTRUCTION SERVICES, INC., Rev. 9/15/20 Each Task Order will include a not-to-exceed fee for all time, materials, and costs permitted to be incurred for that Task Order. Consultant acknowledges and agrees that the City is not required to request that Consultant provide any Required Services per a Task Order under this Agreement. Consultant acknowledges and agrees that it is not entitled to any compensation under this Agreement until such time that it has provided Required Services as explicitly authorized and approved by the City in accordance with a Task Order and this Agreement. 2 Personnel. Consultant will provide qualified project managers, construction managers, inspectors, engineers and/or construction specialists experienced in a wide variety of construction methods, project management, contract administration and other related duties. All consultants shall have knowledge of City codes, procedures, and regulations as well as Knowledge of SDRSD, Greenbook Specifications, Caltrans Std. Plans and Specifications, City of Chula Vista Construction Standards, City of Chula Vista Subdivision Manual, and City of Chula Vista Standard Special Provisions. Consultants shall also have knowledge of requirements for local, state and federally funded projects. The City shall have the right to make a determination as to the qualifications or performance of individual personnel and shall have the right to require substitution of personnel. If such substitution is not immediately effectuated, City may cancel the Task Order. 3 On-Call Services. Consultant acknowledges and agrees that service requests from the City under this Agreement will be on an “as-needed” and per Task Order basis sole discretion of the City. 4 Task Order Proposal. Prior to issuance of a Task Order, Consultant shall confer with the Contract Administrator and identify the scope of the Task Order. Consultant shall provide the City with a cost proposal for work in the Task Order. The cost proposal shall set a not-to-exceed price and break down of hours per unit of work and person completing the work. 5 Scope of Work. Consultant will provide the following services as needed on each project or assignment: 5.1 Consultant shall be able to provide qualified construction inspectors, landscape inspectors, electrical inspectors, engineers and/or construction managers experienced in a wide variety of construction methods, project management, field inspection, traffic signal inspection, contract administration, landscape inspection, utility potholing, and other related duties. 5.2 Supervise Contractor’s traffic control, detours, lane closures and staging plans. 5.3 Conduct on-site monitoring and inspection of construction activities to ensure contractor compliance with: all construction contract specifications, plans, and schedules; all NPDES General Construction and MS4 Stormwater permits & permit conditions. 5.4 Conduct stormwater inspections, monitoring and reporting for pre-construction activities and post-construction Best Management Practices. 5.5 Conduct landscaping and irrigation inceptions in accordance with all codes and regulations, per typical industry practice. 5.6 Conduct electrical inspections to certify electrical construction accordance with all codes and regulations, per typical industry practice. Typical electrical inspections include pump station, traffic signals, ROW lighting, and other non-building City infrastructure. 5.7 Monitor contractor’s compliance with all federal, state and local safety rules and regulations. 5.8 Conduct and/or participate in mandatory safety training. DocuSign Envelope ID: ADCAEA15-E58D-4C22-A358-D886001B54BE Page 199 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 14 City of Chula Vista Agreement No.: 2022-138 Consultant Name: KLEINFELDER CONSTRUCTION SERVICES, INC., Rev. 9/15/20 5.9 Preparation and submittal of daily reports of construction activities, including equipment and labor usage, description of work, location, progress, current issues. 5.10 Preparation and submittal of weekly statement of working days. 5.11 Photo document the project site and construction activities prior, during and after completion of all work. 5.12 Interpretation of contract specifications and plans as required. 5.13 Coordination of City or consultant supplied surveying and testing services. 5.14 Perform office tasks including, but not limited to: CPM schedule reviews; maintain project files (both paper and electronic); prepare project correspondence; prepare and maintain project fiscal records; and other duties as required relative to contract administration for the assignment. 5.15 Verification of contractor prevailing wage payments and compliance with federal and state labor regulations. 5.16 Calculation of quantities and preparation of payment estimates. 5.17 Preparation of contract change orders and necessary supporting documents and forms. 5.18 Review, investigate, and recommend action on submittals & requests for information. 5.19 Coordination with utilities, state and local agencies, and the public. 5.20 Analyze, investigate, and recommend action on potential claims, contract disputes, and claims. 5.21 Preparation of final reports and as-built drawings for the project. 5.22 Compliance with Caltrans Local Assistant Program for federally funded projects. 5.23 Utility location verification services by potholing methods for location and depth verification. Scope of this task does not include services normally provided by Underground Service Alert of Southern California (811, USA, Dig Alert, https://www.california811.org/). 6 Standards for Deliverables. 6.1 The Consultant shall make project documentation available to City of Chula Vista at any time during the project. At the conclusion of the project, the CM Consultant shall provide the City with all project documentation including, but not limited to: 6.1.1 Correspondence 6.1.2 Submittals 6.1.3 Requests for Information 6.1.4 Pay requests 6.1.5 Design change notifications 6.1.6 As-built drawings and specifications 6.1.7 Quality Assurance/Code test and inspection results 6.1.8 Deficiency notices 6.1.9 Change orders 6.1.10 Meeting minutes 6.1.11 Daily field reports 6.2 The Consultant shall compile the construction documents in a final Construction Summary Report. Copies containing the report shall be submitted to the City no more than 30 days following construction completion. 7 Plan Review. Consultant may also be requested to review design plans, specifications, estimates, proposals, studies and general engineering documents prepared by other engineers for constructability. DocuSign Envelope ID: ADCAEA15-E58D-4C22-A358-D886001B54BE Page 200 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 15 City of Chula Vista Agreement No.: 2022-138 Consultant Name: KLEINFELDER CONSTRUCTION SERVICES, INC., Rev. 9/15/20 8 Performance. 8.1 Provide services in accordance with specific projects on an As-Needed basis. 8.2 Commencement of work under this Agreement shall occur only upon receipt of a Task Order signed by the City. 8.3 The cost of each Task Order under this Agreement shall be the negotiated cost for a specific project during the term of the Agreement using firm fixed price, or not to exceed price, or hourly rates. 8.4 Deliverables required are project specific and will be determined in the Task Order. 8.5 Consultant will provide for their staff all vehicles, tools, safety equipment, computer equipment, software, consumables and accessories required for the work. 9 Software and Methodology. Consultant will identify software and methodology used for Project completion and deliverables, which shall require prior approval of the City. 10 Records. Consultant will provide the City all original field notes, data, reports, records, photos etc. of field and office tasks. Further, the Consultant shall maintain copies of all records related to the project tasks performed for a period of five years 11 Meetings. All Project meetings are to be included in project scope and minutes shall be provided to the City for approval. 12 Conflict of Interest. Consultant shall not retain any clients who are doing work under permits or contractual agreements with the City of Chula Vista unless otherwise approved in writing by City Engineer. 13 Work not listed in Schedule. If an occasion arises 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 the Consultant. The negotiated price(s) shall not exceed the Schedule of Charges labeled as Exhibit D to this agreement between the City and Consultant 14 No Assurance. Consultant acknowledges and agrees that the City is not required to request any services from Consultant via a Task Order under this Agreement. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin August 23, 2022 and end on June 30, 2024 for the completion of all Required Services. If City desires for Consultant to continue to provide Required Services on Projects that are in-progress at the expiration date of this Agreement, the City may, in its sole discretion, extend the term of this Agreement by administrative amendment to a date needed to complete the Required Services . 4. Compensation: A. Form of Compensation Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B., above, City shall pay Contractor for the productive hours of time spent by Consultant in the performance of the Required Services, at the rates or amounts as indicated below: DocuSign Envelope ID: ADCAEA15-E58D-4C22-A358-D886001B54BE Page 201 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 16 City of Chula Vista Agreement No.: 2022-138 Consultant Name: KLEINFELDER CONSTRUCTION SERVICES, INC., Rev. 9/15/20 See Exhibit D for Applicable Hourly Rates B. Reimbursement of Costs For the cost of out of pocket expenses requested by the City and incurred by Consultant in the performance of Required Services, City shall pay Consultant at the rates or amounts set forth below: Initial Scope meeting No Cost In County Travel Time No Cost Reports, Original, Mylar No Cost Copies, Reproductions of Final Reports/Mylars Cost Plus 10% Outside Services Cost Plus 15% Delivery Cost Plus 10% Long Distance Telephone Charges No Cost Other Actual Identifiable City- Approved Direct Costs Cost Plus 10% Mileage IRS Standard Mileage Rate Written City-Approved Overtime To be negotiated at time of written request and approved by City 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 the original invoice. Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through June 2024 shall not exceed $2,000,000. . 5. Special Provisions: Permitted Sub-Consultants: For Sub-Consultant list see Exhibit E. 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 maximum amount to be paid to Consultant for services performed during the option term(s) shall be as follows: Option Year 1 (July 1, 2024 – June 30, 2025): $1,000,000.00* Option Year 2 (July 1, 2025 – June 30, 2026): $1,000,000.00* Option Year 3 (July 1, 2026 – June 30, 2027): $1,000,000.00* Amounts duly approved but not encumbered during the original Term or previously exercised option(s)-to- extend may be carried over, in City’s sole discretion, to increase the maximum amounts during the option terms. 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. At this time the Consultant may submit a written request to the City to increase the amounts specified in Exhibit D by up to three and a half percent (3.5%) for each extension. DocuSign Envelope ID: ADCAEA15-E58D-4C22-A358-D886001B54BE Page 202 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 17 City of Chula Vista Agreement No.: 2022-138 Consultant Name: KLEINFELDER CONSTRUCTION SERVICES, INC., Rev. 9/15/20 Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through June 30, 2027 shall not exceed $5,000,000. . Other: Labor Code Compliance: Consultant and each of its subconsultants/subcontractors will comply with the State of California’s prevailing wage rate requirements in accordance with California Labor Code, and all Federal, State, and local laws and ordinances applicable to persons employed by them for public works in a covered work classification. When payment of prevailing wages apply to the Required Services the wage rates and transportation and subsistence costs shall be reimbursed at the minimum rates set by the Department of Industrial Relations, State of California (DIR). The State’s prevailing wage rates determinations are available from the DIR home page at www.dir.ca.gov/oprl/. The City has ascertained that general prevailing wage rates may be applicable to all or a portion of the work to be performed for the Required Services. To verify compliance with State prevailing wage requirements, the DIR maintains an online registry of contractors to which Consultant and/or its subconsultants/subcontractors will be required to submit certified payrolls. Subject to the exceptions provided in the California Labor code, no Consultant or any of its subconsultants/subcontractors shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work unless currently registered with the DIR and qualified to perform public work pursuant to California Labor Code section 1725.5. When payment of prevailing wages applies to the Required Services, this Agreement becomes subject to compliance monitoring and enforcement by the DIR. Nothing contained above shall be construed to any way limit Consultant’s obligations to comply with all laws and regulations. DocuSign Envelope ID: ADCAEA15-E58D-4C22-A358-D886001B54BE Page 203 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 18 City of Chula Vista Agreement No.: 2022-138 Consultant Name: KLEINFELDER CONSTRUCTION SERVICES, 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 DocuSign Envelope ID: ADCAEA15-E58D-4C22-A358-D886001B54BE Page 204 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 19 City of Chula Vista Agreement No.: 2022-138 Consultant Name: KLEINFELDER CONSTRUCTION SERVICES, INC., Rev. 9/15/20 EXHIBIT C CONSULTANT 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 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 EXCLUDED4 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: Jonathan Salsman 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: ADCAEA15-E58D-4C22-A358-D886001B54BE Page 205 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 20 City of Chula Vista Agreement No.: 2022-138 Consultant Name: KLEINFELDER CONSTRUCTION SERVICES, INC., Rev. 9/15/20 EXHIBIT D RATE SCHEDULE KLEINFELDER CONSTRUCTION SERVICES DocuSign Envelope ID: ADCAEA15-E58D-4C22-A358-D886001B54BE Page 206 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 21 City of Chula Vista Agreement No.: 2022-138 Consultant Name: KLEINFELDER CONSTRUCTION SERVICES, INC., Rev. 9/15/20 DocuSign Envelope ID: ADCAEA15-E58D-4C22-A358-D886001B54BE Page 207 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 22 City of Chula Vista Agreement No.: 2022-138 Consultant Name: KLEINFELDER CONSTRUCTION SERVICES, INC., Rev. 9/15/20 DocuSign Envelope ID: ADCAEA15-E58D-4C22-A358-D886001B54BE Page 208 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 23 City of Chula Vista Agreement No.: 2022-138 Consultant Name: KLEINFELDER CONSTRUCTION SERVICES, INC., Rev. 9/15/20 DocuSign Envelope ID: ADCAEA15-E58D-4C22-A358-D886001B54BE Page 209 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 24 City of Chula Vista Agreement No.: 2022-138 Consultant Name: KLEINFELDER CONSTRUCTION SERVICES, INC., Rev. 9/15/20 DocuSign Envelope ID: ADCAEA15-E58D-4C22-A358-D886001B54BE Page 210 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 25 City of Chula Vista Agreement No.: 2022-138 Consultant Name: KLEINFELDER CONSTRUCTION SERVICES, INC., Rev. 9/15/20 DocuSign Envelope ID: ADCAEA15-E58D-4C22-A358-D886001B54BE Page 211 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 26 City of Chula Vista Agreement No.: 2022-138 Consultant Name: KLEINFELDER CONSTRUCTION SERVICES, INC., Rev. 9/15/20 DocuSign Envelope ID: ADCAEA15-E58D-4C22-A358-D886001B54BE Page 212 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 27 City of Chula Vista Agreement No.: 2022-138 Consultant Name: KLEINFELDER CONSTRUCTION SERVICES, INC., Rev. 9/15/20 DocuSign Envelope ID: ADCAEA15-E58D-4C22-A358-D886001B54BE Page 213 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 28 City of Chula Vista Agreement No.: 2022-138 Consultant Name: KLEINFELDER CONSTRUCTION SERVICES, INC., Rev. 9/15/20 DocuSign Envelope ID: ADCAEA15-E58D-4C22-A358-D886001B54BE Page 214 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 29 City of Chula Vista Agreement No.: 2022-138 Consultant Name: KLEINFELDER CONSTRUCTION SERVICES, INC., Rev. 9/15/20 DocuSign Envelope ID: ADCAEA15-E58D-4C22-A358-D886001B54BE Page 215 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 30 City of Chula Vista Agreement No.: 2022-138 Consultant Name: KLEINFELDER CONSTRUCTION SERVICES, INC., Rev. 9/15/20 AIRX UTILITY SURVEYORS DocuSign Envelope ID: ADCAEA15-E58D-4C22-A358-D886001B54BE Page 216 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 31 City of Chula Vista Agreement No.: 2022-138 Consultant Name: KLEINFELDER CONSTRUCTION SERVICES, INC., Rev. 9/15/20 EXHIBIT E LIST OF SUBCONSULTANTS Subconsultant Role Contact Information Reddy Engineering Civil/Landscape Inspectors 9655 Granite Ridge Dr. San Diego, CA 92123 Ph: 858-308-2801 CA Wehsener Engineering Electrical Inspectors 10453 Russell Rd. La Mesa, CA 91941 Ph: 760-594-1958 STC Traffic Traffic Inspectors 5973 Avenida Encinas #218 Carlsbad, CA 92008 Ph: 760-602-4290 AirX Utility Services Potholing 785 E Mission Rd. Ste 100 San Marcos, CA 92069 Ph: 760480-2347 Guida Surveying Surveying 380 State Pl. Escondido, CA92029 Ph: 760-317-9819 Gonzalez White Consulting Services Labor Compliance Teresa Gonzalez-White Ph: 619-518-1821 DocuSign Envelope ID: ADCAEA15-E58D-4C22-A358-D886001B54BE Page 217 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda ACN# 2023-183 FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND KLEINFELDER CONSTRUCTION SERVICES INC. TO PROVIDE ON-CALL CIP CONSTRUCTION MANAGEMENT CONSULTING SERVICES This First Amendment “Amendment” is entered into effective as of August 8, 2023 “Effective Date” by and between the City of Chula Vista (“City”) and Kleinfelder Construction Services, Inc. Consultant” with reference to the following facts: RECITALS WHEREAS, City and Consultant previously entered into the City of Chula Vista Consultant Services Agreement with Kleinfelder Construction Services, Inc. to Provide On-call CIP Construction Management, (“Original Agreement”) (Agreement Control Number 2022-138 and Resolution Number 2022-193) on August 23, 2022; and WHEREAS, the City has identified additional work that it desires to have Consultant perform pursuant to the terms of the Original Agreement; and WHEREAS, the parties anticipate that the performance of the additional work will require payment to Consultant in excess of the maximum amount of $2,000,000 set forth in Exhibit A, Section 4.B. of the Original Agreement; and WHEREAS, Section 8.1 of the Original Agreement provides that the parties are permitted to modify the Agreement by means of a written amendment executed by both parties; and WHEREAS, the parties wish to increase the not to exceed compensation amount for the initial term as shown in Exhibit A, Section 4.B. of the Original Agreement, from $2,000,000.00 to 4,000,000.00; and WHEREAS, the parties wish to increase the total not to exceed compensation amount of the term of the agreement if all three optional extensions are exercised as shown in Exhibit A, Section 5 of the Original Agreement, from $5,000,000 to $7,000,000. NOW THEREFORE, in consideration of the above recitals and the mutual obligations of the parties set forth herein, City and Consultant agree as follows: 1. Exhibit A, Scope of Work and Pay Terms, Section 4.B. of the Original Agreement is amended as follows: Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for the services performed through June 2024, shall not exceed $2,000,000 4,000,000.” 2. Exhibit A, Scope of Work and Pay Terms, Section 5 of the Original Agreement is amended as follows: DocuSign Envelope ID: 737F8367-A832-4647-A8AD-1D7E01E4E6CA Page 218 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 2 Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for the services performed through June 30, 2027, shall not exceed $5,000,000 7,000,000.” 3. Except as expressly provided herein, all other terms and conditions of the Original Agreement 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 Amendment on the behalf of such party are duly authorized agents with authority to do so. End of page. Next page is signature page.] DocuSign Envelope ID: 737F8367-A832-4647-A8AD-1D7E01E4E6CA Page 219 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 3 FIRST AMENDMENT TO CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH PROJECT PROFESSIONALS CORPORATION TO PROVIDE ON-CALL CIP CONSTRUCTION MANAGEMENT CONSULTING SERVICES KLEINFELDER CONSTRCUTION SERVICES, INC., CITY OF CHULA VISTA BY: BY: Rich Fitterer, PE, QSD JOHN MCCANN Area Manager MAYOR ATTEST BY: ________________________________ KERRY BIGELOW, MMC City Clerk APPROVED AS TO FORM BY: ________________________________ Jill D.S. Maland Lounsbery Ferguson Altona & Peak Acting City Attorney DocuSign Envelope ID: 737F8367-A832-4647-A8AD-1D7E01E4E6CA Page 220 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda v . 0 03 P a g e | 1 August 8, 2023 ITEM TITLE Grand Jury Report: Accept the 2022/2023 San Diego County Grand Jury Report on Governance of San Diego Bay and its Tidal Lands and Regions and Authorize the Mayor to Sign a Response Letter Report Number: 23-0205 Location: San Diego Unified Port District Tidelands Located in the City of Chula Vista Department: City Manager Environmental Notice: This activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt a resolution accepting the 2022/2023 San Diego County Grand Jury Report on Governance of San Diego Bay and its Tidal Lands and Regions and authorizing the Mayor to sign a response letter on behalf of the Mayor and City Council. SUMMARY On June 7, 2023, the 2022/2023 San Diego County Grand Jury (the “Grand Jury”) filed a report on Governance of San Diego Bay and its Tidal Lands and Regions (the “Grand Jury Report”). The Grand Jury Report contained a total of fifteen (15) findings and four (4) recommendations directed to the Mayors and City Councils of the five (5) Port District member cities, including Chula Vista. Penal Code Sections 933 and 933.05 require that the City submit responses to the applicable findings and recommendations to the Presiding Judge within 90 days of the filing of the Grand Jury Report. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with 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. Page 221 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION The Grand Jury Report is the product of an investigation by the Grand Jury of the San Diego Unified Port District (the “Port District”), the County of San Diego, and the five (5) Port District member cities of Chula Vista, Imperial Beach, Coronado, San Diego, and National City. The goal of the investigation was to assess how the subject organizations interact around the governance of San Diego Bay tidal lands and resources (Attachment 1). Per the Grand Jury Report, “[t]his assessment was undertaken in response to a perception that the Port of San Diego and its unelected seven-member Board of Commissioners is not accountable to either the elected officials or the electorate of its five member cities or the County of San Diego, especially in the planning, development and implementation of projects in those cities.” In the Grand Jury Report, the Grand Jury reviews previous Grand Jury reports on the Port District, reviews the Port District’s creation, governance, relation to State agencies, and funding. The Grand Jury Report also describes conflicts and issues surrounding the Port District’s operations in regard to the equitable representation of residents of the five Port cities and their governing bodies, as well as the County of San Diego and its residents. Lastly, the Grand Jury Report discusses the Port District’s planning process and how its proposed projects have affected its member cities and the County of San Diego. The Grand Jury Report makes the following findings: Finding 1*: Port Commissioners are only required to represent the perspectives, not the interests of the Port City appointing them to the Board of Port Commissioners. Finding 2: The Port District acts as an independent special district without direct oversight from local city or county governments. Finding 3: Because the interests of residents of Port Cities and the County of San Diego are subject to the interpretations of the unelected Board of Port Commissioners, their interests may not be hea rd, prioritized or represented accurately. Finding 4: Briefings by Port Commissioners to Port City Councils in noticed public meetings regarding issues affecting their jurisdictions, will increase the level of public participation and knowledge regarding Port District activities, Port Master Plans, Master Plan Updates, Port Master Plan amendments or additions. Finding 5*: Currently, the Board of Port Commissioners does not have term limits. Considering term limits would foster democratic principles by providing more opportunities for diverse and talented individuals to serve, prevent the accumulation of influence, and uphold the public trust by keeping the Board representative responsive to its community. Finding 6*: With three of seven port commissioners appointed to the Board of Port Commissioners by the City of San Diego, the potential exists for the City of San Diego to exert dominance over the priorities, resources and decisions of the Port District. Page 222 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda P a g e | 3 Finding 7*: The Port District is incentivized to maximize revenue to fund its operations, a goal that may crate conflict of interest in the priorities, allocation of resources and other decisions made by the Port Commission. Finding 8*: Success in the development of the Chula Vista Hotel and Convention Center has been obtained because of a close collaboration and alignment of interests between the Port District and the City of Chula Vista. Finding 9: The Port Commissioners decision to move short-haul truck staging for local deliveries of Dole Fruit products relocated a source of pollution from the Barrio Logan community to communities in National City. Finding 10: The controversy surrounding the Mitsubishi Cement Corporation Project’s potential health effects on the Barrio Logan neighborhood and other nearby residents damaged the Port District’s community relations with these communities and contributed to the decision to discontinue the project. Finding 11: Oversight of the Mitsubishi Cement Corporation project by the City of San Diego or San Diego County governments might have given greater priority to the health concerns of community members and resulted in a more equitable balance between economic and health concerns earlier in the project’s evaluation process. Finding 12: The Port’s decision to approve the Cottages at the Cays development proposal could negatively impact access to San Diego Bay and approving the plan favors those willing or able to pay costly hotel rates typical of the Coronado area. Finding 13*: Given a preference for informal channels of communication by Port City councils and mayors with their appointed Port District representatives, neither Port Commissioners nor Port City Councils maintain completely open and transparent relationships allowing for public involvement or awareness of Port District activities. Finding 14*: In its current form, the Port Master Plan and Master Plan Update documents published by the Port District are overly complex, difficult to understand and too broad in scope to foster meaningful comprehension by Port City residents, elected municipal or county officials. Finding 15*: Ratification of Port Master Plans, Master Plan Updates or Master Plan Amendments would allow residents of Port City Planning districts and San Diego County to acknowledge and confirm their understanding of Port District development plans and projects within their municipal and county boundaries and provide reliable documents for communities to plan for the future. Findings 1, 5, 6, 7, 8, 13, 14, and 15 apply to the City of Chula Vista, and are identified with an asterisk in the above list. The Grand Jury Report recommends that the City Councils of the cities of San Diego, Chula Vista, Coronado, Imperial Beach, and National City: Recommendation 23-90: Enact ordinances or policies placing a two-term limit on the number of terms that a Port Commissioner can serve (as already enacted for the City of Coronado). Page 223 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda P a g e | 4 Recommendation 23-91: Institute ordinances or formal policies requiring the appointed Commissioners from each city be required to give at a minimum, quarterly updates to the City Councils at officially scheduled city council meetings open to the public. Recommendation 23-92: Institute ordinances or formal policies that require ratification of the Port Master Plans, proposed Port Master Plan Updates or amendments to the Port Master Plan for Port District planning districts within each city’s boundaries. Recommendation 23-93: In consultation with the San Diego County Board of Supervisors, explore and implement an alternate form of governance for the Port District allowing for participation in, and oversight of Port District activities and decision by the San Diego County Board of Supervisors and the elected city councils of the five Port Cities. California Penal Code §933(c) and 933.05 require that any public agency which the Grand Jury has reviewed, and about which it has issued a final report, provide comment to the Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters under the control of the agency. Such comment shall be made no later than 90 days after the Grand Jury publishes its report (filed with the Clerk of the Court). The Grand Jury Report was filed on June 7, 2023. Staff has carefully reviewed the Grand Jury Report and prepared a response letter (Attachment 2) to the honorable Michael T. Smyth, Presiding Judge of the San Diego County Superior Court, addressing the applicable findings and recommendations of the Grand Jury Report. For each Grand Jury finding, the responding entity much indicate that it 1) agrees with the finding, or that it 2) disagrees wholly or partially with the finding, in which case the response must specify the portion of the finding that is disputed and include an explanation for their disagreement with the finding. The proposed response letter addresses all findings pertaining to matters under the control of the City of Chula Vista. For each Grand Jury recommendation, the responding entity must indicate that 1) the entity has implemented the recommendation; 2) the entity has not yet implemented the recommendation, but will do so in the future, with a time frame for implementation; 3) the recommendation requires further analysis, with a time frame for completing such analysis, not to exceed 6 months from the date of the publication of the Grand Jury report; or 4) the recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation. The proposed response letter provides such response to each recommendation made to the City of Chula Vista. It is requested that the Mayor and City Council accept and review the Grand Jury Report and the prepared response letter. It is further requested that the Mayor and City Council accept the response prepared by staff and authorize the Mayor to sign the letter as a completed response from the City of Chula Vista. 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 Councilmember, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. Page 224 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda P a g e | 5 CURRENT-YEAR FISCAL IMPACT There is no current-year fiscal impact as a result of this action. ONGOING FISCAL IMPACT There is no ongoing fiscal impact as a result of this action. ATTACHMENTS 1. 2022/2023 San Diego County Grand Jury Report – Governance of San Diego Bay and its Tidal Lands and Regions 2. Proposed response letter Staff Contact: Tiffany Allen, Assistant City Manager Page 225 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE 2022/2023 SAN DIEGO COUNTY GRAND JURY REPORT ON GOVERNANCE OF SAN DIEGO BAY AND ITS TIDAL LANDS AND REGIONS AND AUTHORIZING THE MAYOR TO SIGN THE RESPONSE ON BEHALF OF THE MAYOR AND CITY COUNCIL WHEREAS, on June 7, 2023, the San Diego County Grant Jury filed a report titled “Governance of San Diego Bay and its Tidal Lands and Regions” with the Clerk of the Court (the “Grand Jury Report”); and WHERAS, the Grand Jury Report contained fifteen (15) findings, of which eight (8) apply to the City of Chula Vista; and WHEREAS, the Grand Jury Report contained four (4) recommendations directed to the Mayors of City Councils of the five (5) member cities of the San Diego Unified Port District, including Chula Vista; and WHEREAS, pursuant to state law, the City of Chula Vista must respond to the applicable findings and recommendations in the Grand Jury Report within 90 days of its filing; and WHEREAS, staff has carefully reviewed the Grand Jury Report and prepared a response to the Honorable Michael T. Smyth, Presiding Judge of the San Diego Superior Court, as required, addressing the applicable findings and recommendations listed in the Grand Jury Report; and WHEREAS, it is requested that the Mayor and City Council accept the Grand Jury Report and authorize the Mayor to sign the letter as a completed response from the City of Chula Vista. WHEREAS, 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it accepts the 2022/2023 San Diego County Grand Jury Report on Governance of San Diego Bay and its Tidal Lands and Regions and authorizes the Mayor to sign the response on behalf of the Mayor and City Council. Page 226 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Resolution No. Page 2 Presented by Approved as to form by Tiffany Allen Jill D.S. Maland Assistant City Manager Lounsbery Ferguson Altona & Peak Acting City Attorney Page 227 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Todd Gloria, Mayor City of San Diego 202 C Street, 11th Floor San Diego, CA 92101 San Diego City Council City of San Diego 202 C Street, 10th Floor San Diego, CA 92101 GRAND TRY County of San Diego 550 Corporate Center 550 W. C Street, Suite 860 San Diego, CA 92101-3513 619-236-2020 FAX 619-338-8127 httr)://www.sdcounly.ce,gov/qrandiu[y Ed Lopatin, Foreperson June 1, 2023 Unified Port District Commission Board Unified Port District 3165 Pacific Highway San Diego, CA 92101 See attached mailing list for additional respondents. Re: Grand Jury Report— Governance of San Diego Bay and Its Tidal Lands and Regions Dear Ladies and Gentlemen, The 2022/2023 San Diego County Grand Jury herewith provides the referenced report for your review and comment to the Presiding Judge of the Superior Court in compliance with the Penal Code of California §933(c). This report was prepared pursuant to §925 and §925a of the Penal Code. In accordance with Penal Code §933.05(f), a copy of this report is being provided to affected agencies at least two working days prior to its public -release and after -being approved by the Presiding Judge of the Superior Court. Please note that §933.05(f) specifies that no officer, agency, department, or governing body of a public agency shall disclose any contents of the report prior to its public release. This report will be filed with the Clerk of the Court and released to the public on June 7, 2023. Ed Lopatin, Foreperson 2022/2023 SAN DIEGO COUNTY GRAND JURY EL:ar enc. Page 228 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Attached Mailing List John McCann, Mayor Carolina Chavez, Councilmember Governance of San Diego Ray and City of Chula Vista City of Chula Vista s Tidal Lands and Regions Report 276 Fourth Ave 276 Fourth Ave Chula Vista, CA 91910 ` Chula Vista, CA 91910 Jose Preciado, Councilmember City of Chula Vista 276. -.Fourth Ave Chula Vista, CA 91910 Paloma Aguirre, Mayor City of Imperial Beach 825 Imperial Beach Blvd Imperial Beach, CA 91932 Matthew Leyba-Gonzalez, Councilmember City of Imperial Beach 825 Imperial Beach Blvd Imperial Beach, CA 91932 Mike Donovan, Councilmember City of Coronado 1.825 Strand Way Coronado, CA 92118 Casey Tanaka, Councilmember City of Coronado 1825 Strand Way Coronado, CA 92118 Marcus Bush, Councilmember City of National City 1234 National City Blvd National City, CA 91950 Nora Vargas, Chairperson San Diego County Board of Supervisors 1600 Pacific Highway, Room 335 San Diego, CA 92101 Jim Desmond, Supervisor -District 5 San Diego County Board of Supervisors 1600 Pacific Highway, Room 335 San Diego, CA 92101 Alonso Gonzalez, Councilmember City of Chula Vista 276 Fourth Ave Chula Vista, CA 91910 Carol Seabury, Councilmember City of Imperial Beach 825 Imperial Beach Blvd Imperial Beach, CA 91932 Mitch McKay, Councilmember City of Imperial Beach 825 Imperial Beach Blvd Imperial Beach, CA 91932 Carrie Downey, Councilmember City of Coronado 1825 Strand Way Coronado, CA 92118 Ron Morrison, Mayor City of National City 1234 National City Blvd National City, CA 91950 Jose Rodriguez, Councilmember City of National City 1234 National City Blvd National City, CA 91950 Joel Anderson, Supervisor -District 2 San Diego County Board of Supervisors 1600 Pacific Highway, Room 335 San Diego, CA 92101 Andrea Cardenas, Councilmember City of Chula Vista 276 Fourth Ave Chula Vista, CA 91910 Jack Fisher, Councilmember City of Imperial Beach 825 Imperial Beach Blvd Imperial Beach, CA 91932 Richard Bailey,.Mayor City of Coronado 1825 Strand. Way. Coronado, CA 92118 John Duncan, Councilmember City of Coronado. 1825 Strand Way.. Coronado, CA 92118 Luz Molina, Councilmember City of National City 1234 National City Blvd National City, CA 91950 Ditas Yamane, Councilmember City of National City 1234 National City Blvd National City, CA 91950 Terra Lawson-Remer, Supervisor Dist. 3 San Diogo County Board of Supervisors 1600 Pacific Highway, Room 335 San Diego, CA 92101 Page 229 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Governance of San Diego Bay and Its Tidal Lands and Regions A Report by the 2022/2023 San Diego County Grand Jury Filed June 7, 2023 Page 230 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda GOVERNANCE OF SAN DIEGO BAY AND ITS TIDAL LANDS AND REGIONS SUMMARY The 2022/2023 Grand Jury (Grand Jury) undertook an investigation of the San Diego Unified Port District (Port District), the County of San Diego and the five Port Cities of Chula Vista, Imperial Beach, Coronado, San Diego and National City to assess how these organizations interact around the governance of San Diego Bay tidal lands and resources. This assessment was undertaken in response to a perception that the Port of San Diego and its unelected seven -member Board of Commissioners is not accountable to either the elected officials or the electorate of its five member cities or the County of San Diego, especially in the planning, development and implementation of projects in those cities. The Port District is an independent governmental agency created by the State of California and approved by voters in Chula Vista, Coronado,' Imperial Beach, National City and San Diego in 1962 to manage the tidelands and submerged lands of San Diego Bay. This report will briefly review previous Grand Jury reports on the Port District and look at its creation, governance, relation to State agencies, and funding. The Grand Jury will also investigate conflicts and issues surrounding the Port District's operations in regard to the equitable representation of residents of the five Port Cities and their governing bodies, as well as the residents of the County of San Diego and its residents. Finally, the Grand Jury will also discuss the Port District's planning process and how its proposed projects have affected the five Port Cities, the County of San Diego and residents of these regions. The report's recommendations include increasing the Port District's public participation and transparency by: Scheduling regular updates and presentations at publicly noticed open meetings of the city councils of its member cities; Simplification of the Port Master Plans around the Port District Planning Districts falling within each of the Port City's jurisdictional boundaries and three of the County's supervisorial districts; Submitting the Port Master Plan, and all future updates and amendments, to the relevant city council and County Supervisor for discussion and ratification; Lobbying the California State Legislature to introduce legislation enabling the County of San Diego to assume oversight of the activities of the San Diego Unified Port District and decisions of the Board of Port Commissioners, and share in the Port Dist -riot's duty as guardian of the. public, trust in the tidal and submerged lands of San Diego Bay; Depending on the outcome of the legislation recommended above, exploring an alternate form of governance for the Port District, with participation from the County Board of Supervisors and elected officials of the five member cities; Encourage a limit of two four-year terms that a Port Commissioner can serve; Include staff from each of the five cities on each of the Port District's advisory committees; and Post meeting minutes and agendas of each of the Port District's advisory committees on-line. 1 While the 1962 vote to approve creation of the Port involved tallying the combined votes of the five port cities, voters in the City of Coronado voted against Proposition D by a margin of 3 to 1. 2022/2023 SAN DIEGO COUNTY GRAND JURY REPORT (FILED JUNE 7, 2023) Page 231 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda INTRODUCTION We can do whatever we want, right?"2 The words were spoken — and repeated several times-- by a commissioner of the Sail Diego Unified Poit District during a public weeting of the Board of Poit Commissioners. A Commissioner went on to describe what was believed to be "the absolute sovereignty of this board to make any decision that we want from this dais at any time." s The comment was made during a discussion of the changes proposed for the Port District's policy on Capital Improvement Projects, and while made in this specific context, seemed intended to characterize the broad authority and perceived nature of this organization — led by a seven -member unelected board of commissioners, largely autonomous, self-governing, self-funded and independent of oversight by local elected officials. The 2022-23 San Diego County Grand Jury (Grand Jury) is not alone in its concern over the lack of oversight, transparency and accountability of an organization with such far reaching power and jurisdiction. Over the last several decades, two separate San Diego County Grand Juries have reached similar conclusions, the earliest being the 1986-87 Grand Jury and more recently the 1997-98 Grand Jury. The 1986-87 Grand Jury Report concluded, "An enterprise of the scope and importance of the Port District must include a strong concern for community relations, public input and accountability ... yet, in the public's mind, it conducts itself as does a private company, responsible only to its stockholders. The fact is that it is a public corporation, guarding a public trust and spending public money."4 Similarly, the synopsis of the 1997-98 Grand Jury report concluded that the seven commissioners of the Port District "are viewed as operating with almost unlimited discretion regarding how they spend money with minimal accountability. Commissioners are not required to gain approval for their actions from the voting public or even from the city councils which appoint them." 5 In practice, the Port District requires a fiduciary oath of its commissioners to act in the best interests of the Port District, and in its role as guardian of the public trust, to the benefit of the residents of California. As appointees of one of five Port District cities, each commissioner must also represent the perspectives of the city appointing them as commissioner. In representing the interests of the Port District but only the perspectives of the port cities appointing them, a dichotomy is created. The dichotomy allows port commissioners to manage the valuable resources of San Diego Bay in a unified, comprehensive manner but limits elected governments of the Port Cities and their constituents in making their views known or in determining the actions that are in their best interests. As a result, this dichotomy leads not only to voter disenfranchisement, but to a disconnection between elected municipal governments and their constituents, who must subordinate and subject their interests to the interpretations of the unelected Board of Port Commissioners. z San Diego Unified Port District Port Commissioners Meeting, September 13, 2022, video recording @ 1:14:25. Board of Port Commissioners on 2022-09-13 1:00 PM (granicus.com) a San Diego Unified Port District Port Commissioners Meeting, September 13, 2022, video recording @ 1:15:50. Board of Port Commissioners on 2022-09-13 1:00 PM (granicus.com) 41986-87 San Diego County Grand Jury, The County of San Diego and The San Diego Unified Port District Report No, 15, June 30, 1987, page 5-6. 51997-98 San Diego County Grand Jury, The San Diego Unified Port District: It's Time for Taxpayers and Citizens to Have a Direct Say, Final Report, June 30, 1998, page 103. 2 2022/2023 SAN DIEGO COUNTY GRAND JURY REPORT (FILED JUNE 7, 2023) Page 232 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Severe as these assessments are, they are rooted in the San Diego Unified Port District Act (Port Act)', enacted by the California Legislature in 1962, through which the State of California delegates the power and responsibility for management of the tidelands and submerged lands of San Diego Bay. The Port Act delegates these powers to the Port District from the California State Lands Commission SLC) as guardian of these tidelands and submerged lands through the public trust doctrine. This doctrine "provides that tide and submerged lands and the beds of lakes, streams and other navigable waterways are to be held in trust by the State for the benefit of the people of California." 7 The Port District acts in this capacity as an independent governmental special district without direct oversight of its seven commissioners by other local city or county agencies. The unsalaried commissioners are appointed to four-year terms by city councils of each of the five cities that border San Diego Bay, (San Diego, Chula Vista, Coronado, Imperial Beach, and National City). While the commissioners must reside in the city that appointed them, they can serve an unlimited number of four-year terms, except in the City of Coronado which limits its port commissioners to two terms. Port commissioners may be recalled by majority vote of the city council which appointed them. Other than these limitations, no oversight by local governmental bodies is authorized by the Port Act, and decisions by the Board of Port Commissioners are not subject to approval, veto or appeal by city councils or voters of the five Port Cities or the county. 8,9 Democratic theory equates responsible government with popular participation in and control over policy formulation, political equality for the individual, deciding divisions of opinion by majority rule with complete freedom of discussion, and periodically holding free and meaningful elections.10 Yet by virtue of the legislation that created the San Diego Unified Port District, values such as these that citizens have come to expect in our governmental legislative, regulatory and judicial institutions have not been embraced. METHODOLOGY The Grand Jury conducted interviews and requested information from municipal and county governmental organizations affected by the Port Act. The Grand Jury researched and reviewed these documents: California Harbors and Navigation Code, Appendix I, also known as the San Diego Unified Port District Act (Port Act) The 1986-1987 Grand Jury report: "The County of San Diego and the San Diego Unified Port District, Report No. 15" and responses The 1997-1998 Grand Jury report: "The San Diego Unified Port District: It's Time for Taxpayers and Citizens to Have a Direct Say" and responses from the cities of San Diego, Chula Vista, Coronado, Imperial Beach, and National City Meeting Minutes and Agendas from the cities of San Diego, Chula Vista, Coronado, Imperial Beach, and National City as well as the San Diego Unified Port District Historical records and articles relating to formation of the Port District (per footnotes) Grand Jury Reports on Ports in other California Counties 6 California Harbors and Navigation Code, Appendix 1, San Diego Port District Act, Document no. 70987, filed March 3, 2020, Office of the District Clerk. ' https://www.slc.ca.gov/public-engagement/ s California Harbors and Navigation Code, Appendix 1, San Diego Port District Act e The City of Coronado limits the number of terms served by Port Commissioners to two terms 10 Bachrach, Peter, The Theory of Democratic Elitism (Chicago, 1962), p. 94. 2022/2023 SAN DIEGO COUNTY GRAND JURY REPORT (FILED JUNE 7, 2023) Page 233 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda San Diego Unified Port District Website: www.portofsandiego_org Detailed electronic maps showing specific boundaries and areas within the San Diego Unified Port District DISCUSSION Creation of the San Diego Unified Port District When California became a state in 1850, it acquired title to navigable waterways as trustee for the protection of public lands, streams, lakes, marshlands, and tidelands. This is referred to as common law public trust doctrine. Per the State of California State Lands Commission (SLC), "The public's right to use California's waterways for navigation, fishing, boating, natural habitat protection and other water -oriented activities is protected by the Common Law doctrine of the Public Trust." Historically, the Public Trust has referred to the basic right of the public to use its waterways to engage in "commerce, navigation, and fisheries." The SLC further states that the "Public Trust provides that tide and submerged lands and the beds of lakes, streams and other navigable waterways are to be held in trust by the State for the benefit of the people of California."I1 San Diego Unified Port District: Unique Among California Ports The San Diego Unified Port District is unique among California's 12 ports in its establishment by state law. According to the Port Act, this was necessary because of the geography and other special characteristics of the locale: It is hereby declared to be the policy of the State of California to develop the harbors and ports of this State for multiple purpose use for the benefit of the people. A necessity exists within San Diego County for such development. Because of the several separate cities and unincorporated populated areas in the area hereinafter described, only a specially created district can operate effectively in developing the harbors and port facilities. Because of the unique problems presented by this area, and the facts and circumstance relative to the development of harbor and port facilities, the adoption of a special act and the creation of a special district is required. 12 With passage of the enabling Proposition D in November 1962, the SLC granted regulation and control of the tidelands and submerged lands of San Diego Bay to the newly created Port District. Following passage of San Diego County's Proposition D, the cities of San Diego, Chula Vista, Coronado, Imperial Beach, and National City were to transfer the management of state tidal and submerged lands in San Diego Bay to the jurisdiction of a newly formed San Diego Unified Port District, Proposition D Controversy Passage of Proposition D was not obtained without controversy. Prior to the election, the city councils of Coronado, Imperial Beach and Chula Vista opposed formation of the Port District. Supporters of the proposition focused on the economic benefits made possible by the combined efforts of Port Cities on such projects as construction of South Bay channel and the resulting job growth from expansion of industrial development and maritime activities. Opponents of the proposition focused primarily on the potential control wielded by an unelected board of port commissioners who would have the power to ii https://www.slc.ca.gov/public-engagement/ sz California Harbors and Navigation Code, Appendix 1, San Diego Port District Act, §2, pg 7. https://Pantheonstorage.blob.core.windows net/administration/San-Diego-Unified-Port-District-Act pdf March 3, 2020. 4 2022/2023 SAN DIEGO COUNTY GRAND JURY REPORT (FILED JUNE 7, 2023) Page 234 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda issue bonds, levy taxes and develop local tideland resources without input from individual Port Cities. Another concern was the unequal number of commissioners allocated to each of the Port Cities; the City of San Diego would get three commissioners while each of the remaining four Port Cities would get one commissioner each, potentially allowing San Diego to exert dominance over Port Commission resources and priorities. 13 A study commissioned by the Coronado Chamber of Commerce three months prior to the 1962 election suggested that instead of the simple majority required by the Port Act to constitute a quorum for Commissioners to conduct business, the act be amended to require a quorum of at least two commissioners from the four Port Cities of Coronado, Imperial Beach, Chula Vista and National City. An additional change in the make-up of the port commission was also suggested to include only two San Diego Commissioners, one commissioner from San Diego County, and one each from the four other Port Cities, allowing appointment of a commissioner representing interests of unincorporated bay front areas of the county.14 While Proposition D was approved by a majority of voters in the cities of San Diego, Chula Vista, Imperial Beach and National City, the proposition was defeated in Coronado by a 3 to 1 margin. An unsuccessful lawsuit filed by Coronado, Imperial Beach and Chula Vista attempted to make acceptance of membership in the Port District optional, resulting in a temporary delay, but formation of the Port District was completed on December 18, 1963, following certification of the votes cast for Proposition D in the November 6, 1962 election. 15 Port District Funding of Operations Port District operations are financed primarily through leases and fees generated through its real estate operations, parking, harbor police and other services or fees provided to public or commercial customers of the Port District. As a landlord, the Port District generates most of its revenue from tenants and subtenants who pay rent or fees to conduct business on tidelands. The list includes hotels, restaurants, retail shops, marinas, landings, yacht clubs, shipyards, cargo operators, aerospace firms and cruise ships. While allowed by the Port Act to do so, the Port District does not collect taxes.. Various provisions of the Port Act also allow the Port District to issue general obligation, revenue bonds or levy property or other forms of taxation. In the Fiscal Year ending June 30, 2022, over $90 million, or 55% of the Port District's operating revenue were generated by leases and other Real Estate revenue, while parking, maritime and other fees provided another $77 million in operating revenue, or approximately 45% of operating revenues. Like commercial business entities that are dependent on revenue streams to remain viable, economic activities that support the Port District's operations have also represented a significant source of economic risk. Recently, impacts of the COVID-19 pandemic on Port District operations severely limited most revenue generating Port District activities, resulting in a $19.3 million loss in the fiscal year ending June 2021 and prompting one Port Commissioner to consider the need to "analyze and 13 San Diego County Registrar of Voters, Arguments for and Against Proposition D, San Diego County General Election, November 7, 1962. 14 The Wyatt Report: Here's Text of Advisory on United Port, San Diego Evening Tribune, August 22, 1962, A14 -A15. 1s Ibid. 2022/2023 SAN DIEGO COUNTY GRAND JURY REPORT (FILED JUNE 7, 2023) Page 235 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda understand options for potential taxation. ,16 However, the Port District qualified for $29 million in stimulus fund assistance in the following year, leading to the generation of a $68.3 million income in the fiscal year ending June 2022.17 While these tidelands -associated revenue streams allow the Port District to operate free of budget constraints typical of other state or local government agencies, the need to generate such revenue can lead to a significant source of bias in the deliberations of Port Commissioners and obscure motives and objectives of staff at all levels of the organization. In a recent briefing by the Port District, a sizeable, expected return on investment from a proposed project was praised as a justification for the large public investment of tax dollars needed to fund the project, with less emphasis placed on the project's other characteristics. Balanced Interests? The Grand Jury investigation revealed many concerns by the Port District's stakeholders. Smaller Port Cities reported a lack of follow through or investment in their cities proportional to the revenue generated for the Port District by tidelands activities occurring in their municipal boundaries. Others cite a lack of prioritization for projects not associated with lucrative leasing contracts or other significant revenue sources. The Grand Jury acknowledges such views, and sees the dilemma faced by the Port District in balancing the many diverse and potentially competing municipal, state and public interests it must manage as both nuanced and complex in ways less understood by the public in general, and in some cases by the city and county governments it serves. How does a port commissioner balance or prioritize the needs or interests of separate communities, neighborhoods or municipalities against one another or against the interests of the Port District itself? As the adage goes, actions speak louder than words; perhaps recent activities by the Port District and votes by the Board of Port Commissioners can help to answer such questions. Chula Vista Hotel and Convention Center The key piece of the Chula Vista Bayfront Master Plan is the Gaylord Pacific Resort and Convention Center, a $1.1 billion project that broke ground in 2022 for a 1,600 -room hotel alongside a 275,000 square foot convention center on a 36.5 -acre site. In 2012, after almost a decade of planning, the City of Chula Vista and the Port District received approval from the California Coastal Commission for this project allowing for the conversion of 535 acres of vacant and industrial property into a Resort Hotel and Convention Center, RV Park, and parking structure. An existing motel, also part of the project sits on land adjacent to Port District boundaries. The project is important because both the City of Chula Vista and the Port District collaborated on the Master Plan and were involved in seeking its approval, and both parties consider the development project a great success. The Grand Jury investigation revealed an alignment of interests of both parties centered on the regional economic benefits from development of these underused and undervalued tideland assets. Both parties were fully engaged, fully committed and enjoyed the support of the community during all phases of the project, from the initial master plan approval to selection of the Jennifer Van Grove, San Diego's Bayfront is Controlled by a Little -understood Agency With Power That Will Be Tested in The New Year, February 5, 2021, page 13; San Diego's bayfront is controlled by a little -understood agency with power that will be tested in new vear - The San Diego Union -Tribune (sandiegouniontribune com) 17 San Diego Unified Port District, Annual Comprehensive Financial Report, Fiscal Years Ended June 30 2022 and 2021. Page 48, CAFR-2022 (window https://pantheonstorage.blob.core windows.net/administration/2022-ACFR-final pdfs net) 6 2022/2023 SAN DIEGO COUNTY GRAND JURY REPORT (FILED NNE 7, 2023) Page 236 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda operator and developer, as well as the formation of multiple financing agreements. Both parties are to share in the public infrastructure costs expected to approach $370 million, but also retain shares of excess revenues. Dole Fruit Company Contract First signed in 2002, this agreement leased portions of San Diego's 10a' Avenue terminal to Dole Fruit Company for imports of fruit into the U.S. west coast market. Primary operations centered on long- haul trucking operations delivering fruit to many sites in the Southern California region, as well as short=haul trucking operations to sites in San Diego County. The short -haul local operations involved many more trips by smaller -sized trucks and were perceived to create a more significant source of air pollution than long-haul operations which involved larger loads and fewer trips on semi -trailer trucks. Following negotiation for a 25 -year lease extension through 2036, terms were not released until three days prior to the proposal's approval by the Board of Port Commissioners on August 14, 2012. The agreement not only extended Dole's lease, but also moved its short -haul trucking operation out of San Diego's Barrio Logan neighborhood. This move was perceived to reduce pollution in an area already affected by significant pollution from the nearby freeway and industrial maritime and manufacturing activities. However, the short -haul trucking operation was only relocated to a location in the neighboring city of National City, thereby increasing pollution that potentially affected the health and well-being of nearby residents of that city. Relocation of Dole's short -haul trucking operations also required the disruption, delay and rerouting of the National City leg of the Bayshore Bikeway project and the Tidelands Avenue relocation planning efforts, two key components of the National City Balanced Plan. The actions taken by the Port District in approving the Dole Fruit Company lease, reduced potential health hazards for residents of San Diego's Barrio Logan neighborhood at the expense of the health of National City residents, while creating significant delays and disruptions in the Master Plan benefitting National City residents. Mitsubishi Cement Factory The Port District recently considered an application by Mitsubishi Cement Corporation (Mitsubishi) for a Coastal Development Permit (CDP) that would allow Mitsubishi to construct and operate a cement import, storage, loading and distribution facility within the Tenth Avenue Marine Terminal." Beginning in 2015, Mitsubishi had been negotiating with the Port District to ship cement -making materials to the Port -operated Tenth Avenue Marine Terminal warehouse for storage and shipment to Southern California construction sites. Nearby residents perceived the project would have introduced a new significant source of pollution to surrounding neighborhoods already experiencing pollution from maritime and industrial activities and freeways in the area. While the Port District has approved a Maritime Clean Air Strategy (MCAS) to replace diesel fuel burning trucks with electric vehicles by 2030, the technology supporting zero emission electric power for vehicles the size of cement trucks was not yet available, and the Port District announced in a press San Diego Unified Port District, Ordinance 2936, February 25, 2019, https://pantheonstorage.blob.core.windows.net/administration/Ordinance-No-2936.pdf 7 2022/2023 SAN DIEGO COUNTY GRAND JURY REPORT (FILED JUNE 7, 2023) Page 237 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda release that negotiations with Mitsubishi "were not moving forward," but expressed a willingness to re -consider the proposal, "should the day come when they want to re -open negotiations."'9 While the decision to discontinue Mitsubishi's cement warehouse facility was ultimately made in the public interest, the discussion to proceed or terminate the project occurred not in a public forum, but behind closed doors and was announced in a press release. The process for evaluation of such projects by the Port District is well established and logical in its progression from the proposal, preliminary approval, planning, development, environmental and coastal commission review phases. Yet consideration of the project by a local elected governmental entity might have given greater priority to the health concerns of community members and resulted in a more equitable balance between economic and health concerns earlier in the project's evaluation process. Coronado Cottages at the Cays Recent decisions by the Port District surrounding the proposed Cottages at the Cays Project on Coronado's North Grand Caribe Isle exemplify the disconnection and disenfranchisement of the voting public and elected governmental bodies resulting from the Port District's independence from local governmental oversight. The Port District had considered a development application from a lessee of property on Coronado's North Grand Caribe Island to build 41 two-bedroom short stay units limited to six guests per unit. In a letter addressed to the Board of Port Commissioners dated December 23, 2022, the Mayor of Coronado expressed strong opposition to the project, stating, "this project does not reflect the will of the community or the Coronado City Council." Specific objections to the project cited in the letter included: 20 A unanimous vote by the Coronado City Council in opposition to the proposed project. Opposition from community groups such as the Coronado Cays Homeowner's Association and community members who provided petitions in opposition. Reversal of the Port District policy refined in the 2021 Port Master Plan Update (PMPU) to expressly disallow the development of more hotel rooms and to convert the land use designation to Recreational Open Space, which preserves the area for environmental preservation and complete public access." The project would create "preferential access to those that can afford what will most likely be costly room rates similar to other hotel rates in the area." The project contravenes the PMPU commitment for the "protection and management of natural resources that best reflect environmental stewardship for present and future generations", on property expected to be highly vulnerable to sea level rise in the decades to come. The project would "create a hotel use which is not compatible with the surrounding residential area...," posing significant traffic impacts and safety concerns on the community of approximately 1,200 homes which can only be accessed through a single entrance. 19 San Diego Unified Port District, Port of San Diego Issues Statement on Mitsubishi Cement Proposal, General Press Release, February 1, 2023, https://www.portofsandiego.org/press-releases/general-press-releases/port-san-diego-issues- statement-mitsubishi-cement-proposal 20 Mayor Richard Bailey, Letter of Opposition to Cottages at the Cays Development Project Proposal, December 23, 2022, 2022/2023 SAN DIEGO COUNTY GRAND JURY REPORT (FILED JUNE 7, 2023) Page 238 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Due to policies governing the rights of lessees, The Port District was obligated to present this development proposal for a vote to the Board of Port Commissioners. In addition, the Port District viewed the land use designation of Recreational Open Space for the parcel reflected in the 2021 Port Master Plan Update as being unbinding and preliminary, pending approval by the California Coastal Commission: Had it been approved, this land use would have represented a land use inconsistent with the Coronado Cays development proposal which required a Commercial Open Space designation currently in place for the property. On February 14, 2023, the Board of Port Commissioners approved the Cottages at the Cays Project by a vote of 4-3 in favor of initiating a California Environmental Quality Act (CEQA) review, followed by consideration of a Port Master Plan Amendment to add the project to the Port Master Plan, prior to application by the developer for a coastal development permit. Who Watches the Watchers? California Coastal Commission and State Lands Commission In response to the Grand Jury's concern that the Port District is largely autonomous, self-governing, self-funded and independent of oversight by local elected officials, the Port District views the oversight of its decisions and activities provided by the California State Lands Commission (SLC) and the California Coastal Commission as more than adequate. The SLC oversight is to ensure Port District activities are consistent with the public trust doctrine. In this role the Port District consults with the SLC on an as needed basis, to seek clarification, advice and guidance in matters affecting the Port District's role as guardian of the public trust for San Diego Bay. If determined to be inconsistent with this doctrine, the SLC could direct the Port District to stop, discuss and resolve the issues causing such concern. In addition to the State Lands Commission and California Coastal Commission approvals, the CEQA requires that "state and local agencies consider environmental protection in regulating public and private activities and should not approve projects for which there exist feasible and environmentally superior mitigation in or alternatives." In the absence of any documented exemptions provided for in the act, CEQA requires the publication of detailed Environmental Impact Reports for projects approved by the Port District for public review and comment.21 Requirements of the California Coastal Commission and CEQA also affect Port District activities relating to the approval of the Port Master Plan, Master Plan Updates or Amendments. In addition, Port District approved projects often require a coastal development permit from the California Coastal Commission. While members of port city councils or San Diego County Supervisors have no direct oversight of Port District activities or ability to appeal decisions of the Board of Port Commissioners, the Port District indicated the existence of multiple venues to make their views known, and commissioners as a whole place a very high value on the desires of member cities. In addition, the public has access to most of the public meetings of the SLC, California Coastal Commission and also to regular meetings of the Board of Port Commissioners, as well as access to the public websites of these organizations. Also, decisions of the three-member California Coastal Commission can be appealed with the agreement of two of three commissioners to first hear the appeal and then vote to reverse their decision. zi California Environmental Quality Act, Chapter 1: Policy (archive.org) 9 2022/2023 SAN DIEGO COUNTY GRAND JURY REPORT (FILED JUNE 7, 2023) Page 239 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Public Participation and the Port District of San Diego The Grand Jury noted meetings of the Board of Commissioners are posted on the Port District's website and that public participation is allowed. Meeting agendas are posted, and minutes are made available. In addition, the Board of Port Commissioner meetings are recorded, and recordings are available for public viewing. The Port District's policy regarding public participation is spelled out in Board of Port Commissioners Policy 060 which was adopted June 10, 2008.22 The Board of Port Commissioners also formed several subcommittees, forums, or working groups to solicit public input in the Board's decision-making process. "In setting policies for our dynamic waterfront, the Port District of San Diego seeks to make decisions that are in the public interest. To that end, the Board of Port Commissioners has formed various committees, forums and working groups to discuss current issues. These meetings are an important tool for gathering information, exploring ideas, and obtaining feedback for use in decision making by the Board."23 These groups include the Accessibility Advisory Committee; Arts, Culture, and Design Committee; Audit Oversight Committee; Bayfront Cultural and Design Committee Chula Vista; Chula Vista Bayfront Facilities Financing Authority; Environmental Advisory Committee; Maritime Forum; San Diego Harbor Safety Committee; Wildlife Advisory Group; and World Trade Center San Diego. Researching information available on the Port District's website, the Grand Jury notes that agendas and meeting minutes for some but not all the advisory committees are available. The screenshot below documenting the information concerning the Port's Environmental Advisory zz BPC-Policy-No-060-Public-Participatio n-in-Board-of-Port-Commissioners-Board-Meetings.pdf. https://pantheonstorage.blob.core.windows.net/administration/ zs https://www.portofsandlego.org/people/other-public-meetings 10 2022/2023 SAN DIEGO COUNTY GRAND JURY REPORT (FILED JUNE 7, 2023) Page 240 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Committee for all years available.24 All Meetings l'slVavr `, (a!tn arVitw t. 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According to the last posted agenda for the Environmental Advisory Committee, the agenda included a discussion with respect to the National City Balanced Plan portion of the proposed updated Master Plan. However, in reviewing the posted membership of the Environmental Advisory Committee there are no staff members listed from National City (not any of the other Port Cities), This points to a lack of transparency with regards to the coordination of the Port District with the member cities. Master Plan Documents and Updates Under Section 19 of the Port Act, the Port District was to "draft a master plan for harbor and port improvement and for the use of all of the tidelands and submerged lands which shall be conveyed to the district pursuant to the provisions of this act." This Port Master Plan was approved by the Board of Port Commissioners in 1980 and later certified by the California Coastal Commission on January 21, 1981.25 Subsequently the Port District approved 41 amendments to the 1980 Master Plan. In 2019, SB 507 §5.7 was incorporated into the Port Act requiring Port District to "submit to the State Lands Commission a trust lands use plan for.trust lands .. ,describing any proposed development, preservation, or other use of the trust lands," Section 5.7 goes on to state that the "State Lands za https://portofsandiego.legistar.com/Calendar.aspx zs California Harbors and Navigation Code, Appendix 1, San Diego Port District Act §19, San Diego Unified Port District, Document 70987, March 3, 2020, page 15. 11 2022/2023 SAN DIEGO COUNTY GRAND JURY REPORT (FILED JUNE 7, 2023) Page 241 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Commission, in its sole discretion, may consider whether the submission of the Port Master Plan ... meets the requirements of ...a trust lands use plan."16 1'he fort District's response has been to publish the "San Diego Unified Port District, DRAF 1' Port Master Plan Update" dated November 2021. As of the writing of this report the Master Plan Update has not been submitted to the California Coastal Commission or to the State Lands Commission.27 Particular confusion exists among Port Cities leaders and residents regarding the provisions Port Master Plan that is periodically updated by the Port District. Much of the confusion is associated with the size and complexity of the Master Plan document itself—the most recent but -still -unapproved - update (2021) is well over 400 pages in length when including appendices, while the public comments alone comprise another 800 pages. As an indicator of the complexity of information contained in the Plan comments alone, the format for the comments received for the 2021 Master Plan Updade was an electronic PDF flat file format comprising comments from 10 agencies, 19 organizations, 10 businesses or Port Tenants and individuals from all 10 planning districts. Questioned about how the Port District responded to comments, how the comments were used or acted upon, the Port Gave no clear answers in response. The plan is categorized into 10 geographical Port planning districts. Despite the fact that these planning districts could be organized around each of the Port Cities within which the smaller planning districts exist, this approach has not been used in the past. However, such an approach could foster greater understanding of these plans by residents and leaders alike while greatly simplifying the review and approval process for each Port city's Master Plan. While the Port Act identifies requirements for development of Port Master Plans and Trust Use Plans, the Grand Jury concluded that the Port Act does not preclude the Port Cities or the County of San Diego from requiring ratification by Port Cities or the county of such plans prior to submission to the appropriate state agency for approval. Further, such ratification by each Port City Council or the County Board of Supervisors would allow elected officials to ensure that these plans are in the best interest of their constituents and aligned with plans and objectives of these government bodies. To that end, the Grand Jury will recommend that Port Cities and County Supervisors of supervisorial districts fronting San Diego Bay be required to ratify all port master plans, master plan updates, master plan amendments or trust use plans for Port District activities occurring within their boundaries; further, that such ratification be required prior to Port District proceeding with Environmental Impact Reviews required by CEQA, submission of such plans for approval by the California Coastal Commission, State Lands Commission or approval of coastal development permits. Finally, once ratified by a Port City or County agency, each Port City's master plan update would become the current Port Master Plan for project planning purposes. Options: Where to go from here? Port Commissioner Status Reports to City Councils The recommendations of the 1997-1998 Grand Jury report were directed to the city councils of the five cities affected by the Port District and to the County Board of Supervisors. Recommendation 98 - California Harbors and Navigation Code, Appendix 1, San Diego Port District Act §19, San Diego Unified Port District, Document 70987, March 3, 2020, page 10. Z' https://pantheonstorage.blob.core.windows.net/waterfront-development/Port-Master-Plan-Update-Draft-November- 2021.pdf 12 2022/2023 SAN DIEGO COUNTY GRAND JURY REPORT (FILED JUNE 7, 2023) Page 242 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 50 to the five city councils were to "create and implement formal policies requiring their port commissioner representatives to report regularly to their respective city councils in a formal manner." The City crC Sari Diego respoluled to tlirtia lec:curutit lida(io lls say ir g Uiat polioiati wttlo alraady ill pla.c:e governing qualifications for port commissioners as well as formal reporting to the city council. The cities of Coronado and Imperial Beach reported that briefings from their Port Commissioners concerning Port District activities were scheduled as part of each regularly scheduled city council meeting. The City of Chula Vista reported the city council meets with their port commissioner quarterly, or as often as needed," while National City reported receiving, periodic reports from their Port Commissioner on an informal basis. The current Grand Jury investigated the current practices of the Port Cities in pursuing regular updates in regularly scheduled public forums such as City Council meetings. Communication with Port Commissioners was reported to occur regularly on an informal basis, but confirmation of such informal meetings proved impractical. As a result, the Grand Jury reviewed readily available public meeting agendas and minutes of the Port City councils during 2022. We discovered the following: San Diego: The Grand Jury could not find any minutes or agenda items recognizing that any of its Port Commissioners made presentations regarding Port District activities in public meetings. This included a review of City Council agendas for 2022, none of which included agenda items of briefings or presentations by the city's Port Commissioners. Chula Vista: The Grand Jury could not find any minutes or agenda items recognizing that its Port Commissioner made presentations regarding Port District activities in public. Coronado: According to reviewed minutes and agenda items, a single update from the city's commissioner occurred on April 19, 2022. Imperial Beach: According to reviewed minutes and agenda items, only one update took place on January 19, 2022.28 National City: An agenda item for reports from their commissioner is created for each City Council meeting. The Grand Jury was unable to learn if that was the result of a published council policy. In view of the information provided through testimony and surveys of public records regarding Port Commissioner reports and briefings to their city councils on the activities of the Port District, the Grand Jury concluded that such reporting in publicly accessible venues such as city council meetings does not take place on a frequent or regular basis. Combined with a preference for informal channels of communication with their appointed representatives, these tendencies call into question whether Port Commissioners and Port City Councils maintain open and transparent relationships. Re-engagement of Port Cities and County of Salt Diego The Grand Jury has concluded that because of the Port District's independence and autonomy from local governmental review or approval of its decisions, voters and elected representatives in the Port Cities and County of San Diego have become disenfranchised. Elected representatives cannot prevent or appeal Port District decisions that adversely affect their constituents, and as a result, voters cannot depend on their elected representatives to act in their best interests. As a result of such shortcomings, accountability of representatives to their constituents is limited when the normal expected prerogatives of elected office holders have been supplanted instead by an unelected entity such as the Port District. zs City of Imperial Beach, City Council, Regular Meeting Minutes, January 19, 2022, 6:00 p.m,, Virtual Meeting 13 2022/2023 SAN DIEGO COUNTY GRAND JURY REPORT (FILED JUNE 7, 2023) Page 243 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Balancing the rights and interests of diverse coastal cities, communities and neighborhoods throughout lie Safi Diego Cuuu[y tegiuu is a 5igttilicattl altalleuge, eveu loo an elected govetuiug body uol motivated by economic incentives. Attempting this task through a largely independent and autonomous organization such as the Port District that is dependent on revenue from development projects and leasing activity may be too much to ask of the organization, especially without the guidance of deliberative elected city councils, county supervisors or other elected government bodies. The Grand Jury concludes that only with the re-engagement of the elected government bodies affected by Port District activities and lands within their jurisdictional boundaries can the interests of residents be equitably balanced with competing Port District goals and objectives. FACTS AND FINDINGS Duties, Responsibilities and Powers Fact: The public trust doctrine provides that tidal and submerged lands, beds of lakes, streams and other navigable waterways are to be held in trust by the State for the benefit of the people of California. Fact: The Port District Act delegates the power and responsibility for management of the tidelands and submerged lands of San Diego Bay from the State of California to the San Diego Unified Port District. Fact: Many elected officials of Port Cities believe Port Commissioners are to act in the best interest of the cities appointing them. Fact: The Port Act limits the ability of elected officials to represent the interests of the voters who elect them. Fact: It is the duty of each Port Commissioner to act as a guardian of the public trust for tidal and submerged lands of San Diego Bay in the interests of all California residents. Fact: Port Commissioners take a fiduciary oath to act in the best interests of the Port District, Finding 01: Port Commissioners are only required to represent the perspectives, not the interests of the Port City appointing them to the Board of Port Commissioners. Finding 02: The Port District acts as an independent special district without direct oversight from local city or county governments. Fact: The oversight provided by the State Lands Commission and California Coastal Commission of Port District activities is viewed by the Port District as more than sufficient. Fact: Port Commissioners must live in the Port City appointing them. Fact: Port Commissioners may be recalled by a majority vote of the city council appointing them. Fact: Port Commissioners can serve an unlimited number of four-year terms, except in the City of Coronado in which Commissioners can serve a maximum of two terms. 14 2022/2023 SAN DIEGO COUNTY GRAND JURY REPORT (FILED JUNE 7, 2023) Page 244 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Finding 03: Because the interests of residents of Port Cities and the County of San Diego are subject to the interpretations of the unelected Doard of Poit Commissioners, their interests may not be heard, prioritized or represented accurately. Finding 04: Briefings by Port Commissioners to Port City Councils in noticed public meetings regarding issues affecting their jurisdictions, will increase the level of public participation and knowledge regarding Port District activities, Port Master Plans, Master Plan Updates, Port Master Plan amendments or additions. Finding OS: Currently, the Board of Port Commissioners does not have term limits. Considering term limits would foster democratic principles by providing more opportunities for diverse and talented individuals to serve, prevent the accumulation of influence, and uphold the public trust by keeping the Board representative responsive to its community. Initial Opposition to Port District Formation Fact: The City Councils of the cities of Coronado, Imperial Beach and Chula Vista initially opposed formation of the Port District in 1962. Fact: Formation of the Port District in 1962 occurred despite concerns that an unelected board of Port Commissioners would have the power to issue bonds, levy taxes and develop local tideland resources without input or approval of individual Port Cities. Fact: Opposition to the formation of the Port District in 1962 involved the unequal number of commissioners allocated to each of the Port Cities; the City of San Diego would get three commissioners while each of the remaining four Port Cities would get one commissioner each, potentially allowing San Diego to exert dominance over the resources, priorities and decisions of the Port District. Finding 06: With three of seven port commissioners appointed to the Board of Port Commissioners by the City of San Diego, the potential exists for the City of San Diego to exert dominance over the priorities, resources and decisions of the Port District. Port District Potential Source of Bias Fact: Port District operations are financed primarily through leases and fees generated through its real estate operations, parking, harbor police and other fees provided by customers of the Port District. Finding 07: The Port District is incentivized to maximize revenue to fund its operations, a goal that may create conflicts of interest in the priorities, allocation of resources and other decisions made by the Port Commission. Chula Vista Convention Center and Hotel Fact: The $1.1 billion Chula Vista Hotel and Convention Center broke ground in 2022. Finding 08: Success in the development of the Chula Vista Hotel and Convention Center has been obtained because of a close collaboration and alignment of interests between the Port District and the City of Chula Vista. 15 2022/2023 SAN DIEGO COUNTY GRAND JURY REPORT (FILED JUNE 7, 2023) Page 245 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Dole Fruit Company Proposal Fact: A 2012 approval of the Board of Port Commissioners for a lease of warehouse space on the Port District's Tenth Avenue Terminal to Dole Fruit Company also moved a staging area for short -haul trucking to the National City area. Finding 09: The Port Commissioners decision to move short -haul truck staging for local deliveries of Dole Fruit products relocated a source of pollution from the Barrio Logan community to communities in National City. Mitsubishi Cement Corporation Proposal Fact: Mitsubishi Cement Corporation's proposal for storage and shipment by truck of cement products to construction sites in the region generated controversy and negative publicity among residents of nearby neighborhoods affected by potential health risks. Fact: Consideration of the Mitsubishi Cement Corporation project was terminated by mutual agreement of the Port District and Mitsubishi Cement Corporation. Fact: In its public statement, the Port District expressed a willingness to re -open negotiations related to this proposal with Mitsubishi Cement Corporation in the future. Fact: The Mitsubishi Cement Corporation project was terminated due to technical concerns around the availability of zero emission trucks capable of the loads required for cement deliveries. Finding 10: The controversy surrounding the Mitsubishi Cement Corporation Project's potential health effects on the Barrio Logan neighborhood and other nearby residents damaged the Port District's community relations with these communities and contributed to the decision to discontinue the project. Finding 11: Oversight of the Mitsubishi Cement Corporation project by the City of San Diego or San Diego County governments might have given greater priority to the health concerns of community members and resulted in a more equitable balance between economic and health concerns earlier in the project's evaluation process. Coronado Cottages at the Cays Proposal Fact: The Cottages at the Cays development proposal met with significant opposition not only from the Coronado mayor and city council, but also from residents and members of the Coronado Cays Homeowner's Association representing the community of 1,200 homes. Fact: Maintaining free access by California residents to San Diego Bay for recreational use is often cited as an obligation of the public trust by the Port District. Fact: Three of seven Port Commissioners voted to oppose the Cottages at the Cays development proposal, including the City of Coronado's Port Commissioner, the National City Port Commissioner as well as one of three San Diego Port Commissioners. Fact: The Cottages at the Cays development proposal was consistent with the property's designation in the Port Master Plan as commercial recreation space as approved by the California Coastal Commission. 16 2022/2023 SAN DIEGO COUNTY GRAND JURY REPORT (FILED JUNE 7, 2023) Page 246 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Fact: The Cottages at the Cays development proposal was not consistent with the property's designation as recreational open space in the more recent California Coastal Commission -unapproved Port Master Plan Update. Fact: Without the approval of the California Coastal Commission, the Port District viewed the Coronado Cays Port Master Plan Update land use designation of recreational open space as non- binding and preliminary. Fact: The Coronado Mayor, City Council members and residents of Coronado affected by the Cottages at the Cays development proposal relied on the property use designation for recreational open space adopted most recently in the Port Master Plan Update document, believing this document should control use of property proposed for the Cottages at the Cays development. Finding 12: The Port's decision to approve the Cottages at the Cays development proposal could negatively impact access to San Diego Bay and approving the plan favors those willing or able to pay costly hotel rates typical of the Coronado area. Public Participation Fact: Port Commissioner reports and briefings to their city councils on the activities of the Port District, in publicly accessible venues such as city council meetings do not take place on a frequent or regular basis. Finding 13: Given a preference for informal channels of communication by Port City councils and mayors with their appointed Port District representatives, neither Port Commissioners nor Port City Councils maintain completely open and transparent relationships allowing for public involvement or awareness of Port District activities. Master Plan Documents and Updates Fact: Ratification of Port Master Plans, Master Plan Updates or Master Plan Amendments by Port Cities or County of San Diego for planning districts with their jurisdiction is not prohibited by the Port Act. Finding 14: In its current form, the Port Master Plan and Master Plan Update documents published by the Port District are overly complex, difficult to understand and too broad in scope to foster meaningful comprehension by Port City residents, elected municipal or county officials. Finding 1.5: Ratification of Port Master Plans, Master Plan Updates or MasterPlan Amendments would allow residents of Port City Planning districts and San Diego County to acknowledge and confirm their understanding of Port District development plans and projects within their municipal and county boundaries and provide reliable documents for communities to plan for the future. RECOMMENDATIONS The 2022/2023 San Diego County Grand Jury recommends that the City Councils of the cities of San Diego, Chula Vista, Coronado, Imperial Beach, and National City: 17 2022/2023 SAN DIEGO COUNTY GRAND JURY REPORT (FILED JUNE 7, 2023) Page 247 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 23-90: Enact ordinances or policies placing a two -term limit on the number of terms that a Port Commissioner can serve (as already enacted for the City of Coronado). 23-91: Institute ordinances or formal policies requiring the appointed Commissioners from each city be required to give at a minimum, quarterly updates to the City Councils at officially scheduled city council meetings open to the public. 23-92: Institute ordinances or formal policies that require ratification of the Port Master Plans, proposed Port Master Plan Updates or amendments to the Port Master Plan for Port District planning districts within each city's boundaries. 23-93: In consultation with the San Diego County Board of Supervisors, explore and implement an alternate form of governance for the Port District allowing for participation in, and oversight of Port District activities and decision by the San Diego County Board of Supervisors and the elected city councils of the five Port Cities. The 2022/2023 San Diego County Grand Jury recommends that the County of San Diego Board of Supervisors: 23-94: Institute ordinances or formal policies that require ratification of the Port Master Plans, proposed Port Master Plan Updates or amendments to the Port Master Plan by each of three county supervisors for Port District planning districts within each of three county supervisorial district boundaries. 23-95: Direct the County Office of Intergovernmental Relations to lobby California State legislators to introduce legislation enabling the County of San Diego to assume oversight of the activities of the San Diego Unified Port District or decisions of the Board of Port Commissioners and share in the Port District's duty as guardian of the public trust in the tidal and submerged lands of San Diego Bay. 23-96: Depending on the outcome of Recommendation (23AX, above), consider exploring and implementing an alternate form of governance for the Port District allowing for participation in, and oversight by the San Diego County Board of Supervisors and the elected city councils of the five port cities. The 2022/2023 San Diego County Grand Jury recommends that San Diego Unified Port District Board of Commissioners: 23-97: Institute formal policies or procedures allowing for appeal of any action taken by the Board of Port Commissioners, including decisions, ordinances, or project approvals. 18 2022/2023 SAN DIEGO COUNTY GRAND JURY REPORT (FILED NNE 7, 2023) Page 248 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 23-98: Institute formal policies to enable Port Cities and County of San Diego to ratify the Port Master Plans, proposed Port Master Plan Updates or amendments to the Port Master Plan for Port District planning districts within each city's and county boundaries. 23-99: Directly inform each of the five City Councils at officially scheduled City Council meetings open to the public how the proposed updated Port Master Plan affects areas within their jurisdictional boundaries. 23-100: To increase the coordination of Port District activities with the Port Cities and their staffs, institute a policy of including staff from each of the five Port Cities and County of San Diego on each of the Port District's advisory committees. 23-101: Post meeting minutes and agendas of each of the Port District's advisory committees. 23-102: In consultation with the City Councils of San Diego, Chula Vista, Coronado, Imperial Beach and National City, consider placing a two -term limit on the number of terms that a Port Commissioner can serve (as already enacted for the City of Coronado). 23-103: Institute ordinances or formal policies requiring the appointed Commissioners from each city be required to give at a minimum, quarterly updates to the City Councils at officially scheduled city council meetings open to the public. 23-104: In consultation with the San Diego County Board of Supervisors, explore an alternate form of governance for the Port District allowing for participation in, and oversight of Port District activities and decision by the San Diego County Board of Supervisors and the elected city councils of the five Port Cities. REQUIREMENTS AND INSTRUCTIONS The California Penal Code §933(c) requires any public agency which the Grand Jury has reviewed, and about which it has issued a final report, to comment to the Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters under the control of the agency. Such comment shall be made no later than 90 days after the Grand Jury publishes its report (filed with the Clerk of the Court); except that in the case of a report containing findings and recommendations pertaining to a department or agency headed by an elected County official (e.g. District Attorney,. Sheriff, etc.), such comment shall be made within 60 days to the Presiding Judge with an information copy sent to the Board of Supervisors. Furthermore, California Penal Code §933.05(a), (b), (c), details, as follows, the manner in which such comment(s) are to be made: 19 2022/2023 SAN DIEGO COUNTY GRAND JURY REPORT (FILED JUNE 7, 2023) Page 249 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda a) As to each grand jury finding, the responding person or entity shall indicate one of the following: 1) The respondent agrees Mill the finding 2) The respondent disagrees wholly or partially with the finding; in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. b) As to each grand jury recommendation, the responding person or entity shall report one of the following actions: 1) The recommendation has been implemented, with a summary regarding the implemented action. 2) The recommendation has not yet been implemented, but will be implemented in the future, with a time frame for implementation. 3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a time frame for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This time frame shall not exceed six months from the date of publication of the grand jury report. 4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor. c) If a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the Board of Supervisors shall respond if requested by the grand jury, but the response of the Board of Supervisors shall address only those budgetary or personnel matters over which it has some decision-making authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department. Comments to the Presiding Judge of the Superior Court in compliance with the Penal Code §933.05 are required from the: Responding Agency Recommendations Date City of San Diego, City Council 23-90 through 23-93 8/28/2023 City of Chula Vista, City Council 23-90 through 23-93 8/28/2023 City of Imperial Beach, City Council 23-90 through 23-93 8/28/2023 City of Coronado, City Council 23-90 through 23-93 8/28/2023 City of National City, City Council 23-90 through 23-93 8/28/2023 County of San Diego, Board of Supervisors San Diego Unified Port District, Board of Port Commissioners 23-94 through 23-96 8/28/2023 23-97 through 23-104 8/28/2023 20 2022/2023 SAN DIEGO COUNTY GRAND JURY REPORT (FILED JUNE 7, 2023) Page 250 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda August 8, 2023 Honorable Michael T. Smyth Presiding Judge San Diego County Superior Court 1100 Union Street San Diego, CA 92101 RE: City of Chula Vista Response to San Diego County Grand Jury Report: “Governance of San Diego Bay and its Tidal Lands and Regions” Pursuant to California Penal Code sections 933 and 933.05, the following specific responses are submitted to you regarding the 2022-2023 Grand Jury Findings and Recommendations pertaining to Governance of San Diego Bay and Its Tidal Lands and Regions. Finding 2: The Port District acts as an independent special district without direct oversight from local city or county governments. Response: The City of Chula Vista partially agrees with the finding. While the City does not provide direct oversight, it does provide general oversight through its ability to both appoint and remove its Port Commissioner. Finding 4: Briefings by Port Commissioners to Port City Councils in noticed public meetings regarding issues affecting their jurisdictions, will increase the level of public participation and knowledge regarding Port District activities, Port Master Plans, Master Plan Updates, Port Master Plan amendments or additions. Response: The City of Chula Vista agrees with the finding. Finding 5: Currently, the Board of Port Commissioners does not have term limits. Considering term limits would foster democratic principles by providing more opportunities for diverse and talented individu als to serve, prevent the accumulation of influence, and uphold the public trust by keeping the Board representative responsive to its community. Response: The City of Chula Vista agrees with the finding. Page 251 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Finding 6: With three of seven port commissioners appointed to the Board of Port Commissioners by the City of San Diego, the potential exists for the City of San Diego to exert dominance over the priorities, resources and decisions of the Port District. Response: The City of Chula Vista agrees with the finding. Finding 7: The Port District is incentivized to maximize revenue to fund its operations, a goal that may create conflict of interest in the priorities, allocation of resources and other decisions made by the Port Commission. Response: The City of Chula Vista agrees with the finding. Finding 8: Success in the development of the Chula Vista Hotel and Convention Center has been obtained because of a close collaboration and alignment of interests between the Port District and the City of Chula Vista. Response: The City of Chula Vista agrees with the finding. Finding 13: Given a preference for informal channels of communication by Port City councils and mayors with their appointed Port District representatives, neither Port Commissioners nor Port City Councils maintain completely open and transparent relationships allowing for public involvement or awareness of Port District activities. Response: The City of Chula Vista partially agrees with the finding. Confidential briefings are appropriate in certain circumstances, such as the negotiation of highly complex financial transactions. All official actions of the City Council relating to the Port District are made in public, in accordance with standard procedures and legal requirements. Regular briefings by the Chula Vista Port Commissioner are also made publicly at City Council meetings. Finding 14: In its current form, the Port Master Plan and Master Plan Update documents published by the Port District are overly complex, difficult to understand and too broad in scope to foster meaningful comprehension by Port City residents, elected municipal or county officials. Response: The City of Chula Vista agrees with the finding. Page 252 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Finding 15: Ratification of Port Master Plans, Master Plan Updates or Master Plan Amendments would allow residents of Port City Planning districts and San Diego County to acknowledge and confirm their understanding of Port District development plans and projects within their mu nicipal and county boundaries and provide reliable documents for communities to plan for the future. Response: The City of Chula Vista partially agrees with the finding, provided that such ratification should not constitute an additional level of technical or legal review by the City and should not transfer any legal liability resulting from the Port District’s approval to the City. Further, the consequences of the Port District’s failure to gain ratification of all impacted member cities on any given action must be addressed. For example, if multiple member cities are impacted, and all but one ratify, that should not bar the Port District from proceeding. Implementing a ratification process will require a coordinated approach throughout the member cities. Recommendation 23-90 Enact ordinances or policies placing a two-term limit on the number of terms that a Port Commissioner can serve (as already enacted for the City of Coronado). Response: The City of Chula Vista partially supports this recommendation. The City recognizes the value in implementing term limits for Port Commissioner appointments. The City also recognizes that the work of a Port Commissioner is highly specialized and develops over time. In recognition of this fact, and in order to maximize the knowledge and skill of the Chula Vista Port Commissioner, the City will consider adopting a three-term limit; such policy to be considered for adoption by the City Council no later than December 31, 2023. Recommendation 23-91 Institute ordinances or formal policies requiring the appointed Commissioners from each city be required to give at a minimum, quarterly updates to the City Councils at officially scheduled city council meetings open to the public. Response: The City of Chula Vista partially supports this recommendation. The current Chula Vista appointed Port Commissioner provides regular updates at City Council meetings, which are open to the public. The cadence of these updates is set by the progress of the specific projects and programs of interest to the City Council and the local community. The City will consider adopting a policy requiring semi- annual updates, with additional public updates to be provided as appropriate; such policy to be considered for adoption by the City Council no later than December 31, 2023. Page 253 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Recommendation 23-92 Institute ordinances or formal policies that require ratification of the Port Master Plans, proposed Port Master Plan Updates or amendments to the Port Master Plan for Port District planning districts within each city’s boundaries. Response: The City of Chula Vista supports this recommendation, with the caveats described in our response to Finding 15. Staff will return with an implementing action for the City Council to consider no later than December 31, 2023. Recommendation 23-93 In consultation with the San Diego County Board of Supervisors, explore and implement an alternate form of governance for the Port District allowing for participation in, and oversight of Port District activities and decision by the San Diego County Board of Supervisors and the elected city councils of the five Port Cities. Response: The City of Chula Vista does not support this recommendation. Inserting an additional decision-making body into the governance structure of the San Diego Port tidelands would further dilute the authority of the City of Chula Vista over the tidelands located within our jurisdictional boundaries and cannot be supported. Thank you for your interest in the governance of the San Diego Bay tidal lands and regions, including the City of Chula Vista. If you would like additional information or have any further questions, please contact City Manager Maria Kachadoorian at mkachadoorian@chulavistaca.gov. Sincerely, John McCann Mayor Page 254 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda v . 0 03 P a g e | 1 August 8, 2023 ITEM TITLE Agreement Amendment: Approve the Third Amendment to the Agreement with World Advancement of Technology for EMS and Rescue (W.A.T.E.R.) Report Number: 23-0194 Location: No specific geographic location Department: Fire Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt a resolution approving the third amendment to the agreement with World Advancement of Technology for EMS and Rescue (W.A.T.E.R.) to incorporate updates to support and maintenance and scheduled fee increases for a one-year period, one option to extend, and a not-to-exceed amount of $100,000 for the two-year period. SUMMARY The Chula Vista Fire Department delivers quality Basic Life Support (BLS) and Advanced Life Support (ALS) services to residents, visitors, and employees every day. A vital component of this service relies heavily on the resuscitative equipment that is carried on all apparatus. Such essential equipment includes cardiac monitor/defibrillators and Autopulse CPR devices. The Fire Department has been using Zoll Medical Corporation to purchase cardiac monitor/defibrillators and Autopulse CPR devices through a sole source agreement. In addition, the Fire Department has an existing contract with World Advancement of Technology for EMS and Rescue (W.A.T.E.R) for patient care software that integrates with the Zoll equipment and dispatch systems to create and store medical records for all EMS activity. The Fire Department is recommending amending the two-party agreement between W.A.T.E.R and the City to include various updates to support and maintenance as well as scheduled fee increases. Page 255 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda P a g e | 2 ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with CEQA, and has determined that the activity is not a “Project,” as defined under Sectio n 15378 of the state CEQA Guidelines. This is 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. BOARD/COMMISSION/COMMITTEE RECOMMENDATION None applicable. DISCUSSION The Fire Department entered into a contract with World Advancement of Technology for EMS and Rescue (W.A.T.E.R) in 2014 with the approval of resolution 2014-154. This software integrates with dispatch call information, cardiac monitors and Autopulse CPR devices. This software collects and stores patient medical charts from the devices and stores the information as part of the patient care records. This technology allows the Fire Department to provide improved medical care for patients and streamline information to assist with diagnosis and treatment while on emergency medical calls for service. The Fire Department is recommending amending the two-party agreement between W.A.T.E.R and the City to include fee increases and additional language regarding support and maintenance. The quoted price for one year of support and maintenance is $44,750. Staff is requesting approval of this amendment for a one - year period with an option to extend for one additional year, that would expire June 30, 2025 with a total not to exceed amount of $100,000 for the two-year period. 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 General Fund impact for this contract. The contract costs are included in the fiscal year 2024 adopted budget for the Ambulance Transport Services (ATS) Enterprise Fund and no additional appropriations are needed at this time. ONGOING FISCAL IMPACT There are no ongoing costs to the General Fund. Ongoing contract costs are included in the ATS Enterprise Fund expenditure plan and will be considered as part of the annual budget development process. ATTACHMENTS Page 256 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda P a g e | 3 Attachment 1: W.A.T.E.R. Third Amendment Staff Contact: Emily Folker, Principal Management Analyst; Raymond Smith, Deputy Chief Page 257 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A THIRD AMENDMENT TO THE SOFTWARE LICENSE AGREEMENT BETWEEN THE CITY AND WORLD ADVANCEMENT OF TECHNOLOGY FOR EMS AND RESCUE (W.A.T.E.R) WHEREAS, The Chula Vista Fire Department delivers quality Basic Life Support (BLS) and Advanced Life Support (ALS) services to residents, visitors, and employees every day; and WHEREAS, the provision of Advanced Life Support requires medical equipment to include cardiac monitor and Autopulse CPR devices; and WHEREAS, the City currently contracts with World Advancement of Technology for EMS and Rescue ( W.A.T.E.R.) for the Onscene software that is utilized to create and store medical records for patients seen as part of EMS activity; and WHEREAS, staff is requesting approval of the third amendment to the current two-party software license agreement between the City of Chula Vista and W.A.T.E.R; and WHEREAS, the third amendment would revise the services to be provided, update the fees to be paid under the existing agreement, and be in effect for one year, with an optional one-year extension, for a not-to-exceed amount of $100,000 for the two-year period. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby approves the third amendment to the two-party software license agreement between the City and World Advancement of Technology for EMS and Rescue (W.A.T.E.R), 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 City Manager or designee to execute same. Presented by Approved as to form By: Harry Muns Jill D.S. Maland Fire Chief Lounsbery Ferguson Altona & Peak Acting City Attorney Page 258 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Version 2.0 Amendment to the Software License Agreement Page 1 of 5 © W.A.T.E.R.  1748 San Diego Avenue, San Diego, CA 92110  (619) 955-6488 / fax (619) 299-9946 THIS AMENDMENT TO THE SOFTWARE LICENSE AGREEMENT (this “Amendment”) is entered into as of July 1st, 2023 (the “Effective Date”) by and between World Advancement of Technology for EMS and Rescue, Inc., a Delaware corporation with offices at 1748 San Diego Ave, San Diego, CA 92110 (“W.A.T.E.R.”), and City of Chula Vista, with offices at 276 Fourth Avenue, Chula Vista, CA 91910 (“CUSTOMER”). The W.A.T.E.R. and CUSTOMER previously entered into a software license agreement, executed by the parties on May 8, 2013 (the “Agreement”). The Agreement was subsequently amended on August 1, 2014 and April 1, 2021. In consideration of the mutual agreements contained herein and intending to be legally bound hereby, W.A.T.E.R. and CUSTOMER hereby agree to further amend the Agreement as set forth below: 1. Section 7. “Term” is amended as follows: add the following at the end of the last sentence: “, until June 30, 2024, after which the CUSTOMER shall have the option to extend the Agreement for one additional year, upon written notice to W.A.T.E.R.” 2. Exhibits A, B, and C of the original Agreement, as amended, are replaced with the attached Exhibits A, B, and C, respectively. 3. This Amendment is subject to all of the terms and conditions of the existing Software License Agreement between W.A.T.E.R. and CUSTOMER. Except as otherwise expressly amended, all other terms of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the Effective Date. City of Chula Vista World Advancement of Technology for EMS and Rescue, Inc. By: By: Name: Maria Kachadoorian Name: Kelin Buckley Title: City Manager Title: Operations Manager Date: Date: Approved as to form this __ day of August, 2023 JILL MALAND, Acting City Attorney By: Name: Megan McClurg Title: Assistant City Attorney Page 259 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Version 2.0 Amendment to the Software License Agreement Page 2 of 5 © W.A.T.E.R.  1748 San Diego Avenue, San Diego, CA 92110  (619) 955-6488 / fax (619) 299-9946 EXHIBIT A SOFTWARE: Street EMS License for Chula Vista – 9 First Responder &13 Transport Units Street EMS Server License for Chula Vista – 9 First Responder &13 Transport Units Street Fire RMS License for Chula Vista Street Fire RMS Server License for Chula Vista INTERFACES: Real-time CAD Interface License for Chula Vista Real-time Billing Interface License for Chula Vista Real-time Zoll Monitor Interface License for Chula Vista Real-time San Diego County Reporting Interface for Chula Vista SOFTWARE DOCUMENTATION: Street EMS Crew Guide Street EMS Server Manual Street Fire RMS Supplement Page 260 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Version 2.0 Amendment to the Software License Agreement Page 3 of 5 © W.A.T.E.R.  1748 San Diego Avenue, San Diego, CA 92110  (619) 955-6488 / fax (619) 299-9946 EXHIBIT B SCHEDULE OF FEES CUSTOMER agrees to pay fees to W.A.T.E.R. as described below W.A.T.E.R. Support and Maintenance Street EMS S&M for 21 units & up to 25k EMS records/year $ 3,750 per month Street Fire RMS S&M for Chula Vista Included Total W.A.T.E.R. Maintenance $ 44,750 per year Maintenance includes support for all software, interfaces & documentation listed in Exhibit A Maintenance & Support Services billed monthly, and payments begin the month of the Effective Date. Additional Terms 1. Any additional services rendered above those included in this agreement will be billed separately. A cost estimate will be submitted by W.A.T.E.R. for approval by CUSTOMER prior to rendering of services. Billing is calculated to the next 15-minute increment and invoiced monthly. There is a 2-hour minimum for each support service incident. The current rate for additional services is as follows: a. $175 per hour: 8AM to 5PM, Monday through Friday (excluding national holidays). b. $265 per hour: 5:01PM to 12AM, Monday through Friday (excluding national holidays). c. $350 per hour: 12:01AM to 7:59AM, Monday through Friday and 24 hours on weekends and national holidays. 2. An active Business Associate Agreement must be maintained. 3. Street Fire RMS Maintenance is included at no additional cost for Chula Vista as an active Street EMS client. Street Fire RMS Maintenance will be assessed when/if Chula Vista is no longer a Street EMS client, & should wish to continue use of Street Fire RMS. 4. Support & Maintenance fees will automatically increase 3% each year on the anniversary of the Effective Date. 5. Support & Maintenance fees based on maximum annual EMS incident volume of 25,000. Annual volume in excess of 25,000 may trigger an additional increase to Support & Maintenance fees. 6. W.A.T.E.R. shall provide CUSTOMER with not less than 150 days’ advanced notice, in writing of any proposed changes to the rates, other than the automatic increase provided for in term 4 of this clause. W.A.T.E.R. cannot change its rates more than once each term (including renewal terms). 7. Fees for the period July 1, 2023 through June 30, 2024 shall be $44,750. If the City elects to renew the Agreement for an additional one-year term pursuant to Section 7. of the Agreement, fees for the two-year period ending June 30, 2025 shall not exceed $100,000, provided Chula Vista’s annual call volume does not exceed 30,000 EMS incidents. Notwithstanding the foregoing, CUSTOMER retains the right to terminate the Agreement for convenience upon 30 days’ written notice, pursuant to Section 7. Prerequisites: CUSTOMER shall provide all CAD and Street EMS devices. Page 261 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Version 2.0 Amendment to the Software License Agreement Page 4 of 5 © W.A.T.E.R.  1748 San Diego Avenue, San Diego, CA 92110  (619) 955-6488 / fax (619) 299-9946 EXHIBIT C SUPPORT TERMS Software Support Services. During the term of the Agreement, CUSTOMER shall receive standard Software Support Services from W.A.T.E.R.. Subject to payment of fees, W.A.T.E.R. shall provide the following Software Support Services for the W.A.T.E.R. software licensed by CUSTOMER (“Software”): 1. Standard Support. W.A.T.E.R. will provide reasonable email support for problem determination and resolution as described further herein during W.A.T.E.R.’s normal working hours of 8:00 a.m. to 5:00 p.m. (business hours), Monday through Friday (business days, excluding major holidays and W.A.T.E.R. recognized holidays), Pacific Time for all problems related to the Software (“Standard Support”). W.A.T.E.R. maintains a support contact email address (support@wateronscene.com). This contact information is subject to change upon written notice to CUSTOMER. Help desk support can be reached during Standard Support Hours at (619) 955-6488 x301. The support line will ring a support person or persons during business hours. W.A.T.E.R. has policies and procedures in place to ensure best reasonable efforts are made to answer all support calls during business hours, and to return any missed calls as soon as reasonably possible. 2. Emergency Support. Emergency support can be reached for resolution of business-critical issues outside of Standard Support Hours at (619) 363-4007. This contact information is subject to change upon written notice to CUSTOMER. Calling the emergency support line constitutes authorization for W.A.T.E.R. to bill two hours at the rates described in Exhibit B Section 1, a-c. If the resolution will take longer than two hours to complete, W.A.T.E.R. will get approval before performing additional billed work, per the terms in Exhibit B, Section 1. W.A.T.E.R. reserves the right to waive this charge at its sole discretion. 3. Updates and Upgrades. W.A.T.E.R. will, from time to time when and if available, make available to CUSTOMER Updates and Upgrades. Nothing herein shall require W.A.T.E.R. to develop or provide Upgrades or Updates except as necessary to comply with its Error Correction obligations described herein. Updates and Upgrades will be treated as Software and subject to the terms of the License Agreement. 4. Maintenance Window. W.A.T.E.R. will, from time to time, be required to perform routine maintenance to the Street EMS application. The regular weekly maintenance windows are Wednesdays, from 9:00-10:00a.m. PST, and Sundays, from 2:00-3:00pm, PST. During the window Users may only be able to utilize Street EMS & Street Fire RMS in offline mode. 5. Error Correction. W.A.T.E.R. will correct reproducible errors in the Software, and assist CUSTOMER in resolving operational issues pertaining to the CUSTOMER’s deployment and use of the Software as provided by W.A.T.E.R. according to the schedule below. W.A.T.E.R.’s obligations under this section shall not include error correction for any software written, provided or modified by CUSTOMER. Priority Description Acknowledgement Resolution Standard Issues Issues that are not Priority Issues Within 3 days Commercially reasonable effort Page 262 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Version 2.0 Amendment to the Software License Agreement Page 5 of 5 © W.A.T.E.R.  1748 San Diego Avenue, San Diego, CA 92110  (619) 955-6488 / fax (619) 299-9946 Priority Issues Issues that substantially degrade the performance of the Software or materially restrict the use of the Software Within 24 hours Commercially reasonable effort (A) Acknowledgement consists of an acknowledgement to the CUSTOMER, via email or telephone, as to the receipt of the problem as reported. (B) Resolution consists of providing, as appropriate, one of the following to CUSTOMER: an existing correction; a new correction; a viable detour, work around or temporary patch and, where the fix is temporary, a plan on how the problem will be finally corrected. 6. Services By Designated Parties. W.A.T.E.R. may designate third parties including distributors, OEMs (Original Equipment Manufacturers), or VARs (Value Added Resellers) to provide any of the Software Support Services identified in this Exhibit C, provided, however, that W.A.T.E.R. shall at all times remain responsible to CUSTOMER for the performance of all Software Support Services. 7. On-Site Emergency Support. In critical situations, CUSTOMER may request W.A.T.E.R. to provide on-site emergency software support services as a separate and distinct billable service. Such services shall be reimbursed at the then current rates set forth in Exhibit B for additional services. 8. CUSTOMER’s Obligations for Operational Support. 8.1. Contact Person(s). CUSTOMER will designate up to two (2) Contact Person(s) (or such other replacement individuals as CUSTOMER may designate in writing) who shall be the sole contacts for the coordination and receipt of the Software Support Services set forth in this Agreement. Each Contact Person shall be knowledgeable about the Software. If W.A.T.E.R. is unable to contact any designated Contact Person after reasonable attempts to do so, and such contact is necessary for performing the Software Support Services, W.A.T.E.R. may delay performance of the services until W.A.T.E.R. is able to contact a designated Contact Person, in which case the times for Resolution set forth above will be adjusted for any such delay. 8.2. Supporting Data. CUSTOMER will provide reasonable supporting data to aid in the identification and resolution of the issue. Page 263 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda v . 0 03 P a g e | 1 August 8, 2023 ITEM TITLE Project Agreement and Appropriation: Approve an Agreement with Caltrans to Develop the Project Report and Environmental Documents for a Capital Improvement Project at SR-125 and Main Street/Otay Valley Road (STM0409) and Appropriate Funds Report Number: 23-0200 Location: State Route 125 at Future Main Street and Otay Valley Road Department: Engineering & Development Services Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) 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 CEQA State Guidelines Section 15061(b)(3). Recommended Action Adopt a resolution approving a cooperative agreement with Caltrans for assistance in the development of the Project Report and Environmental Documents for Capital Improvement Project STM0409 (SR-125 and Main Street/Otay Valley Road interchanges) and appropriate $300,000 from the Transportation Development Impact Fee Fund to STM0409 for that purpose. (4/5 Vote Required) SUMMARY The City Council approved Resolution No. 2022-264 at the December 6, 2022 Council Meeting, which authorized initiating the Project Approval and Environmental Document development phase for the SR-125 and MainStreet/Otay Valley Road Interchanges project by amending the project description for Capital Improvement Project (“CIP”) STM0409 to include this environmental review phase. During the environmental review phase, the Project Report and Environmental Documents (“PR-ED”) will be developed and ultimately approved. Both State and Federal level Environmental Documents are being prepared to allow the projects use of State and Federal funds, should they become available. The resolution also approved a draft Cooperative Agreement between the California Department of Transportation (“Caltrans”) and the City of Chula Vista establishing and assigning each agencies roles, Page 264 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda P a g e | 2 responsibilities, standards of practice and funding obligations needed for the PR&EDs required for this phase of project development. The City of Chula Vista will be the Lead Agency for the California Environmental Quality Act (“CEQA”) process. When the City is the Lead Agency for CEQA, Caltrans provides all their Quality Management and Responsible Agency services for the CEQA document at no cost to the City. For the National Environmental Policy Act (“NEPA”) process, only Caltrans can be the Lead Agency and the City is obligated to advance their costs to develop the NEPA document. The funding obligation section of the previously approved cooperative agreement omitted remittance to Caltrans for development of the NEPA document. Caltrans provided an estimated cost of $300,000 to prepare the NEPA documents for the project. The cooperative agreements funding section was revised to include this estimated cost which will be appropriated from Eastern Transportation Development Impact Fee (“ETDIF”) funds. HomeFed Corporation (“Developer”) will reimburse the City and is eligible for ETDIF Credit for these costs. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with CEQA and has determined that the activity is not a “Project,” as defined under Section 15378 of the state CEQA Guidelines. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Therefore, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION The Final Environmental Impact Report/Statement for SR-125, dated January 2000, contemplated three future interchanges and a freeway-to-freeway connector at SR-905 to be approved and built by others at some future point in time after the initial opening phase. The interchanges contemplated were consistent with the Chula Vista Circulation Element of the General Plan. Of those three planned interchanges, Birch Road has been built while Main Street (formerly Rock Mountain Road and extension of Hunte Parkway) and Otay Valley Road have not. Recent advance planning and traffic analysis evaluations confirmed that both new interchanges are still needed to accommodate regional trip service generated by the development of Otay Ranch and to avoid unacceptable levels of traffic congestion. These two interchanges are also identified in the City's ETDIF Program as facilities 67 & 68. Consequently, two years ago, city staff established CIP STM0409 to initiate the first phase, the Project Initiation Document phase (“PID”), of the project development process for these two interchanges. During the PID phase, the city staff worked with the Developer, their consultant team, and Caltrans on the development and approval of the Project Study Report (“PSR”) which evaluates various geometric options and establishes a consensus with Caltrans on the alternatives that will be evaluated during the next phase of development. The PSR was approved on November 2, 2022, completing the PID phase. Page 265 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda P a g e | 3 Project Initiation Document Phase (Phase 1 - completed) Per a Highway Improvement Agreement between the Developer and Caltrans, technical studies were conducted and evaluated to determine the final geometric design alternatives and the proposed improvements needed in the segment of SR-125 between the existing Birch Road interchange and the Bob Pletcher Way undercrossing. The project team consisting of the Developer, their consultant team (“TYLIN”), Caltrans, and the City compiled the findings and completed the Project Study Report – Project Development Support (“PSR-PDS”) document. The PSR-PDS was approved by Caltrans on November 2, 2022 (Attachment 1) and provided an analysis of four build alternatives, and a no-build alterative. Alternative A considers a full interchange at Main Street and an overcrossing without ramp connections to SR-125 at Otay Valley Road. Alternative B considers overcrossings at both locations and one-way frontage roads between them that parallels each side of SR-125, creating a road couplet configuration between the off and on ramps. Alternative C considers full interchanges at both locations and auxiliary lanes in both directions, on SR-125, between the on/off ramps. Finally, Alternative D is called the “Minimum Build Alternative” and considers only local street overcrossings at both locations with no ramp connections to access the SR-125. The City has issued the Developer ETDIF credits for the eligible costs incurred to complete the PSR-PDS costs, pursuant to Chula Vista Municipal Code (“CVMC”) Section 3.54.140. This work primarily included consulting engineering costs. Project Approval and Environmental Document Phase (Phase 2) The Project Approval and Environmental Document phase is now beginning. The PSR-PDS anticipated environmental documents needed for the project would be an Environmental Impact Report (“EIR”) for CEQA and a routine Environmental Assessment (“EA”) leading to a Finding of No Significant Impact (“FONSI”) for NEPA. Development of a joint CEQA/NEPA document is recommended to streamline this phase and minimize overlapping environmental technical studies and reports. Additionally, it is recommended that the City take on the role of CEQA Lead Agency. As CEQA Lead Agency, the City has better control over the project schedules, costs and, Caltrans would provide their Quality Management and Responsible Agency services at no cost to the City. A Cooperative Agreement is required when a Local Agency takes the role of CEQA Lead Agency in lieu of Caltrans (Attachment 2). Caltrans is prohibited from delegating the NEPA Lead Agency role to another agency and requires the City to advance the funds to cover the cost of their efforts to develop the NEPA document. The NEPA document is required to pursue any Federal funding opportunities. Caltrans provided an estimated cost of $300,000 to provide NEPA Lead Agency services. A final Cooperative Agreement has been prepared and is included as Attachment 2 of this item. Developer has submitted two letters to the City Manager dated June 29, 2022, and July 30, 2020, requesting that the City of Chula Vista be the CEQA Lead, authorize beginning work on the P S&ED project development phase for these interchanges and, confirm that the work is eligible to receive ETDIF credits (Attachment 3). Costs for City staff are included in the CIP budget (STM0409). The Developer would fund the consultant team cost, reimburse the City for Caltrans costs, and request ETDIF credit at the conclusion of project phase milestones. Page 266 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda P a g e | 4 Process for Granting ETDIF Credits The ETDIF ordinance sets forth a procedure for issuance of fee credits to developers for the design and construction of ETDIF facilities (CVMC 3.54.150). The Developer is required to comply with the procedural requirements set forth in the ETDIF ordinance to receive ETDIF credit. Developer has requested and staff has concurred that credits may be granted upon completion of each phase of the project instead of the construction completion. The first two phases are: 1. Phase 1: Project Initiation Document via Project Study Report (Approximately $365,000) – fee credits granted 2. Phase 2: Project Report/Environmental Document (Approximately $6.5M) Fee Credits will be granted based on documentation of actual costs submitted to the City by Developer, which will be audited by city staff and approved by the Director of Development Services. The Developer concurs with this approach. This agreement is set-forth in a letter dated February 27, 2023 (Attachment 3.) City staff recommends approval of the revised final cooperative agreement. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Councilmembers 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 This CIP is included in the ETDIF Program as future interchanges at SR-125/Main Street-Hunte Parkway and at SR-125/Otay Valley Road. The cost for these two interchanges is included in the ETDIF program. The action tonight will appropriate $300,000 from ETDIF Fund to STM0409 for NEPA Lead Agency work on the NEPA environmental document. There are sufficient funds available in the ETDIF for this appropriation. ONGOING FISCAL IMPACT The cost for the two future interchanges at SR-125/Main Street-Hunte Parkway and at SR-125/Otay Valley Road are included in the ETDIF program. Future appropriations will be approved as part of the City’s annual CIP Program. ATTACHMENTS 1. PSR-PDS document dated November 2, 2022 2. Caltrans Cooperative Agreement (final) 3. HomeFed Corporation Letters dated June 29, 2022, and July 30, 2020 Staff Contact: William S. Valle – Director of Engineering & Capital Projects Laura C. Black, AICP – Director of Development Services Page 267 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda P a g e | 5 Kimberly Elliott – Facilities Finance Manager, Development Services Department Page 268 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda RESOLUTION NO. 2023-_____ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A COOPERATIVE AGREEMENT WITH CALTRANS TO DEVELOP THE PROJECT REPORT AND ENVIRONMENTAL DOCUMENTS FOR CIP STM0409 (SR-125 AND MAIN STREET/OTAY VALLEY ROAD INTERCHANGES) AND APPROPRIATING FUNDS FROM THE AVAILABLE BALANCE OF THE TRANSPORTATION DIFS FUND TO CIP STM0409 WHEREAS, over the last two years, the City has been working with a developer, HomeFed Corporation, their consultant team, and Caltrans on the preliminary engineering for the work necessary to obtain geometric consensus with Caltrans on future interchanges along SR- 125 at Main Steet-Hunte Parkway and at Otay Valley Road; and WHEREAS, due to continued development growth in southeastern Chula Vista, available roadway capacity is slowly being lost at Olympic Parkway near Interstate-805 as development continues along the southerly portion of Otay Ranch for Villages 4, 8 West, 8 East, 9, 10 & and the University Innovation District necessitating additional roadway capacity; and WHEREAS, regional transportation facilities require a longer lead time than local transportation facilities and coordination, not only with the adjacent landowners but with regional agencies such as Caltrans and SANDAG; and WHEREAS, Preliminary Engineering & Planning level work has commenced on two Eastern Transportation Development Impact Fee (ETDIF) facilities across the SR-125 corridor between the Otay Ranch areas of Village 8 East and Village 9; and WHEREAS, the two local streets that will cross the SR-125 toll road corridor at Main Street-Hunte Parkway and at Otay Valley Road are needed to provide convenient access locally and regionally; and WHEREAS, the roadways and interchange improvements are shown in the 2005 Chula Vista General Plan and are included in the Eastern Transportation Development Impact Fee Program; and WHEREAS, in September 2022 Caltrans approved the Project Initiation Document for the planned SR-125 interchange improvements; and WHEREAS, the City of Chula Vista will act as the Local Agency California Environmental Quality Act (CEQA) Lead for the Project Report/Environmental Document, Caltrans is the Responsible Agency for CEQA and the Lead Agency for the National Environmental Policy Act (NEPA), and the developer will administer the consultant contract in cooperation with the City; and Page 269 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Resolution No. 2023-_____ Page 2 WHEREAS, the funding obligation section of the previously approved cooperative agreement omitted remittance to Caltrans for development of the NEPA document; and WHEREAS, Caltrans provided an estimated cost of $300,000 to prepare the NEPA documents for the project; and WHEREAS, the cooperative agreements funding section was revised to include this estimated cost which will be appropriated from the Eastern Transportation Development Impact Fee account and is eligible for Fee Credit to the developer; and WHEREAS, City staff recommends approval of this revised final cooperative agreement; and WHEREAS, Caltrans, the developer and the City wish to memorialize their participation in a Cooperative Agreement (COOP) to carry out the purposes set forth above; and WHEREAS, the developer will receive credits from the ETDIF Program for all eligible expenses incurred, in accordance with procedural requirements of the ETDIF Ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it approves a Cooperative Agreement with Caltrans to Develop the Project Report and Environmental Documents for Capital Improvement Project STM0409 (SR-125 and Main Street/Otay Valley Road Interchanges), 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; and BE IT FUTHER RESOLVED by the City Council of the City of Chula Vista that it appropriates $300,000 from the available balance of the Transportation DIFs Fund to CIP STM0409. Presented by Approved as to form by ___________________________ ___________________________ William S. Valle Jill D.S. Maland Director of Engineering & Capital Projects Lounsbery Ferguson Altona & Peak Acting City Attorney Page 270 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Attachment 1 Page 271 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 272 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 273 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 274 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 275 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 276 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 277 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 278 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 279 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 280 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 281 of 561 City of Chula Vista City 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August 8, 2023 Post Agenda Page 295 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 296 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 297 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 298 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 299 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 300 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 301 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 302 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 303 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 304 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 305 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 306 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 307 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 308 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 309 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Agreement 11-0743 Project No. 1121000025 EA 43122 11-SD-125-0.0/2.3 Project Development Agreement 2017-02-17 (Created April 26, 2023) i COOPERATIVE AGREEMENT COVER SHEET Work Description CALTRANS TO PROVIDE OVERSIGHT ON ENVIRONMENTAL DOCUMENT THAT IS CONSIDERING NEW INTERCHANGE LOCATIONS ON STATE ROUTE 125 BETWEEN THE OTAY RIVER AND BIRCH ROAD TO ACCOMMODATE ANTICIPATED INCREASED TRAFFIC DEMAND DUE TO NEW DEVELOPMENT EXPANSION IN THE EASTERN OTAY RANCH AREA OF CHULA VISTA AND THE CITY OF CHULA VISTA WILL ACT AS THE LOCAL AGENCY CEQA LEAD FOR THE ENVIRONMENTAL PHASE Contact Information CALTRANS Brooke Filak, Project Manager 4050 Taylor Street San Diego, CA 92110 Office Phone: (858) 688-1592 Email: Brooke.Filak@dot.ca.gov CITY OF CHULA VISTA Todd Philips, Planning Manager, Development Services Dept. 276 Fourth Ave Chula Vista, CA 91910 Office Phone: (619) 409-5465 Email: tphilips@chulavistaca.gov Attachment 2 Page 310 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Cover Sheet AGREEMENT 11-0743 Project No. 1121000025 Project Development Agreement 2017-02-17 (Created April 26, 2023) ii Table of Contents COOPERATIVE AGREEMENT ......................................................................................................... 1 RECITALS ........................................................................................................................................... 1 RESPONSIBILITIES ........................................................................................................................... 2 Sponsorship ...................................................................................................................................... 2 Implementing Agency ...................................................................................................................... 3 Funding ............................................................................................................................................ 3 CALTRANS’ Quality Management ................................................................................................ 4 CEQA/NEPA Lead Agency ............................................................................................................. 5 Environmental Permits, Approvals and Agreements ....................................................................... 5 Project Approval and Environmental Document (PA&ED) ............................................................ 5 California Environmental Quality Act (CEQA) .......................................................................... 6 National Environmental Policy Act (NEPA) .............................................................................. 8 Schedule ........................................................................................................................................... 9 Additional Provisions ..................................................................................................................... 10 Standards ................................................................................................................................... 10 Noncompliant Work .................................................................................................................. 10 Qualifications ............................................................................................................................ 10 Consultant Selection .................................................................................................................. 10 Encroachment Permits ............................................................................................................... 11 Protected Resources .................................................................................................................. 11 Disclosures ................................................................................................................................ 11 Hazardous Materials .................................................................................................................. 12 Claims ........................................................................................................................................ 13 Accounting and Audits .............................................................................................................. 13 Interruption of Work ................................................................................................................. 14 Penalties, Judgements and Settlements ..................................................................................... 15 Project Files ............................................................................................................................... 15 GENERAL CONDITIONS ................................................................................................................ 15 Venue ............................................................................................................................................. 15 Exemptions ..................................................................................................................................... 15 Indemnification .............................................................................................................................. 16 Non-parties ..................................................................................................................................... 16 Ambiguity and Performance .......................................................................................................... 16 Page 311 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Cover Sheet AGREEMENT 11-0743 Project No. 1121000025 Project Development Agreement 2017-02-17 (Created April 26, 2023) iii Defaults .......................................................................................................................................... 17 Dispute Resolution ......................................................................................................................... 17 Prevailing Wage ............................................................................................................................. 17 SIGNATURES .................................................................................................................................... 19 FUNDING SUMMARY No. 01 ........................................................................................................... 1 FUNDING TABLE .......................................................................................................................... 1 SPENDING SUMMARY ................................................................................................................ 1 Funding ............................................................................................................................................ 1 Invoicing and Payment ..................................................................................................................... 1 Project Approval and Environmental Document (PA&ED) ....................................................... 2 CLOSURE STATEMENT.................................................................................................................... 3 Page 312 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Cover Sheet AGREEMENT 11-0743 Project No. 1121000025 Project Development Agreement 2017-02-17 (Created April 26, 2023) iv Page 313 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Agreement 11-0743 Project No. 1121000025 EA 43122 11-SD-125-0.0/2.3 Project Development Agreement 2017-02-17 (Created April 26, 2023) 1 of 19 COOPERATIVE AGREEMENT This AGREEMENT, executed on and effective from _______________________________, is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and: City of Chula Vista, a body politic and municipal corporation or chartered city of the State of California, referred to hereinafter as CITY. An individual signatory agency in this AGREEMENT is referred to as a PARTY. Collectively, the signatory agencies in this AGREEMENT are referred to as PARTIES. RECITALS 1. PARTIES are authorized to enter into a cooperative agreement for improvements to the State Highway System per the California Streets and Highways Code, Sections 114 and 130. 2. For the purpose of this AGREEMENT, CALTRANS to provide oversight on Environmental document that is considering new interchange locations on State Route 125 between the Otay River and Birch Road to accommodate anticipated increased traffic demand due to new development expansion in the eastern Otay Ranch area of Chula Vista and the City of Chula Vista will act as the Local Agency CEQA Lead for the Environmental phase which will be referred to hereinafter as PROJECT. The PROJECT scope of work is defined in the project initiation and approval documents (e.g. Project Study Report, Design Engineering Evaluation Report, or Project Report). 3. All obligations and responsibilities assigned in this AGREEMENT to complete the following PROJECT COMPONENT will be referred to hereinafter as WORK: • PROJECT APPROVAL AND ENVIRONMENTAL DOCUMENT (PA&ED) Each PROJECT COMPONENT is defined in the CALTRANS Workplan Standards Guide as a distinct group of activities/products in the project planning and development process. Page 314 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Agreement 11-0743 Project No. 1121000025 Project Development Agreement 2017-02-17 (Created April 26, 2023) 2 of 19 4. The term AGREEMENT, as used herein, includes this document and any attachments, exhibits, and amendments. This AGREEMENT is separate from and does not modify or replace any other cooperative agreement or memorandum of understanding between the PARTIES regarding the PROJECT. PARTIES intend this AGREEMENT to be their final expression that supersedes any oral understanding or writings pertaining to the WORK. The requirements of this AGREEMENT will preside over any conflicting requirements in any documents that are made an express part of this AGREEMENT. If any provisions in this AGREEMENT are found by a court of competent jurisdiction to be, or are in fact, illegal, inoperative, or unenforceable, those provisions do not render any or all other AGREEMENT provisions invalid, inoperative, or unenforceable, and those provisions will be automatically severed from this AGREEMENT. Except as otherwise provided in the AGREEMENT, PARTIES will execute a written amendment if there are any changes to the terms of this AGREEMENT. PARTIES agree to sign a CLOSURE STATEMENT to terminate this AGREEMENT. However, all indemnification, document retention, audit, claims, environmental commitment, legal challenge, maintenance and ownership articles will remain in effect until terminated or modified in writing by mutual agreement or expire by the statute of limitations. 5. The following work associated with this PROJECT has been completed or is in progress: • DEVELOPER, HOMEFED completed the Project Initiation Document (Cooperative Agreement No. 11-0732). 6. In this AGREEMENT capitalized words represent defined terms, initialisms, or acronyms. 7. PARTIES hereby set forth the terms, covenants, and conditions of this AGREEMENT. RESPONSIBILITIES Sponsorship 8. A SPONSOR is responsible for establishing the scope of the PROJECT and securing the financial resources to fund the WORK. A SPONSOR is responsible for securing additional funds when necessary or implementing PROJECT changes to ensure the WORK can be completed with the funds committed in this AGREEMENT. PROJECT changes, as described in the CALTRANS Project Development Procedures Manual, will be approved by CALTRANS as the owner/operator of the State Highway System. Page 315 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Agreement 11-0743 Project No. 1121000025 Project Development Agreement 2017-02-17 (Created April 26, 2023) 3 of 19 9. CITY is the SPONSOR for the WORK in this AGREEMENT. Implementing Agency 10. The IMPLEMENTING AGENCY is the PARTY responsible for managing the scope, cost, schedule, and quality of the work activities and products of a PROJECT COMPONENT. • CITY is the Project Approval and Environmental Document (PA&ED) IMPLEMENTING AGENCY. PA&ED includes the completion of the Final Environmental Document and the Project Report (documenting the project alternative selection). 11. CITY will provide a Quality Management Plan (QMP) for the WORK in every PROJECT COMPONENT that they are the IMPLEMENTING AGENCY of. The QMP describes the IMPLEMENTING AGENCY’s quality policy and how it will be used. The QMP will include a process for resolving disputes between the PARTIES at the team level. The QMP is subject to CALTRANS review and approval. 12. Any PARTY responsible for completing WORK will make its personnel and consultants that prepare WORK available to help resolve WORK-related problems and changes for the entire duration of the PROJECT including PROJECT work that may occur under separate agreements. Funding 13. Funding sources, PARTIES committing funds, funding amounts, and invoicing/payment details are documented in the Funding Summary section of this AGREEMENT. PARTIES will amend this AGREEMENT by updating and replacing the Funding Summary, in its entirety, each time the funding details change. Funding Summary replacements will be executed by a legally authorized representative of the respective PARTIES. The most current fully executed Funding Summary supersedes any previous Funding Summary created for this AGREEMENT. 14. PARTIES will not be reimbursed for costs beyond the funding commitments in this AGREEMENT. 15. Unless otherwise documented in the Funding Summary, overall liability for project costs within a PROJECT COMPONENT, subject to program limitations, will be in proportion to the amount contributed to that PROJECT COMPONENT by each fund type. Page 316 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Agreement 11-0743 Project No. 1121000025 Project Development Agreement 2017-02-17 (Created April 26, 2023) 4 of 19 16. Unless otherwise documented in the Funding Summary, any savings recognized within a PROJECT COMPONENT will be credited or reimbursed, when allowed by policy or law, in proportion to the amount contributed to that PROJECT COMPONENT by each fund type. 17. WORK costs, except those that are specifically excluded in this AGREEMENT, are to be paid from the funds obligated in the Funding Summary. Costs that are specifically excluded from the funds obligated in this AGREEMENT are to be paid by the PARTY incurring the costs from funds that are independent of this AGREEMENT. CALTRANS’ Quality Management 18. CALTRANS, as the owner/operator of the State Highway System (SHS), will perform quality management work including Quality Management Assessment (QMA) and owner/operator approvals for the portions of WORK within the existing and proposed SHS right-of-way. 19. CALTRANS’ Quality Management Assessment (QMA) efforts are to ensure that CITY's quality assurance results in WORK that is in accordance with the applicable standards and the PROJECT’s quality management plan (QMP). QMA does not include any efforts necessary to develop or deliver WORK or any validation by verifying or rechecking WORK. When CALTRANS performs QMA, it does so for its own benefit. No one can assign liability to CALTRANS due to its QMA. 20. CALTRANS, as the owner/operator of the State Highway System, will approve WORK products in accordance with CALTRANS policies and guidance and as indicated in this AGREEMENT. 21. Per National Environmental Policy Act (NEPA) assignment and California Environmental Quality Act (CEQA) statutes, CALTRANS will perform environmental document quality control and NEPA assignment review procedures for environmental documentation. CALTRANS quality control and quality assurance procedures for all environmental documents are described in Chapter 38 of the Standard Environmental Reference (SER), available at https://dot.ca.gov/programs/environmental-analysis/standard-environmental-reference- ser/volume-1-guidance-for-compliance/ch-38-nepa-assignment. This also includes the independent judgement analysis and determination under CEQA that the environmental documentation meets CEQA requirements. 22. CITY will provide WORK-related products and supporting documentation upon CALTRANS’ request for the purpose of CALTRANS’ quality management work. Page 317 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Agreement 11-0743 Project No. 1121000025 Project Development Agreement 2017-02-17 (Created April 26, 2023) 5 of 19 23. CITY, including any employee, agent, consultant or sub-consultant retained by the CITY, shall implement uniform document control policies necessary to retain all records and electronically stored information associated with the WORK, including but not limited to those records identified in California Public Resources Code, Section 21167.6, and including email and attachments, in a manner consistent with the CALTRANS Uniform Filing System and the “Final Caltrans Environmental Records Retention Policy”, available at https://dot.ca.gov/- /media/dot-media/programs/environmental-analysis/documents/ser/nepa-recordretention- policy-final-a11y.pdf. These records, along with an index of the records, shall be provided to CALTRANS within 60 days of CALTRANS’ written request. CEQA/NEPA Lead Agency 24. CITY is the CEQA Lead Agency for the PROJECT. 25. CALTRANS is a CEQA Responsible Agency for the PROJECT. 26. CALTRANS is the NEPA Lead Agency for the PROJECT. Environmental Permits, Approvals and Agreements 27. PARTIES will comply with the commitments and conditions set forth in the environmental documentation, environmental permits, approvals, and applicable agreements as those commitments and conditions apply to each PARTY’s responsibilities in this AGREEMENT. 28. Unless otherwise assigned in this AGREEMENT, the IMPLEMENTING AGENCY for a PROJECT COMPONENT is responsible for all PROJECT COMPONENT WORK associated with coordinating, obtaining, implementing, renewing, and amending the PROJECT permits, agreements, and approvals whether they are identified in the planned project scope of work or become necessary in the course of completing the PROJECT. 29. It is expected that the PROJECT will not require environmental permits/approvals. Project Approval and Environmental Document (PA&ED) 30. As the PA&ED IMPLEMENTING AGENCY, CITY is responsible for all PA&ED WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT. Page 318 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Agreement 11-0743 Project No. 1121000025 Project Development Agreement 2017-02-17 (Created April 26, 2023) 6 of 19 31. CALTRANS will be responsible for completing the following PA&ED activities: CALTRANS Work Breakdown Structure Identifier (If Applicable) AGREEMENT Funded Cost 100.10.10.xx Quality Management No 165.15.15.xx Essential Fish Habitat Consultation Yes 165.15.15.xx Section 7 Consultation Yes 165.25.25 Approval to Circulate Resolution Yes 180.10.05.45 Section 7 Consultation Yes 180.15.05 Record of Decision (NEPA) Yes 32. Any PARTY preparing environmental documentation, including studies and reports, will ensure that qualified personnel remain available to help resolve environmental issues and perform any necessary work to ensure that the PROJECT remains in environmental compliance. 33. CITY will provide written notice of the initiation of environmental studies to the NEPA Lead Agency prior to completing any other PA&ED phase work. California Environmental Quality Act (CEQA) 34. The CEQA Lead Agency will determine the type of CEQA documentation and will cause that documentation to be prepared in accordance with CEQA requirements. 35. Any PARTY involved in the preparation of CEQA documentation will prepare the documentation to meet CEQA requirements and follow the CEQA Lead Agency’s standards that apply to the CEQA process. 36. CALTRANS is a CEQA Responsible Agency for the PROJECT and is responsible for review, comment, and concurrence on all environmental documentation (including, but not limited to, studies, reports, public notices, and public meeting materials, determinations, administrative drafts, and final environmental documents) at appropriate stages of development prior to approval and public availability. Page 319 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Agreement 11-0743 Project No. 1121000025 Project Development Agreement 2017-02-17 (Created April 26, 2023) 7 of 19 37. Any PARTY preparing any portion of the CEQA documentation, including any studies and reports, will submit that portion of the documentation to the CEQA Lead Agency for review, comment, and approval at appropriate stages of development prior to public availability. 38. If the CEQA Lead Agency makes any changes to the CEQA documentation, the CEQA Lead Agency will allow CALTRANS to review, comment, and concur on those changes prior to the CEQA Lead Agency’s approval at appropriate stages of development prior to public availability. 39. If the CEQA Lead Agency makes any changes to CEQA-related public notices, then the CEQA Lead Agency will allow CALTRANS to review, comment, and concur on those changes prior to publication and circulation. 40. The CEQA Lead Agency will attend all CEQA-related public meetings. 41. If a PARTY who is not the CEQA Lead Agency holds a public meeting about the PROJECT, that PARTY must clearly state its role in the PROJECT and the identity of the CEQA Lead Agency on all meeting publications. All meeting publications must also inform the attendees that public comments collected at the meetings are not part of the CEQA public review process. That PARTY will submit all meeting advertisements, agendas, exhibits, handouts, and materials to the CEQA Lead Agency for review, comment, and approval at least ten (10) working days prior to publication or use. If that PARTY makes any changes to the materials, it will allow the CEQA Lead Agency to review, comment on, and approve those changes at least three (3) working days prior to the public meeting date. The CEQA Lead Agency maintains final editorial control with respect to text or graphics that could lead to public confusion over CEQA-related roles and responsibilities. Page 320 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Agreement 11-0743 Project No. 1121000025 Project Development Agreement 2017-02-17 (Created April 26, 2023) 8 of 19 National Environmental Policy Act (NEPA) 42. Pursuant to Chapter 3 of Title 23, United States Code, Sections 326 and 327, CALTRANS is the NEPA Lead Agency for the PROJECT. CALTRANS is responsible for NEPA compliance, will determine the type of NEPA documentation, and will cause that documentation to be prepared in accordance with NEPA requirements. CALTRANS, as the NEPA Lead Agency for PROJECT, is responsible for the review, comment, and approval of all environmental documentation (including, but not limited to, studies, reports, public notices, and public meeting materials, determinations, administrative drafts, and final environmental documents) at appropriate stages of development prior to approval and public availability. When required as NEPA Lead Agency, CALTRANS will conduct consultation and coordination and obtain, renew, or amend approvals pursuant to the Federal Endangered Species Act, and Essential Fish Habitat. When required as NEPA Lead Agency, CALTRANS will conduct consultation and coordination approvals pursuant to Section 106 of the National Historic Preservation Act. 43. Any PARTY involved in the preparation of NEPA documentation will follow FHWA and CALTRANS standards that apply to the NEPA process including, but not limited to, the guidance provided in the FHWA Environmental Toolkit (available at http://environment.fhwa.dot.gov/index.asp) and the CALTRANS Standard Environmental Reference. 44. Any PARTY preparing any portion of the NEPA documentation (including, but not limited to, studies, reports, public notices, and public meeting materials, determinations, administrative drafts, and final environmental documents) will submit that portion of the documentation to CALTRANS for CALTRANS’ review, comment, and approval prior to public availability. 45. CITY will prepare, publicize, and circulate all NEPA-related public notices, except Federal Register notices. CITY will submit all notices to CALTRANS for CALTRANS’ review, comment, and approval prior to publication and circulation. CALTRANS will work with the appropriate federal agency to publish notices in the Federal Register. 46. The NEPA Lead Agency will attend all NEPA-related public meetings. 47. CITY will submit all NEPA-related public meeting materials to CALTRANS for CALTRANS’ review, comment, and approval at least ten (10) working days prior to the public meeting date. Page 321 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Agreement 11-0743 Project No. 1121000025 Project Development Agreement 2017-02-17 (Created April 26, 2023) 9 of 19 48. If a PARTY who is not the NEPA Lead Agency holds a public meeting about the PROJECT, that PARTY must clearly state its role in the PROJECT and the identity of the NEPA Lead Agency on all meeting publications. All meeting publications must also inform the attendees that public comments collected at the meetings are not part of the NEPA public review process. That PARTY will submit all meeting advertisements, agendas, exhibits, handouts, and materials to the NEPA Lead Agency for review, comment, and approval at least ten (10) working days prior to publication or use. If that PARTY makes any changes to the materials, it will allow the NEPA Lead Agency to review, comment on, and approve those changes at least three (3) working days prior to the public meeting date. The NEPA Lead Agency has final approval authority with respect to text or graphics that could lead to public confusion over NEPA-related roles and responsibilities. 49. CITY will ensure that the PROJECT is included in the approved Federal Statewide Transportation Improvement Program (FSTIP) prior to the NEPA Lead Agency’s approval of the environmental document. Schedule 50. PARTIES will manage the WORK schedule to ensure the timely use of committed funds and to ensure compliance with any environmental permits, right-of-way agreements, construction contracts, and any other commitments. PARTIES will communicate schedule risks or changes as soon as they are identified and will actively manage and mitigate schedule risks. 51. The IMPLEMENTING AGENCY for each PROJECT COMPONENT will furnish PARTIES with written quarterly progress reports during the completion of the WORK. Page 322 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Agreement 11-0743 Project No. 1121000025 Project Development Agreement 2017-02-17 (Created April 26, 2023) 10 of 19 Additional Provisions Standards 52. PARTIES will perform all WORK in accordance with federal and California laws, regulations, and standards; Federal Highway Administration (FHWA) standards; and CALTRANS standards. CALTRANS standards include, but are not limited to, the guidance provided in the: • CADD Users Manual • CALTRANS policies and directives • Plans Preparation Manual • Project Development Procedures Manual (PDPM) • Workplan Standards Guide • Standard Environmental Reference • Highway Design Manual • Encroachment Permit Manual Noncompliant Work 53. CALTRANS retains the right to reject noncompliant WORK. CITY agrees to suspend WORK upon request by CALTRANS for the purpose of protecting public safety, preserving property rights, and ensuring that all WORK is in the best interest of the State Highway System. Qualifications 54. Each PARTY will ensure that personnel participating in WORK are appropriately qualified or licensed to perform the tasks assigned to them. Consultant Selection 55. CITY will invite CALTRANS to participate in the selection of any consultants that participate in the WORK. Page 323 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Agreement 11-0743 Project No. 1121000025 Project Development Agreement 2017-02-17 (Created April 26, 2023) 11 of 19 Encroachment Permits 56. CALTRANS will issue, upon proper application, the encroachment permits required for WORK within State Highway System (SHS) right-of-way. CITY, their contractors, consultants, agents, and utility owners will not work within the SHS right-of-way without an encroachment permit which specifically allows them to do so. CALTRANS will provide encroachment permits to CITY at no cost. CALTRANS will provide encroachment permits to utility owners at no cost. If the encroachment permit and this AGREEMENT conflict, the requirements of this AGREEMENT will prevail. 57. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will coordinate, prepare, obtain, implement, renew, and amend any encroachment permits needed to complete the WORK. Protected Resources 58. If any PARTY discovers unanticipated cultural, archaeological, paleontological, or other protected resources during WORK, all WORK in that area will stop and that PARTY will notify all PARTIES within 24 hours of discovery. WORK may only resume after a qualified professional has evaluated the nature and significance of the discovery and CALTRANS approves a plan for its removal or protection. Disclosures 59. PARTIES will hold all administrative drafts and administrative final reports, studies, materials, and documentation relied upon, produced, created, or utilized for the WORK in confidence to the extent permitted by law and where applicable, the provisions of California Government Code, Section 7921.505(c)(5) will protect the confidentiality of such documents in the event that said documents are shared between PARTIES. PARTIES will not distribute, release, or share said documents with anyone other than employees, agents, and consultants who require access to complete the WORK without the written consent of the PARTY authorized to release them, unless required or authorized to do so by law. 60. If a PARTY receives a public records request pertaining to the WORK, that PARTY will notify PARTIES within five (5) working days of receipt and make PARTIES aware of any disclosed public records. Page 324 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Agreement 11-0743 Project No. 1121000025 Project Development Agreement 2017-02-17 (Created April 26, 2023) 12 of 19 Hazardous Materials 61. HM-1 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law, irrespective of whether it is disturbed by the PROJECT or not. HM-2 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law only if disturbed by the PROJECT. The management activities related to HM-1 and HM-2, including and without limitation, any necessary manifest requirements and disposal facility designations are referred to herein as HM-1 MANAGEMENT and HM-2 MANAGEMENT respectively. 62. If HM-1 or HM-2 is found the discovering PARTY will immediately notify all other PARTIES. 63. CALTRANS, independent of the PROJECT, is responsible for any HM-1 found within the existing State Highway System right-of-way. CALTRANS will undertake, or cause to be undertaken, HM-1 MANAGEMENT with minimum impact to the PROJECT schedule. CALTRANS will pay, or cause to be paid, the cost of HM-1 MANAGEMENT for HM-1 found within the existing State Highway System right-of-way with funds that are independent of the funds committed in this AGREEMENT. 64. CITY, independent of the PROJECT, is responsible for any HM-1 found within the PROJECT limits and outside the existing State Highway System right-of-way. CITY will undertake, or cause to be undertaken, HM-1 MANAGEMENT with minimum impact to the PROJECT schedule. CITY will pay, or cause to be paid, the cost of HM-1 MANAGEMENT for HM-1 found within the PROJECT limits and outside of the existing State Highway System right-of-way with funds that are independent of the funds committed in this AGREEMENT. 65. The CONSTRUCTION IMPLEMENTING AGENCY is responsible for HM‑2 MANAGEMENT within the PROJECT limits. Page 325 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Agreement 11-0743 Project No. 1121000025 Project Development Agreement 2017-02-17 (Created April 26, 2023) 13 of 19 CITY and CALTRANS will comply with the Soil Management Agreement for Aerially Deposited Lead Contaminated Soils (Soil Management Agreement) executed between CALTRANS and the California Department of Toxic Substances Control (DTSC). Under Section 3.2 of the Soil Management Agreement, CALTRANS and CITY each retain joint and severable liability for noncompliance with the provisions of the Soil Management Agreement. CITY will assume all responsibilities assigned to CALTRANS in the Soil Management Agreement during PROJECT COMPONENTS for which they are the IMPLEMENTING AGENCY except for final placement and burial of soil within the State right-of-way, per Section 4.5 of the Soil Management Agreement, which is subject to CALTRANS concurrence and reporting to DTSC which will be performed by CALTRANS. 66. CALTRANS’ acquisition or acceptance of title to any property on which any HM-1 or HM-2 is found will proceed in accordance with CALTRANS’ policy on such acquisition. Claims 67. Any PARTY that is responsible for completing WORK may accept, reject, compromise, settle, or litigate claims arising from the WORK without concurrence from the other PARTY. 68. PARTIES will confer on any claim that may affect the WORK or PARTIES’ liability or responsibility under this AGREEMENT in order to retain resolution possibilities for potential future claims. No PARTY will prejudice the rights of another PARTY until after PARTIES confer on the claim. 69. If the WORK expends state or federal funds, each PARTY will comply with the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards of 2 CFR, Part 200. PARTIES will ensure that any for-profit consultant hired to participate in the WORK will comply with the requirements in 48 CFR, Chapter 1, Part 31. When state or federal funds are expended on the WORK these principles and requirements apply to all funding types included in this AGREEMENT. Accounting and Audits 70. PARTIES will maintain, and will ensure that any consultant hired by PARTIES to participate in WORK will maintain, a financial management system that conforms to Generally Accepted Accounting Principles (GAAP), and that can properly accumulate and segregate incurred PROJECT costs and billings. Page 326 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Agreement 11-0743 Project No. 1121000025 Project Development Agreement 2017-02-17 (Created April 26, 2023) 14 of 19 71. PARTIES will maintain and make available to each other all WORK-related documents, including financial data, during the term of this AGREEMENT. PARTIES will retain all WORK-related records for three (3) years after the final voucher. PARTIES will require that any consultants hired to participate in the WORK will comply with this Article. 72. PARTIES have the right to audit each other in accordance with generally accepted governmental audit standards. CALTRANS, the State Auditor, FHWA (if the PROJECT utilizes federal funds), and CITY will have access to all WORK -related records of each PARTY, and any consultant hired by a PARTY to participate in WORK, for audit, examination, excerpt, or transcription. The examination of any records will take place in the offices and locations where said records are generated and/or stored and will be accomplished during reasonable hours of operation. The auditing PARTY will be permitted to make copies of any WORK-related records needed for the audit. The audited PARTY will review the draft audit, findings, and recommendations, and provide written comments within thirty (30) calendar days of receipt. Upon completion of the final audit, PARTIES have forty-five (45) calendar days to refund or invoice as necessary in order to satisfy the obligation of the audit. Any audit dispute not resolved by PARTIES is subject to mediation. Mediation will follow the process described in the General Conditions section of this AGREEMENT. 73. If the WORK expends state or federal funds, each PARTY will undergo an annual audit in accordance with the Single Audit Act in the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as defined in 2 CFR, Part 200. 74. When a PARTY reimburses a consultant for WORK with state or federal funds, the procurement of the consultant and the consultant overhead costs will be in accordance with the Local Assistance Procedures Manual, Chapter 10. Interruption of Work 75. If WORK stops for any reason, IMPLEMENTING AGENCY will place the PROJECT right- of-way in a safe and operable condition acceptable to CALTRANS. Page 327 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Agreement 11-0743 Project No. 1121000025 Project Development Agreement 2017-02-17 (Created April 26, 2023) 15 of 19 76. If WORK stops for any reason, each PARTY will continue with environmental commitments included in the environmental documentation, permits, agreements, or approvals that are in effect at the time that WORK stops, and will keep the PROJECT in environmental compliance until WORK resumes. Penalties, Judgements and Settlements 77. The cost of awards, judgements, fines, interest, penalties, attorney’s fees, and/or settlements generated by the WORK are considered WORK costs. 78. The cost of legal challenges to the environmental process or documentation are considered WORK costs. 79. Any PARTY whose action or lack of action causes the levy of fines, interest, or penalties will indemnify and hold all other PARTIES harmless per the terms of this AGREEMENT. Project Files 80. CITY will furnish CALTRANS with the Project History Files related to the PROJECT facilities on State Highway System within sixty (60) days following the completion of each PROJECT COMPONENT. CITY will assure that the Project History File is prepared and submitted in compliance with the Project Development Procedures Manual, Chapter 7. All material will be submitted neatly in a three-ring binder and in PDF format. GENERAL CONDITIONS 81. All portions of this AGREEMENT, including the Recitals Section, are enforceable. Venue 82. PARTIES understand that this AGREEMENT is in accordance with and governed by the Constitution and laws of the State of California. This AGREEMENT will be enforceable in the State of California. Any PARTY initiating legal action arising from this AGREEMENT will file and maintain that legal action in the Superior Court of the county in which the CALTRANS district office that is signatory to this AGREEMENT resides, or in the Superior Court of the county in which the PROJECT is physically located. Exemptions 83. All CALTRANS’ obligations and commitments under this AGREEMENT are subject to the appropriation of resources by the Legislature, the State Budget Act authority, programming and allocation of funds by the California Transportation Commission (CTC). Page 328 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Agreement 11-0743 Project No. 1121000025 Project Development Agreement 2017-02-17 (Created April 26, 2023) 16 of 19 Indemnification 84. Neither CALTRANS nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CITY under this AGREEMENT. It is understood and agreed that CITY, to the extent permitted by law, will defend, indemnify, and save harmless CALTRANS and all of their officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-contractors, and/or its agents under this AGREEMENT. 85. Neither CITY nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CALTRANS under this AGREEMENT. It is understood and agreed that CALTRANS, to the extent permitted by law, will defend, indemnify, and save harmless CITY and all of their officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under this AGREEMENT. Non-parties 86. PARTIES do not intend this AGREEMENT to create a third party beneficiary or define duties, obligations, or rights for entities not signatory to this AGREEMENT. PARTIES do not intend this AGREEMENT to affect their legal liability by imposing any standard of care for fulfilling the WORK different from the standards imposed by law. 87. PARTIES will not assign or attempt to assign obligations to entities not signatory to this AGREEMENT without an amendment to this AGREEMENT. Ambiguity and Performance 88. Neither PARTY will interpret any ambiguity contained in this AGREEMENT against the other PARTY. PARTIES waive the provisions of California Civil Code, Section 1654. A waiver of a PARTY’s performance under this AGREEMENT will not constitute a continuous waiver of any other provision. Page 329 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Agreement 11-0743 Project No. 1121000025 Project Development Agreement 2017-02-17 (Created April 26, 2023) 17 of 19 89. A delay or omission to exercise a right or power due to a default does not negate the use of that right or power in the future when deemed necessary. Defaults 90. If any PARTY defaults in its performance of the WORK, a non-defaulting PARTY will request in writing that the default be remedied within thirty (30) calendar days. If the defaulting PARTY fails to do so, the non-defaulting PARTY may initiate dispute resolution. Dispute Resolution 91. PARTIES will first attempt to resolve AGREEMENT disputes at the PROJECT team level as described in the Quality Management Plan. If they cannot resolve the dispute themselves, the CALTRANS District Director and the Executive Officer of CITY will attempt to negotiate a resolution. If PARTIES do not reach a resolution, PARTIES’ legal counsel will initiate mediation. PARTIES agree to participate in mediation in good faith and will share equally in its costs. Neither the dispute nor the mediation process relieves PARTIES from full and timely performance of the WORK in accordance with the terms of this AGREEMENT. However, if any PARTY stops fulfilling its obligations, any other PARTY may seek equitable relief to ensure that the WORK continues. Except for equitable relief, no PARTY may file a civil complaint until after mediation, or forty-five (45) calendar days after filing the written mediation request, whichever occurs first. PARTIES will file any civil complaints in the Superior Court of the county in which the CALTRANS District Office signatory to this AGREEMENT resides or in the Superior Court of the county in which the PROJECT is physically located. 92. PARTIES maintain the ability to pursue alternative or additional dispute remedies if a previously selected remedy does not achieve resolution. Prevailing Wage 93. When WORK falls within the Labor Code § 1720(a)(1) definition of "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code § 1771, PARTIES will conform to the provisions of Labor Code §§ 1720-1815, and all applicable provisions of California Code of Regulations, Title 8, Division 1, Chapter 8, Subchapter 3, Articles 1-7. PARTIES will include prevailing wage requirements in contracts for public work and require contractors to include the same prevailing wage requirements in all subcontracts. Page 330 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Agreement 11-0743 Project No. 1121000025 Project Development Agreement 2017-02-17 (Created April 26, 2023) 18 of 19 Work performed by a PARTY’s own employees is exempt from the Labor Code's Prevailing Wage requirements. If WORK is paid for, in whole or part, with federal funds and is of the type of work subject to federal prevailing wage requirements, PARTIES will conform to the provisions of the Davis- Bacon and Related Acts, 40 U.S.C. §§ 3141-3148. When applicable, PARTIES will include federal prevailing wage requirements in contracts for public works. WORK performed by a PARTY’s employees is exempt from federal prevailing wage requirements. Page 331 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Agreement 11-0743 Project No. 1121000025 Project Development Agreement 2017-02-17 (Created April 26, 2023) 19 of 19 SIGNATURES PARTIES are authorized to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and hereby covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT. By signing below, the PARTIES each expressly agree to execute this AGREEMENT electronically. The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Gustavo Dallarda District Director Verification of funds and authority: Soraya Piquette District Budget Manager Certified as to financial terms and policies: _ Gina Schumacher HQ Accounting Supervisor CITY OF CHULA VISTA John McCann Mayor Attest: Kerry K. Bigelow City Clerk Approved as to form and procedure: Jill Maland City Attorney Page 332 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda AGREEMENT 11 - 0743 Project No. 1121000025 EA 43122 11-SD-125-0.0/2.3 Project Development Agreement 2017-02-17 (Created April 26, 2023) 1 of 4 FUNDING SUMMARY NO. 01 FUNDING TABLE v. 1 PA&ED Source Party Fund Type Totals LOCAL CITY Local 6,500,000 Totals 6,500,000 SPENDING SUMMARY v 2 PA&ED Fund Type CALTRANS CITY Totals Local 300,000 6,200,000 6,500,000 Totals 300,000 6,200,000 6,500,000 Page 333 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda FUNDING SUMMARY No. 01 AGREEMENT 11 - 0743 Project No. 1121000025 Project Development Agreement 2017-02-17 (Created April 26, 2023) 1 of 3 Funding 1. If there are insufficient funds available in this AGREEMENT to place the PROJECT right-of-way in a safe and operable condition, the appropriate IMPLEMENTING AGENCY will fund these activities until such time as PARTIES amend this AGREEMENT. That IMPLEMENTING AGENCY may request reimbursement for these costs during the amendment process. 2. If there are insufficient funds in this AGREEMENT to implement the obligations and responsibilities of this AGREEMENT, including the applicable commitments and conditions included in the PROJECT environmental documentation, permits, agreements, and/or approvals that are in effect at a time that WORK stops, each PARTY accepts responsibility to fund their respective WORK until such time as PARTIES amend this AGREEMENT. Each PARTY may request reimbursement for these costs during the amendment process. 3. The cost of any engineering support performed by CALTRANS includes all direct and applicable indirect costs. CALTRANS calculates indirect costs based solely on the type of funds used to pay support costs. State and federal funds administered by CALTRANS are subject to the current Program Functional Rate. All other funds are subject to the current Program Functional Rate and the current Administration Rate. The Program Functional Rate and Administration Rate are adjusted periodically. Invoicing and Payment 4. PARTIES will invoice for funds where the SPENDING SUMMARY shows that one PARTY provides funds for use by another PARTY. PARTIES will pay invoices within forty-five (45) calendar days of receipt of invoice when not paying with Electronic Funds Transfer (EFT). When paying with EFT, CITY will pay invoices within five (5) calendar days of receipt of invoice. 5. If CITY has received EFT certification from CALTRANS then CITY will use the EFT mechanism and follow all EFT procedures to pay all invoices issued from CALTRANS. Page 334 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda AGREEMENT 11 - 0743 Project No. 1121000025 Project Development Agreement 2017-02-17 (Created April 26, 2023) 2 of 3 Project Approval and Environmental Document (PA&ED) 6. CALTRANS will invoice CITY for a fixed amount as a lump sum (single payment) after execution of this AGREEMENT and forty-five (45) working days prior to the commencement of PA&ED expenditures. Page 335 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda FUNDING SUMMARY No. 01 AGREEMENT 11 - 0743 Project No. 1121000025 Project Development Agreement 2017-02-17 (Created April 26, 2023) 1 of 4 CLOSURE STATEMENT INSTRUCTIONS 1. Did PARTIES complete all scope, cost and schedule commitments included in this AGREEMENT and any amendments to this AGREEMENT? YES / NO Did CALTRANS accept and approve all final deliverables submitted by other PARTIES? YES / NO Did the CALTRANS HQ Office of Accounting verify that all final accounting for this AGREEMENT and any amendments to this AGREEMENT were completed? YES / NO If construction is involved, did the CALTRANS District Project Manager verify that all claims and third party billings (utilities, etc.) have been settled before termination of the AGREEMENT? YES / NO Did PARTIES complete and transmit the As-Built Plans, Project History File, and all other required contract documents? YES / NO Page 336 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda AGREEMENT 11 - 0743 Project No. 1121000025 Project Development Agreement 2017-02-17 (Created April 26, 2023) 2 of 4 If ALL answers are “YES”, this form may be used to TERMINATE this AGREEMENT. Page 337 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda AGREEMENT 11 - 0743 Project No. 1121000025 Project Development Agreement 2017-02-17 (Created April 26, 2023) 3 of 4 CLOSURE STATEMENT PARTIES agree that they have completed all scope, cost, and schedule commitments included in Agreement 11-0743 and any amendments to the agreement. The final signature date on this document terminates agreement 11-0743 except survival articles. All survival articles in agreement 11-0743 will remain in effect until expired by law, terminated or modified in writing by the PARTIES’ mutual agreement, whichever occurs earlier. The people signing this agreement have the authority to do so on behalf of their public agencies. By signing below, the PARTIES each expressly agree to execute this AGREEMENT electronically. The PARTIES acknowledge that executed copies of this AGREEEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION District Director Date: Certified as to all financial obligations/terms and policies District Budget Manager Date: CITY OF CHULA VISTA Director of Development Services Date: Page 338 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Attachment 3 Page 339 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 340 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 341 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 342 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 343 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda v . 0 03 P a g e | 1 August 8, 2023 ITEM TITLE Homeless Activities: Accept Additional Funds from the County Capital Emergency Housing Solutions Grant Program, Approve an Associated Amendment to the Agreement, Appropriate Funds, and Extend the Declaration of the Shelter Crisis Report Number: 23-0201 Location: Homeless Bridge Shelter at 205 27th Street, Chula Vista Department: Housing and Homeless Services Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act (“CEQA”) State Guidelines Section 15301 Class 1 (Existing Facilities), Section 15303 Class 3 (New Construction or Conversion of Small Structures), Sectio n 15304 Class 4 (Minor Alterations to Land), and Section 15061(b)(3). Under NEPA, pursuant to Title 24, Part 58.40, the Environmental Assessment has been prepared, and a Findings of No Significant Impact has been made pursuant to Title 24, Part 58.43(a) of the Code of Federal Regulations and pursuant to the U.S. Department of Housing and Urban Development Environmental Guidelines. Furthermore, California Government Code section 8698.4(a)(4) provides that CEQA shall not apply to actions taken by a city to encumber, or facilitate the encumbrance of, land owned by the city for, or to provide financial assistance to, a homeless shelter constructed or allowed by that section. Thus, no further environmental review is required. Recommended Action Adopt resolutions: A) Authorizing the acceptance of a $154,703.53 Capital Emergency Housing Solutions Grant Program grant from the County of San Diego to implement the Chula Vista Homeless Bridge Shelter Capital Project, approving an agreement with the County to implement said project, and appropriating funds for these purposes; (4/5 Vote Required) and B) Extending the declaration of the Shelter Crisis. SUMMARY On October 11, 2022, the City submitted a proposal to the County of San Diego’s Capital Emergency Housing Solutions Grant Program to fund costs associated with the construction of the new emergency bridge shelter. In December of 2022, the City received an official notice of award for the grant funds in the amount of Page 344 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda P a g e | 2 $1,845,296.47. After the award, the City received notification that an additional $154,703.53 was allocated, bringing the total grant award to $2,000,000, the City’s original request. Furthermore, the Homeless Shelter Crisis Declaration (“Declaration”) previously approved has expired. The Declaration provides flexibility to cities in producing housing opportunities to the unsheltered by removing development barriers. To be eligible for grant funds designated for emergency shelter services, the City must have an approved Declaration by the City Council at the time of any grant award, which expired on June 30, 2023. This item seeks to formally accept the additional grant funds, authorize execution of the corresponding agreements, appropriate the funds, and extend the existing Declaration of Homeless Shelter Crisis. ENVIRONMENTAL REVIEW The proposed project exempt from CEQA pursuant to California Environmental Quality Act (CEQA) State Guidelines Section 15301 Class 1 (categorical exemption for existing facilities), Section 15303 Class 3 (categorical exemption for new construction or conversion of small structures), Section 15304 Class 4 would not result in a significant effect on the environment, create a cumulative impact, damage a scenic highway, be located on a site pursuant to Section 65962.5, or cause a substantial adverse change in the significance of a historical resource. Thus, no further environmental review is required. Under NEPA, pursuant to Title 24, Part 58.40, the Environmental Assessment has been prepared, and a Findings of No Significant Impact has been made pursuant to Title 24, Part 58.43(a) of the Code of Federal Regulations and pursuant to the U.S. Department of Housing and Urban Development Environmental Guidelines. Thus, no further environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION COUNTY OF SAN DIEGO CAPITAL EMERGENCY HOUSING SOLUTIONS GRANT On May 22, 2022, the Board of Supervisors (“Board”) of the County of San Diego (“County”) voted to create the Capital Emergency Housing Solutions Grant Program (“Program”) as part of the Board’s ongoing efforts to address the problem of homelessness throughout San Diego County. The Program made up to $10 million available to the County’s 18 incorporated cities to spur the creation of shelters, safe parking lots, and other urgently needed housing solutions. Program funds are one-time opportunities and can only be used for property acquisition and facilities development and may not be used for ongoing shelter operating expenses or indirect costs. On October 11, 2022, the City submitted a formal bid for Program funds in the amount of $2,000,000, and officially received a notice of award on December 7, 2022 for $1,845,296.47 in funds, which was accepted and appropriated on January 24, 2023 by Council Resolution No. 23-005. After the original award, the City was notified that an additional $154,703.53 was allocated, bringing the total grant award to $2,000,000, as originally requested. The City’s first homeless bridge shelter, Chula Vista Village at Otay (“The Village”) officially opened its doors on May 15, 2023. Phase I of The Village was funded through Department of Housing and Urban Development, State of California, and the Regional Task Force on the Homeless funds. The Village consists of 65 individuals Page 345 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda P a g e | 3 housing units along with wrap around services and amenities including laundry, bathroom/shower facilities, and daily meals. Funds awarded from the County will be used to fund Phase II of The Village which includes the expansion of housing opportunities. Staff will return to Council for approval once a plan has been identified. This proposed action approves the additional County Capital Emergency Housing Solutions Grant funds of $154,703.55, authorizes and directs the City Manager or designee to execute the agreement amendment necessary to obtain grant funds, including approval of the agreement with the County as provided in Attachment No. 1, and appropriates grant funds for these purposes. SHELTER CRISIS DECLARATION California Government Code §8698, allows the governing body of a city to declare a shelter crisis when a significant number of persons are without the ability to obtain shelter, resulting in a threat to their health and safety. In addition, Code §8698.1 provides that, upon a declaration of a shelter crisis, the provisions of any state or local regulatory statute, regulation or resolution prescribing standards of housing, health, or safety, as applied to public facilities, shall be suspended to the extent that strict compliance would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis in creating housing opportunities for the unsheltered including the development of:  A Homeless Shelter, defined as a facility with overnight sleeping accommodations, which primary purpose is to provide temporary, transitional and/or bridge shelter for the homeless that is not in existence after the declared shelter crisis. A homeless shelter may include a parking lot owned or leased by the city specifically identified as one allowed for safe parking by homeless and unstably housed individuals.  Permanent Supportive Housing, which provides housing for people who are homeless, with no limit on length of stay, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving the person’s health status, and maximizing the person’s ability to live and, when possible, work in the community. Additionally, having an adopted Declaration in place allows the City or any other unsheltered service provider operating within Chula Vista (e.g., SBCS Corporation) to be eligible for future state funding designated to address the shelter crisis. On September 28, 2018, the Chula Vista City Council unanimously approved Resolution No. 2018-199, declaring Shelter Crisis in Chula Vista, which expired on June 30, 2021. The declaration was subsequently extended on August 24, 2021 with the approval of Resolution 2021-164 and has since expired. Since the Resolution was first approved almost five years ago, the City secured funding to continue outreach efforts through its mobile case management and housing navigation services, provided temporary shelter through hotel/motel vouchers, provided tenant-based rental subsidies and most notably, development of the first homeless bridge shelter. Despite these efforts, a significant number of persons in the City are unable to obtain shelter, resulting in a threat to the health and safety of those persons. To keep the City’s efforts on the path to successfully serve our unsheltered and maximize the effectiveness of our resources, it is requested that the expiration date of the Homeless Shelter Crisis be extended an additional two years. Once the City has declared a shelter crisis, the City must report, by January 1 of each year, all of the following to the Senate Committee on Housing and the Assembly Committee on Housing and Community Development: Page 346 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda P a g e | 4 (A) The total number of residents in homeless shelters within the City; (B) The total number of residents who have moved from a homeless shelter into permanent supportive housing within the city; (C) The estimated number of permanent supportive housing units; (D) The number of residents who have exited the system and are no longer in need of a homeless shelter or permanent supportive housing within the City; (E) The number and bed capacity of new homeless shelters built pursuant to this section within the City; The information regarding the bed capacity shall be included in reports due by January 1, 2024, and by January 1 of each year thereafter. Bed capacity shall not include the parking vehicle capacity of a homeless shelter on a parking lot owned or leased by the City, specifically identified as one allowed for safe parking by homeless and unstably housed individuals. (F) New actions the City is taking under the declared shelter crisis to better serve the homeless population and to reduce the number of people experiencing homelessness. The City will continue to comply with these reporting requirements if the declaration is extended. 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 There is no current year fiscal impact to the General Fund as a result of this action. Approval of this resolution accepts and appropriates additional County Capital Emergency Housing Solutions Grant Program funds in the amount of $154,703.53 in the fiscal year 2023-24 budget to fund shelter development. All project costs will be offset by the grant funding and previously approved grant funding. ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the General Fund as a result of this action. All costs associated with the administration of the Capital Emergency Housing Solutions Grant Agreement and funded activities will be covered by the grant. ATTACHMENTS 1. Amendment to Capital Emergency Housing Solutions Grant Agreement Staff Contact: Angelica Davis, Homeless Solutions Manager Page 347 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda GRANT AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF CHULA VISTA Grant Agreement Page 1 of 7 This Grant Agreement is entered into between the County of San Diego, a political subdivision of the State of California (County), and the City of Chula Vista (Grantee) with an effective date of August 8, 2023. WHEREAS, County of San Diego is issuing a grant to City of Chula Vista to provide one -time funds to address immediate emergency housing solutions; and, WHEREAS, the County funds this program primarily with the General Funds; and, WHEREAS, August 8, 2023 the County allocated the grant funding set forth in this Agreement for the purpose described in this Agreement. NOW, THEREFORE, the parties agree as follows: 1. Amount of Grant. The County agrees to pay Grantee the amount of $154,703.53 for the Chula Vista Homeless Bridge Shelter. Under no circumstances is County obligated to pay Grantee more than this amount. County shall pay Grantee after County receives a signed copy of this Agreement from Grantee. 2. Purpose of Grant. Grantee shall use the grant funds provided by County under this Agreement solely to provide emergency housing solutions to address homelessness. Funds will be used to complete phase two enhancements to Chula Vista Bridge Shelter project. These enhancements include dog run and additional office space. 3. Term of Agreement. The term of this Agreement shall be for 24 months starting on the effective date as specified above. 4. Time Period for Use of Grant Funds and Documentation of Expenditures. (a) Grantee shall spend all grant funds provided by the County for the purposes specified in Paragraph 2 within 24 months of the effective date of this Agreement as specified above. (b) Grantee shall complete the Documentation of Grant Expenditures Form provided by the County’s administrator , setting forth Grantee’s total actual expenditures of the grant funds provided under this Agreement. (c) Grantee shall submit the completed grant Documentation of Grant Expenditures Form and the related documentation including, but not limited to, invoices/receipts, credit card statements, check stubs, check copies, copy of canceled checks, copy of bank statements, etc. to the County’s administrator promptly after spending the grant funds, but in no event after the end of the Term of Agreement specified above. (i) If the parties agree to extend the Term of Agreement, Grantee shall submit this expenditure documentation by the end of the extended term. (d) If County’s administrator requests additional information regarding Grantee’s expendi ture of the grant funds, Grantee shall promptly submit the requested information to County’s Contracting Officer Representative (administrator). (e) Grantee shall retain copies of all receipts, invoices, cash register tapes and other direct evidence of the expenditure of funds for which grant funds are used for the duration of the audit period specified in Paragraph 8. (f) If after reviewing Grantee’s expenditure documentation, the County’s administrator: Page 348 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda GRANT AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF CHULA VISTA Grant Agreement Page 2 of 7 (i) Determines that the Grantee failed to spend all of the grant funds; (ii) Disallows any expenditure by Grantee; (iii) Determines that the grant funds provided exceed Grantee’s total actual expenditures authorized under this Agreement; or (iv) Grant funds were used in a manner contrary to Paragraphs 2 or 5, Grantee shall refund to the County the amount specified by the County’s administrator. (v) Grantee shall make this refund within seven (7) County business days after receiving a written request for refund from the County’s administrator. In its sole discretion, the County may offset the refund amount from any payment due to or to become due to Grantee under this Agreement or any other agreement with the County. (g) If Grantee fails to provide the required documentation of expenditures as required in Subparagraph (b) and (c) above, the County’s administrator may request Grantee to refund to the County all or any portion of the grant funds provided under this Agreemen t. Within seven (7) County business days of receipt of a written request for a refund, Grantee shall refund to the County the amount specified by the County’s administrator. (h) If Grantee incurs expenses before the County pays the grant under this Agreement, the County will reimburse Grantee in an amount not to exceed the amount specified in Paragraph 1 upon submission of documentation to County’s administrator setting forth Grantee’s actual expenditures for the purpose specified in Paragraph 2 and approval of the documentation by County’s administrator. 5. Restrictions on use of grant funds. (a) Grant funds shall not be used for any purpose prohibited by laws governing the use of public funds including, but not limited to, religious purposes, politi cal campaigning, or purely private purposes or activities. (i) If Grantee provides or participates in any activity for which public funds may not be used, such as religious activities, Grantee shall inform the County of this activity before accepting any grant funds. Grantee shall ensure that no grant funds awarded pursuant to the Agreement are used to support in any manner said activity. (b) Grantee shall only spend grant funds on expenses deemed eligible under the projects intent and all grants, regardless of funding source, must be spent for the purposes allowed under Section 2. (c) Grantee shall not use grant funds for any authorized expenditure if it is reimbursed from another source, including, but not limited to, insurance proceeds, or any other state, federal or local program. (d) Grantee shall not donate any grant funds to a third party. (e) Grantee may not include in its Documentation of Grant Expenditures report under this Agreement any expenditures for which Grantee has received or is or will be claiming funding from any other source. (f) Grantee shall not assign or transfer any interest in this Agreement (whether by assignment or novation), without the prior written consent of the County. (g) Grantee shall comply with all terms and conditions as listed in this contract. (h) Grantee’s failure to comply with any provision in Paragraph 5 shall constitute a material breach of this Agreement. Page 349 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda GRANT AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF CHULA VISTA Grant Agreement Page 3 of 7 6. Administrator of Agreement. The County of San Diego, Health and Human Services Agency, Department of Homeless Solutions and Equitable Communities shall administer this Agreement on behalf of the County, and City of Chula Vista shall administer it on behalf of Grantee. County and Grantee may from time to time designate a different administrator by providing notice in the manner required by Paragraph 7. 7. Notice. All communications from Grantee to the County shall be sent to the contact(s) as listed below. Any notice or notices or other documentation required or permitted to be given pursuant to this Agreement may be personally served on the other party by the party giving such notice, or may be served by certified mail, postage prepaid, return receipt requested, to the following addresses: County: Barbara Jiménez Community Operations Officer Health and Human Services Agency 1255 Imperial Ave, Suite 864 San Diego, CA 92101 (619) 338-2722 Barbara..Jimenez@sdcounty..ca.gov Grantee: Maria V. Kachadoorian City Manager City of Chula Vista 276 Fourth Avenue Chula Vista, Ca. 91910 Notices that are personally served shall be deemed delivered on the date served. Notices sent by certified mail shall be deemed delivered five (5) County business days after mailing. County and Grantee may from time to time designate a new address for providing notice by providing notice of the new address in accordance with this Paragraph. 8. Audit and Inspection of Records. At any time during normal business hours and as often as the County may deem necessary, the Grantee shall make available, within five (5) County business days of the receipt of a request, to the County for examination all of its records with respect to all matters covered by this Agreement and will permit the County to audit, examine and make excerpts or transcripts from such records, and make audits of all invoices, materials, payrolls, records of personnel and other data relating to all matters covered by this Agreement. Unless otherwise specified by the County, said records shall be made available for examination within San Diego County, California. Grantee shall maintain such records in an accessible location and condition to the later of a period of five (5) years after the termination of this Agreement after all funds have been spent or any remaining funds have been returned unless County agrees in writing to an earlier disposition. The State of California or any Federal agency having an interest in the subject of this Agreement shall have the same rights conferred upon County by this Agreement. 9. Termination of Agreement for Cause. If Grantee fails to perform its obligations according to this Agreement, the County may send Grantee a written notice of default that specifies the nature of the default. Grantee shall cure the default within three (3) County business days following receipt of the notice of default. If Grantee fails to cure the default within that time, the County may terminate this Agreement by giving Grantee written notice of immediate termination. Upon termination, Grantee shall promptly provide County's administrator with Documentation of Grant Expenditures setting forth Grantee's total actual expenditures for the purpose of the grant as of the effective date of termination. Grantee shall promptly refund to County all funds County paid to Grantee under this Agreement that exceed Grantee's total actual expenditures for the purpose of the grant, as determined by County's Page 350 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda GRANT AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF CHULA VISTA Grant Agreement Page 4 of 7 administrator, as of the effective date of termination. The County may also seek any and all legal and equitable remedies against Grantee for breaching this Agreement. 10. Termination for Convenience of County. County may terminate this Agreement at any time by giving written notice to Grantee of such termination and specifying the effective date thereof at least 30 days before the effective date of such termination. On or before the date of termination, Grantee shall provide County’s administrator with Documentation of Grant Expenditures setting forth Grantee’s total actual expenditures for the purpose of the grant as of the effective date of termination. Grantee shall promptly refund to County all funds County paid to Grantee under this Agreement that exceed Grantee’s total actual expenditures for the purpose of the grant, as determined by County’s administrator, as of the effective date of termination. 11. Termination for Convenience of Grantee. Grantee may terminate this Agreement at any time by giving written notice to County's administrator of such termination and specifying the effective date thereof at least 60 days before the effective date of such termination. On or before the date of termination, Grantee shall provide County’s administrator with Documentation of Grant Expenditures setting forth Grantee’s total actual expenditures for the purpose of the grant as of the effective date of termination. Grantee shall promptly refund to County all funds County paid to Grantee under this Agreement that exceed Grantee’s total actual expenditure for the purpose of the grant, as determined by County’s administrator, as of the effective date of termination. 12. Interest of Grantee. Grantee covenants that Grantee presently has no interest, including, but not limited to, other projects or independent contracts, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with Grantee's completing the purpose of the grant as specified in Paragraph 2. Grantee further covenants that in the performance of this Agreement, no person having any such interest shall be employed or retained by Grantee. 13. Publication, Reproduction and Use of Material. No material produced, in whole or in part, under this Agreement shall be subject to copyright in the United States or in any other Country. The County shall have unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 14. Insurance. Grantee shall obtain 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 Grantee, its agents, representatives, employees, volunteers or subcontractors hereunder. Minimum policy limits maint ained by Grantee shall in no way limit the indemnification obligations to the County. 15. Independent Capacity. In the performance of this Agreement, Grantee and its agents, employees and volunteers shall act in an independent capacity and not as officers, employees, agents or volunteers of the County. This Agreement does not create an employment relationship between Grantee and the County. 16. Equal Opportunity. Grantee will not discriminate against any employee, or against any applicant for such employment because of age, race, color, religion, physical handicap, ancestry, sex, or national origin, or any other protected class as defined by Federal or State law. This provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 17. Defense and Indemnity. To the fullest extent permitted by law, County shall not be liable for, and Grantee shall defend and indemnify County and its officers, agents, employees and volunteers (collectively, “County Parties”) against any and all claims, deductibles, self-insured retention’s, demands, liability, judgments, awards, fines, mechanics’ liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys’ fees and court costs Page 351 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda GRANT AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF CHULA VISTA Grant Agreement Page 5 of 7 (collectively, “Claims”), which arise out of or are in any way connected to County’s prov ision of grant funds and/or Grantee’s use of grant funds under this Agreement arising either directly or indirectly from any act, error, omission or negligence of Grantee or its officers, employees, volunteers, agents, contractors, licensees or servants, including without limitation, Claims caused by the sole passive negligent act or the concurrent negligent act, error or omission, whether active or passive, of County Parties. Grantee shall have no obligation, however, to defend or indemnify County Parties from a Claim if it is determined by a court of competent jurisdiction that such Claim was caused by the sole active negligent act or willful misconduct of County Parties. 18. Governing Law. This Agreement shall be construed and interpreted according to the laws of the State of California. 19. Complete Agreement. This Agreement constitutes the entire agreement between Grantee and County regarding the subject matter contained herein. All other representations, oral or written, are superseded by this Agreement. Neither party is relying on any representation outside of this Agreement. This Agreement may be changed only by written amendment signed by both parties. 20. Waiver. The failure of either party to enforce any term, covenant or condition of this Agreement shall not be construed as a waiver of that party’s right to subsequently enforce this, or any other term, covenant or condition of this Agreement. No waiver shall be deemed effective unless the waiver is expressly stated in writing and signed by the party waiving the right or benefit. 21. Consultation with Counsel. Each party has had the opportunity to consult with independent legal counsel of its own choosing before executing this Agreement and has executed this Agreement without fraud, duress, or undue influence of any kind. 22. Interpretation. The provisions of this Agreement shall be liberally construed to effectuate its purpose. The language of all parts of this Agreement shall be construed simply according to its plain meaning and shall not be construed for or against either party. 23. Corporation Qualified to Do Business in California. If Grantee is a corporation, Grantee warrants that it is a corporation in good standing and is currently authorized to do business in California. 24. Terms and Conditions Survive Expiration of Term of Agreement . Unless otherwise specified herein, all terms and conditions of this Agreement shall survive the expiration of the Term of Agreement specified in Paragraph 3 above. 25. Remedies. Unless otherwise expressly provided herein, the rights and remedies in this Agreement are in addition to, and not a limitation on, other rights and remedies under this Agreement, at law or in equity, and exercise of one right or remedy shall not be deemed a waiver of any other right or remedy. 26. Prevailing Wage. Unless exempted by applicable law (e.g., Labor Code § 1720.4), projects using over $1,000 of grant funds for construction, alteration, demolition, installation, repair, refuse and ready mix concrete hauling, maintenance work, or any other work for which prevailing wages must be paid by Labor Code § 1720 et seq. shall be deemed a “public work” for State prevailing wage purposes. It is not the intent of this Agreement to impose an obligation to pay prevailing wages on work otherwise exempt from the prevailing wage laws. Grantee shall be solely responsible for ensuring prevailing wages are paid when owed. Projects subject to the payment of State prevailing wages are subject to compliance monitoring and enforcement by the Department of Industrial Relations. Grantee shall be responsible for ensuring all required job site postings and all certified payroll and other reporting applicable to it as an awarding body are completed in accordance with the State’s prevailing wage regulations. Information regarding the State’s prevailing wage requirements can be obtained from the Director, Department of Industri al Relations at www.dir.ca.gov , Labor Code § 1720, et seq., and 8 Cal. Code of Regs. § 16000, et seq. Page 352 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda GRANT AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF CHULA VISTA Grant Agreement Page 6 of 7 27. Counterparts and Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. This Agreement may be executed using electronic or digital signatures in accordance with California law, which signatures shall be deemed an original. Intentionally left blank Page 353 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda GRANT AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF CHULA VISTA Grant Agreement Page 7 of 7 WHEREFORE, the parties execute this Agreement on the date first written above. COUNTY OF SAN DIEGO GRANTEE By: _______________________________ By: ____________________________ Date_______ ERIC C. MCDONALD, MD, MPH, FACEP Interim Agency Director County of San Diego Health and Human Services Agency _____________________________________ MARIA V. KACHADOORIAN City Manager – City of Chula Vista [Note: Person signing on behalf of Grantee must be authorized by the city jurisdiction sign this Agreement (i.e., City Manager, or person that is able to legally bind a city into a contract).] Page 354 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FUNDS FROM THE COUNTY OF SAN DIEGO CAPITAL EMERGENCY HOUSING SOLUTIONS GRANT PROGRAM, APPROVING AN AMENDMENT TO THE AGREEMENT WITH THE COUNTY OF SAN DIEGO, AND APPROPRIATING FUNDS THEREFOR WHEREAS, on May 22, 2022, the Board of Supervisors (“Board”) of the County of San Diego (“County”) voted to create the Capital Emergency Housing Solutions Grant Program (“Program”) as part of the Board’s ongoing efforts to address the problem of homelessness throughout San Diego County; and WHEREAS, the Program seeks to make up to $10 million available to cities to spur the creation of shelters, safe parking lots, and other urgently needed housing solutions; and WHEREAS, under the Program, funds can only be used for property acquisition and facilities development, but may not be used for ongoing shelter operating expenses or indirect costs; and WHEREAS, on October 11, 2022 the City of Chula Vista (“City”) submitted an application and certifications as well as additional supporting documents (collectively, the “Application”) in the amount of $2,000,000 for capital improvement costs associated with the development of a new 65-unit homeless bridge shelter located at 205 27th Street (“Project”); and WHEREAS, on December 7, 2022, the City received notification of award in the amount of $1,845,296.47, which was accepted and appropriated on January 24, 2023 by Council Resolution No. 23-005; and WHEREAS, funding allocations under the Program are subject to the terms and conditions contained in the agreement that the County requires Program grant recipients to execute (the “Agreement”); and WHEREAS, an Agreement (“First Agreement”) with the County of San Diego for the original allocation of $1,845,296.47 was entered into; and WHEREAS, subsequent to the December award, the City received a notification that an additional $154,703.53 was awarded; and WHEREAS, in order to accept the additional $154,703.53 another Agreement (“Second Agreement”) is required; and WHEREAS, by accepting the grant funding from the Program, the City will be responsible to the County to ensure that all Program requirements are met per the First Agreement and Second Page 355 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Resolution No. 2023- Page 2 Agreement (collectively the “Agreements”), including that the Project will be implemented consistent with principles of Housing First enumerated in California Welfare and Institutions Code section 8255, and that the City undertakes this responsibility to the County even if the City provides Program grant funding to a third party for a housing solution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that the City Council finds all of the above recitals to be true and correct. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that the City accepts the additional Program grant funding for use on the project specified in the Application and that City staff are hereby authorized and directed to enter into, execute, and deliver a Second Agreement satisfactory to the County in a total amount not to exceed $154,703.53, any and all other documents required or deemed necessary or appropriate to secure the Program funds from the County and to participate in the Program, and all amendments thereto (collectively, the “Program Documents”). BE IT IS FURTHER RESOLVED by the City Council of the City of Chula Vista, that the City warrants and represents to the County that all statements contained in the original Application and Agreements, including but not limited to those in any other documents required by the County, are true and correct, and that the City will abide by all certifications made in the Application as well as all provisions of the Agreements. BE IT IS FURTHER RESOLVED by the City Council of the City of Chula Vista, that all activities, expenditures, information, and timelines represented in the Application are enforceable through the Agreement. Funds are to be used for the allowable expenditures and activities identified in the Application and Agreements and will solely be used to support the Project. BE IT IS FURTHER RESOLVED by the City Council of the City of Chula Vista, that it authorizes the City Manager, or designee to execute the Second Agreement and the Program Documents on behalf of the City for continued participation in the Program. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it appropriates funds in the amount of $154,703.53 in both revenues and expenditures. Presented by Approved as to form by Stacey Kurz Jill D. S. Maland Director of Housing & Homeless Services Lounsbery Ferguson Altona & Peak Acting City Attorney Page 356 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA EXTENDING THE DECLARATION OF A SHELTER CRISIS WITHIN THE MEANING OF GOVERNMENT CODE SECTION 8698 WHEREAS, California’s Governor and the members of the California Legislature (“Legislature”) have recognized the urgent and immediate need for funding at the local level to combat homelessness; and WHEREAS, the City of Chula Vista (the “City”) has developed a homelessness plan and undertaken multiple efforts at the local level to combat homelessness; and WHEREAS, the 2023 Regional Task Force on the Homeless Point-In-Time Count, conducted in January 2023, identified a total of 318 homeless persons within the City; and WHEREAS, the City finds that the number of homeless is significant, and these persons are without the ability to obtain shelter and at risk of injury and harm due to exposure to the elements and other health, safety and welfare-related circumstances and consequences associated with living outside; and WHEREAS, such homeless overnight lodging in public spaces also has an adverse effect on the health and safety of the people in the City, including the homeless population; and WHEREAS, the City Council affirms the City of Chula Vista’s commitment to combatting homelessness and creating or augmenting a continuum of shelter and service options for those living without shelter in our communities; and WHEREAS, the current number of homeless individuals in Chula Vista far outpaces the number of existing transitional housing available; and WHEREAS, unauthorized homelessness encampments are increasing across the City of Chula Vista within the public right of way, thus exposing homeless individuals to traffic hazards, crime, risk of death and injury, exposure to weather, lack of adequate sanitation and debris services, and other conditions that are detrimental to their health and safety; and WHEREAS, analysis and evidence have demonstrated that providing decent, safe and stable housing combined with crucial support services are two primary components of successful transition from homelessness to a safer and healthier way of living; and WHEREAS, given the extent of the shelter crisis, the City Council of the City of Chula Vista finds that more immediate and expeditious efforts are necessary to develop additional shelter solutions that are safe and meet basic habitability standards and that flexibility and broad based approaches are essential to increase capacity; and Page 357 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Resolution No. 2023- Page 2 WHEREAS, California Government Code sections 8698, et seq., allow the governing body of a city to declare a shelter crisis when a significant number of persons are without the ability to obtain shelter, resulting in a threat to their health and safety; and WHEREAS, California Government Code section 8698.1 provides that, upon a declaration of a shelter crisis, the provisions of any state or local regulatory statute, regulation or Resolution prescribing standards of housing, health, or safety, as applied to public facilities, shall be suspended to the extent that strict compliance would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis; and WHEREAS, California Government Code section 8698.2 provides that, upon a declaration of a shelter crisis, a city may allow persons unable to obtain housing to occupy designated public facilities (including facilities leased by the city) during the duration of the crisis; and WHEREAS, once the City has declared a shelter crisis, the City must report, by January 1 of each year, all of the following to the Senate Committee on Housing and the Assembly Committee on Housing and Community Development: (A) The total number of residents in homeless shelters within the City; (B) The total number of residents who have moved from a homeless shelter into permanent supportive housing within the city; (C)The estimated number of permanent supportive housing units; (D) The number of residents who have exited the system and are no longer in need of a homeless shelter or permanent supportive housing within the City; (E) The number and bed capacity of new homeless shelters built pursuant to this section within the City; The information regarding the bed capacity shall be included in reports due by January 1, 2024, and by January 1 of each year thereafter. Bed capacity shall not include the parking vehicle capacity of a homeless shelter on a parking lot owned or leased by the City, specifically identified as one allowed for safe parking by homeless and unstably housed individuals. (F) New actions the City, is taking under the declared shelter crisis to better serve the homeless population and to reduce the number of people experiencing homelessness. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that a Shelter Crisis pursuant to Government Code section 8698.2 exists in Chula Vista because the substantial unsheltered homeless population in the City is at risk of injury and harm due to exposure to the elements and other health, safety, and welfare-related circumstances and consequences associated with living outside, and because the impact of homeless overnight lodging in City parks and on public sidewalks, parking lots, canyons and riverbeds has an effect on physical environmental resources, as well as on the use and enjoyment of public spaces for their intended purposes by the public at-large, and such homeless overnight lodging in public spaces also has an adverse effect on the health and safety of the people in the City; and Page 358 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Resolution No. 2023- Page 3 BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it authorizes and directs the City Manager to: (i) pursuant to Government Code section 8698.1(b), at the City Manager’s discretion and with City Council approval, enact municipal health and safety standards to be operative during the Shelter Crisis to ensure minimal public health and safety for additional public facilities open to the homeless pursuant to Government Code Chapter 7.8; and (ii) file all reports required by Government Code section 8698.4(a)(6); and BE IT FURTHER RESOLVED by the City Council of Chula Vista that this declaration of Shelter Crisis shall remain in place until August 8, 2025. Presented by Approved as to form by Stacey Kurz Jill D.S. Maland Director of Housing and Homeless Services Lounsbery Ferguson Altona & Peak Acting City Attorney Page 359 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 360 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 361 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 362 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 363 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 364 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 365 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 366 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 367 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 368 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 369 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 370 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 371 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 372 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 373 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 374 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 375 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 376 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda From: Miguel Barajas < Sent: Tuesday, August 8, 2023 1:53 PM To: CityClerk <CityClerk@chulavistaca.gov> Subject: City Council Meeting comment WARNING - This email originated from outside the City of Chula Vista. Do not click any links and do not open attachments unless you can confirm the sender. PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to reportphishing@chulavistaca.gov Good afternoon, I'm a lifelong resident of Chula Vista and a small business owner in the downtown Chula Vista area. I would like to express my gratitude for the public service the council does for Chula Vista. My concern is with the recent growing population of unhoused individuals in the City Chula Vista. With San Diego currently banning and taking down tent cities, We have seen an increase of unhoused individuals in Chula Vista. My fear is that we are not preparing ourselves for the inevitable migration that may happen soon, or is currently happening. A lot of the new individuals coming to our city are very unstable individuals. Recently, my pregnant wife and myself were driving down F Street and an unhoused person to started walking across the street in front of my car as I was driving. When I honked in caution, It was clear that he had no regard for our safety, and he started yelling at us and signaling that he had a knife he could pull on us. This happened right in front of the police station. This is only a single act and as a small business owner we have seen multiple and increasing activity of drug use in plain public site with kids and families walking on the street. My wife was once a victim of a violent outburst inside our business, in this situation the individual shoved her face, and disappeared, this wasn't even that long ago, she was 5 months pregnant. Their violent outburst and zero regard for safety of public is becoming increasingly more apparent. They are acting as if they were a protected class of citizen, and I fear that they are becoming this due to their actions and lack of response from our city leaders, and also the fact that we are not allowed always to protect ourselves. Not only do I fear for my employees, customers, friends and family. But I am starting to really fear for the future of our cities children. I love Chula Vista so much, and I hate that I'm considering moving my family from my childhood city. While I agree that we should assist individuals in finding stable homes and getting the help they need. I do feel like we should be able to find a middle ground for those individuals who are not seeking help and would much rather stay homeless and be a public disturbance. The public and taxpayers deserve protection and deserve to see their tax dollars be used appropriately for the city and community they love. The county is on the brink of becoming the next homeless hotspot. Let's not let our city fall victim to these preventable events. Thank you for your time A concern citizen. You don't often get email from Learn why this is important Written Communications Public Comment - Barajas - Received 8/8 Page 377 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Telephone Honorable Mayor & City Council 08/08/23 This is a continuation of a presentation to inform The Chula Vista City Council of: 1) The devastating negative side effects The "Tenant Protection Ordinance" has on the Homeless, Elderly, and Chula Vista's Rental Community. 2) Your responsibility, as a Council Member, to mitigate any harm brought on our community as a result of a previous City Council's action. For verification of the facts presented, each of you have been E-mailed: 1) A copy of this presentation. 2) A copy of the full 15 Page report. 3) A copy of The "Tenant Protection Ordinance" 4) A copy of Administrative Regulations of the Tenant Protection Ordinance. I am only permitted three minutes each council meeting to communicate the facts so lets move along. Page 1 of 3 Page 378 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda In the presentation of 07/25/23 we pointed out the 5,000.00 daily fines levied against unsuspecting Landlords and/or tenants for simple paperwork errors. Below are the clauses which require immediate attention because of the harm they bring to Chula Vista Renters. Clause 9.65.060E states if a tenant terminates their lease and moves away, "Owners and Tenants shall provide City with information regarding termination of Tenancies at such times) and with such details as shall be required by city in the attendant Administration Regulations." Additionally, failure to comply or simple paperwork errors results in Tenants and/or Owners subject $5,000.00 daily fines WITH NO OPPORTUNITY TO MAKE CORRECTIONS as shown in the clause below. Clause 9.65.08002 States: "Civil penalties for violations of this chapter may be assessed at a rate not to exceed 5,000 per violation per day. When a violation occurs ft is not required that a warning or notice to cure must first be given before an administrative citation or civil penalty may be issued." Result: Make an inadvertent mistake... BINGO!! ! .. . Subject to a $5,000.00 Daily Fine. Page 2 of 3 Page 379 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda I see we are running out of time again. In my future presentation, we will delve into The "Administrative Regulations of the Tenant Protection Ordinance". You will learn how Staff's vain attempt to clean up the poorly worded clauses of The "Tenant Protection Ordinance" only made the matter worse. As I have stated many times before, there are those who believe I am being naive expecting these presentations will get you to care about the community you represent. Many are of the opinion The Council only responds to law suits and recall elections. I refuse to go there. I am hoping you will realize the harm The "Tenant Protection Ordinance" brings upon poorest of our city. Changing your heart is the Key. If you do not care about hardship your actions can bring upon the people of Chula vista, in the future you will only pass another ordinance and yet another ordinance which has a devastating effect on the most financially vulnerable of our community. I am determined to convince you to care for the people you represent. Thank You. f0,iEp/c -6 q/d6 o Page 3 of 3 Page 380 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda v . 0 03 P a g e | 1 August 8, 2023 ITEM TITLE Sewer Service: Assess Delinquent Sewer Service Charges as Recorded Liens Upon the Respective Parcels of Land and Place Delinquent Charges on the Next Regular Property Tax Bill for Collection by the County Treasurer-Tax Collector Report Number: 23-0175 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 Conduct the public hearing and adopt a resolution assessing certain delinquent sewer service charges as recorded liens upon the respective parcels of land and placement of delinquent charges on the next regular tax bill for collection by the County Treasurer-Tax Collector. (4/5 Vote Required) SUMMARY To enhance collection efforts and safeguard the City’s interest in sewer service charges and related delinquent fees and ensure that collection efforts are directed toward the responsible property owner, the Finance Department is recommending the approval of placing property liens a gainst affected parcels as a preliminary action to placing the delinquencies on county property tax rolls if they remain unpaid. Adopting this resolution will reduce uncollectible losses, ensure payments are received on a timelier basis and ensure responsible parties meet their sewer service payment obligations. This process has been previously approved by the City Council. 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 a governmental Page 381 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda P a g e | 2 fiscal/administrative activity 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 subject to CEQA. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION City residents and places of business benefit from the use of the City’s wastewater system. Through Title 13 of the Chula Vista Municipal Code (“CVMC”), the City regulates sewer construction, sewer use and industrial wastewater discharge; to provide for equitable distribution of the City’s costs and to provide procedures for complying with wastewater discharge requirements placed upon the City through interagency agreement and by state and federal regulatory bodies. CVMC Section 13.14.150 allows delinquent sewer service charges to be assessed as recorded liens upon the affected properties and ultimately placed upon the county property tax bills on that parcel for collection by the County Treasurer-Tax Collector. The Municipal Code states that upon notification of the property owners, a public hearing is set for sewer service accounts which are over 60 days delinquent. At the hearing, the City Council considers the delinquent accounts together with any objections or protests by interested parties. At the conclusion of the hearing, the City Council may either approve the delinquency and amount owed on the accounts submitted or as modified or corrected by the City Council. Lastly, the City Council adopts a resolution assessing such amounts as recorded liens upon the respective parcels of land, and the amounts are charged to the property owners on the next regular property tax bill. The last time a property lien resolution for delinquent sewer service charges was submitted to and approved by the City Council was in July 2017. At that time, 268 accounts valued at $178,489 were approved. Primarily due to the COVID-19 pandemic, the City has delayed assessment of delinquent sewer service charges as recorded liens upon the affected properties. With the end of the COVID-19 emergency and due to the initiation of the collection process described below, City staff is recommending the assessment of recorded liens upon the affected properties as allowed by the Municipal Code. Collection Process In the months leading up to this public hearing, Finance Department staff have worked closely with our water authority partners, third party vendors, and cross-departmental staff to put together an effective and informative approach, which is in-line with the Municipal Code and best practices, to re-establish the annual recording of property liens upon affected parcels. Staff has identified and submitted 560 delinquent accounts valued at $733,567 to the City for collection through the lien process. The increase in the number of delinquent accounts when compared to July 2017, as mentioned above, is due to this property lien resolution including delinquent sewer service charges from the end of 2017 through the beginning of 2023. The account status and property ownership on these accounts have been verified by City staff through a third-party consultant, Spicer Consulting Services. These property owners have been notified of their delinquencies through a series of past due notices sent by the Finance Department. Additionally, the City notified property owners of the public hearing via public Page 382 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda P a g e | 3 hearing notice letters sent by certified mail, where they were asked to pay their delinquent s ewer service charges prior to transmittal of their delinquent account to the Co unty to avoid a lien being placed on their property. City staff also published a public hearing notice to a locally circulated newspaper. City staff will create payment arrangements as needed and staff will continue to update the delinquent list as payments are received and accounts are cleared. A final list will be submitted to the City Council for consideration on the day of the public hearing to reflect the most current payment postings as well as leading up to the lien recording submission date, to avoid submitting accounts resolved following the public hearing. Staff is recommending that the City Council approve the final list of delinquent s ewer service accounts as submitted, and that these charges be forwarded to the County and assessed as recorded liens on the respective parcels of land and ultimately placed on the next regular tax bill for collection. 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 Approval of the resolution supports collection of delinquent s ewer service charges totaling $733,567. All expenses associated with this action are funded by the City’s sewer funds and all sewer service charges collected as a result of this action will be deposited into the City’s sewer funds. The projected revenues for this action will be reflected in the First Quarter Report for fiscal year 2023-24 budget. ONGOING FISCAL IMPACT There is no ongoing fiscal impact as a result of this action. Sewer service charges and related delinquent fees referred with this resolution will ultimately be recovered via county property tax bills or property lien release payments within this fiscal year. ATTACHMENTS None. Staff Contact: Jimmy Vasquez, Finance Department Sarah Schoen, Director of Finance/Treasurer Page 383 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. ___ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR PROPERTY TAX BILL FOR COLLECTION BY THE COUNTY TREASURER-TAX COLLECTOR WHEREAS, Chula Vista Municipal Code Section 13.14.150 allows delinquent sewer service charges to be assessed as recorded liens upon the affected properties and ultimately placed on the property tax bill for collection; and WHEREAS, Section 13.14.150 requires the City to hold a public hearing, no sooner than seven days after the sixty-day delinquency period has passed, with advance notice to be mailed to the affected property owners, notifying them that failure to pay the delinquent account will result in a lien upon the affected parcel and the amount owed will be charged to the property owner on the next regular property tax bill; and WHEREAS, City staff has identified certain properties for which the sewer service charges are over sixty days delinquent; and WHEREAS, property owners have been notified of their delinquencies within the last sixty days, were notified of the time and place of the public hearing within the last ten days, and were again asked to pay the delinquent sewer service charges to avoid a lien being placed on their property; and WHEREAS, City staff is recommending that the City Council approve the final list of delinquent sewer service accounts as submitted and that these charges be submitted to the County for assessment as recorded liens on the respective parcels of land and ultimately placed on the next regular property tax bill for collection; and WHEREAS, the City Council has held the requisite public hearing and considered the delinquent accounts together with any objections or protests by interested parties; and WHEREAS, at the conclusion of the hearing, the City Council approved the delinquency and amount owed on the accounts as submitted. has held the requisite public hearing and considered the delinquent accounts together with any objections or protests by interested parties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it: (1) has considered assessing certain delinquent sewer service charges, as detailed in the final list of delinquent sewer service accounts presented to the City Council for this matter, as recorded liens on the affected parcels; (2) has heard and overruled any and all protests or objections presented at the public hearing on this matter; and (3) approves, with respect to the delinquent Page 384 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Resolution No. Page 2 account list submitted to the City Council and on file in the City Finance Department, assessing delinquent sewer service charges as recorded liens upon the respective parcels of land and the placement of such delinquent sewer service charges as special assessments on the next corresponding regular property tax bills, unless cleared prior to transmittal of the delinquent account list to the County Treasurer-Tax Collector. Presented by Approved as to form By: Sarah Schoen Jill D.S. Maland Director of Finance/Treasurer Lounsbery Ferguson Altona & Peak Acting City Attorney Page 385 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda «NameAddress_Line_1» «NameAddress_Line_2» «NameAddress_Line_3» NOTICE OF PUBLIC HEARING DELINQUENT SEWER SERVICE CHARGES Pursuant to City of Chula Vista Municipal Code Section 13.14.150, you are hereby notified that, since the above referenced sewer service account remains delinquent despite a final notice of delinquency having been sent, it has been set for PUBLIC HEARING on: August 8, 2023 at 5:00 PM at Council Chambers, City Hall, 276 Fourth Avenue, Chula Vista, CA 91910. At the hearing, the City Council will consider approving placement of a lien on the property identified above for the delinquent sewer service charges, as well as late penalties and administrative fees that have accrued against the account as of the date of the hearing. The lien amount approved by the City Council will be added to your next property tax bill, requiring full payment to the County Tax Collector. The lien amount to be considered will be the Delinquent Balance shown above, plus the following penalties and administrative fees: Lien Recording Fee: $10 Recorded Item Non-Payment Penalty: $15 Lien Payoff Demand Letter: $25 Lien Release Letter: $25 Any property owner or person affected by the charges may present a written or oral protest or objection to the delinquency of the account or to the amount owed for the City Council’s consideration at the hearing. If you fail to present a written or oral protest, you may be deemed to have waived your rights to object to the imposed charges at any subsequent legal proceedings. At the conclusion of the hearing, the City Council will decide whether to approve placing a lien on the property, either as submitted, or as modified. To avoid placement of a lien on the referenced property, [$xx.xx] must be paid in full prior to the public hearing. Please contact the City of Chula Vista Finance Department no later than August 7, 2023. Payments can be made:  Online – You may access online payments by visiting www.chulavistaca.gov/payCVSewer  By Mail – Please make your check payable to the City of Chula Vista and reference [Reference_num] on your payment to ensure correct application to your account  In Person – City of Chula Vista Finance Department, 276 Fourth Avenue, Chula Vista, CA 91910. Our hours of operation are Monday-Thursday 8:00 am - 5:00 pm and Friday 8:00 am - 12:00 pm PARTIAL PAYMENTS WILL NOT PREVENT YOUR ACCOUNT FROM BEING REFERRED TO THE PUBLIC HEARING COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT (ADA) The City of Chula Vista, in complying with the American with Disabilities Act, requests individuals who require special accommodation to access, attend and/or participate in a city meeting, activity or service request such accommodation at least 48 hours in advance, for meetings, and 5 days for scheduled services and activities. Please contact Finance Department for specific information at (619) 409-3806. California Relay Service is available for the hearing impaired by dialing 711, at least forty-eight hours in advance of the meeting. If you feel you received this notice in error, please contact us at cvsewer@chualvistaca.gov or (619) 691-5117. ACCOUNT NUMBER: [Account_num] REFERENCE NUMBER: [Reference_num] SERVICE ADDRESS: [Service_Address] DELINQUENT BALANCE: [$xx.xx] Page 386 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda «NombreDirección _Linea_1» «NombreDirección_Linea_2» «NombreDirección_Linea_3» AVISO DE AUDIENCIA PUBLICA CARGOS MORATORIOS DEL SERVICIO DE ALCANTARILLADO De conformidad con el Código Municipal de la Ciudad de Chula Vista 13.14.150, por la presente se le notifica que, dado que existe un adeudo en la cuenta del servicio de alcantarillado mencionada anteriormente a pesar de haber recibido un aviso final de adeudo, se fijó para AUDIENCIA PUBLICA el: 8 de agosto del 2023 a las 5 p.m. en el Cabildo de la Ciudad, 276 Fourth Avenue, Chula Vista, CA 91910. En la audiencia, el Cabildo de la Ciudad considerará aprobar la imposición de un gravamen sobre su propiedad por todos los cargos de servicio de alcantarillado atrasados, multas por retraso y cargos administrativos asociados con el proceso del gravamen. Cuando se apruebe, el monto del gravamen se agregará a su próxima factura de impuestos sobre la propiedad, lo que requerirá del pago total ante el Recaudador de Impuestos del Condado. Tenga en cuenta que los cargos adicionales aumentarán el saldo adeudado anteriormente. Vea los cargos adicionales que se presentan a continuación: Cargo por Registro de Gravamen: $10 Multa por Falta de Pago del Gravamen Registrado: $15 Carta de Demanda de Pago de Gravamen: $25 Carta de Liberación de Gravamen: $25 Cualquier propietario o persona afectada por los cargos podrá presentar una protesta escrita u oral u objeción del adeudo u cantidad adeudada por consideración del Cabildo de la Ciudad. Si no presenta una protesta escrita u oral, se puede considerar que ha renunciado a sus derechos de objetar los cargos impuestos en cualquier procedimiento legal posterior. Al final de la audiencia, el Cabildo de la Ciudad decidirá si aprobará la imposición del gravamen sobre su propiedad solicitada ya sea tal como fue presentada o con modificaciones. Para evitar la imposición del gravamen sobre su propiedad, [$xx.xx] deberá pagarse en su totalidad antes de la audiencia pública. Favor de comunicarse con el Departamento de Finanzas de la Ciudad de Chula Vista a más tardar el 7 de agosto del 2023. Los pagos se pueden presentar:  En línea- Usted puede realizar pagos en línea visitando: www.chulavistaca.gov/payCVSewer  Por Correo – Favor de enviar su cheque a nombre de City of Chula Vista e incluya el número de referencia [Reference_num] en su pago para garantizar la correcta aplicación a su cuenta.  En Persona – En el Departamento de Finanzas de la Ciudad de Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 Nuestro horario de servicio es de lunes-jueves 8:00 am - 5:00 pm y viernes 8:00 am - 12:00 pm PAGOS PARCIALES NO EVITARAN QUE SU CUENTA SEA REMITIDA A UNA AUDIENCIA PUBLICA. CUMPLIMIENTO DE LA LEY DE ESTADOUNIDENSES CON DISCAPACIDADES (ADA) La Ciudad de Chula Vista, en cumplimiento con la Ley de Estadounidenses con Discapacidades, solicita a las personas que requieren adaptaciones especiales para acceder, asistir y/o participar en una junta, actividad o servicio de la ciudad, que soliciten dicha adaptación con cuando menos 48 horas de anticipación, para asistir a juntas, y 5 días para servicios y actividades programadas. Comuníquese al (619) 409-3806 para obtener información específica. El servicio de retransmisión de California está disponible para personas con discapacidad auditiva llamando al 711, al menos cuarenta y ocho horas previas a la junta. Si cree que recibió este aviso por error, comuníquese con nosotros a cvsewer@chulavistaca.gov o al (619) 691-5117. NUMERO DE CUENTA: [Account_num] NUMERO DE REFERENCIA: [Reference_num] DIRECCION DE SERVICIO: [Service_Address] BALANCE VENCIDO: [$xx.xx] Page 387 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda From: Julia Jones < Sent: Tuesday, August 8, 2023 3:32 PM To: CityClerk <CityClerk@chulavistaca.gov> Subject: 7.1 Oppose, Message & Question WARNING - This email originated from outside the City of Chula Vista. Do not click any links and do not open attachments unless you can confirm the sender. PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to reportphishing@chulavistaca.gov A lien is excessive for one either being behind in payments, for late fees, as well as, the City has NOT posted late fees on bills until a few months ago. Is the City exempt from proper noticing? Question for City Attorney? Is there a law that requires businesses to post late fees? Finance fee’s? Same question for City’s? The City of Chula Vista was not posting that they will charge late fees if not paid after a given date. How is this appropriate in any situation let along during a hundred-year pandemic when all utilities and local County agencies had discontinued their late payment fees during the epidemic. City has offered a payment plan for payments including late and finance fees, ZERO adjustment even though they did not post that there Was a late fee, What the fee is nor that the fees will be compounded by a finance charge. City can and should post on all bils noticing an prior to charging late fees. City should also have it on the bill as a LATE CHARGE not noted as “ADJUSTMENT” which has multiple interpretations. You don't often get email from Learn why this is important Written Communications Item 7.1 - Jones - Received 8/8 Page 388 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Item 7.1: Assessment of Delinquent Sewer Service Charges as Liens on Parcels and Placement on Property Tax Bills CITY COUNCIL PUBLIC HEARING AUGUST 8, 2023 JIMMY VASQUEZ, REVENUE MANAGER, FINANCE DEPARTMENT ADRIAN DEL RIO, ASSISTANT DIRECTOR, FINANCE DEPARTMENT Page 389 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Background Information The City builds, operates and contracts for public sewers and wastewater facilities, a majority of City residences and places of business benefit from these services and infrastructure Per CVMC Section 13.14.110, the owner or occupant of any parcel which is connected to the City’s sewer system and to a water system maintained by Sweetwater Authority, Otay Water District or the American Water Company shall pay the required fees for a sewer service charge The lien process applies only to Sweetwater Authority customers, who are billed for sewer services by the City. Other sewer customers are billed through their property tax and water bill CVMC Section 13.14.150 outlines payment obligations, billing cycles, proper noticing, penalties for delinquency and the lien process The lien process ensures responsible parties meet their service payment obligations and payments received on a timelier basis, resulting in a reduction of uncollectible losses Page 390 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Lien Process Overview Leading up to this public hearing, Finance staff have worked closely with our water authority partners, third-party consultants and cross-departmental stakeholders to build an informative approach to our lien process Our approach was initiated by improving the overall collections process: ◦Additional touchpoints and improved noticing and communication to customers ◦Dedicated customer support and payment support ◦Writing-off of uncollectible debt ◦Application and grant award for delinquent sewer charges ◦Third-party parcel and account validation ◦Legal review of noticing and communication ◦Translated notices and using certified mail ◦Issuing payment plans Page 391 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Lien Process Overview (Cont.) Regular bills, late notice mailings, penalty assessments and public notice publication have been carried out per CVMC Section 13.14.150 leading up to the Public Hearing The submitted accounts for Council to consider have been verified and the most up to date account status is reflected on the lien list Many accounts have been resolved or granted payment plans since the initial late notices were sent and staff will continue to assist and remove accounts from the lien list through 8/8/23 As of 8/8/23, the lien list provided to City Council has 195 sewer accounts valued at $333k Page 392 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Customer Service Impact During the lien process, staff has assistance with account information and explained programs and options to help settle account arrearages 405 accounts valued at $633K are on an active payment plan $877K in AR paid-down since first past due notice from 5/4 $207K in previously applied grant money for lien-eligible accounts $243K in previously written-off receivables for lien-eligible accounts Of the City’s 15,000 sewer customer base; 563 accounts or 3.74%, were sent the initial Public Hearing Notice Letter. 195 accounts or 1.30% remain on the lien list today. Page 393 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Lien Process Timeline Page 394 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Recommended Action Staff recommends City Council conduct the public hearing and adopt a resolution assessing certain delinquent sewer service charges as recorded liens upon the respective parcels of land and placement of those charges on the next regular property tax bill for collection by the County Treasurer-Tax Collector Page 395 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda v . 0 03 P a g e | 1 August 8, 2023 ITEM TITLE Solid Waste Service: Assess Delinquent Solid Waste Service Charges as Recorded Liens Upon the Respective Parcels of Land and Place Delinquent Charges on the Next Regular Property Tax Bill for Collection by the County Treasurer-Tax Collector Report Number: 23-0176 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 City Council conduct the public hearing and adopt a resolution assessing certain delinquent solid waste service charges as recorded liens upon the respective parcels of land and placement of delinquent charges on the next regular tax bill for collection by the County Treasurer-Tax Collector. (4/5 Vote Required) SUMMARY To enhance collection efforts and safeguard the City’s interest in solid waste service charges and related delinquent fees and ensure that collection efforts are directed toward the responsible property owner, the Finance Department is recommending the approval of placing property liens against affected parcels as a preliminary action to placing the delinquencies on county property tax rolls if they remain unpaid. Adopting this resolution will reduce uncollectible losses, ensure payments are received on a timelier basis, and ensure responsible parties meet their solid waste service payment obligations. This process has been previously approved by the City Council. 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 a governmental Page 396 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda P a g e | 2 fiscal/administrative activity 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 subject to CEQA. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION City residences and places of business benefit from the weekly collection of solid waste. Accordingly, per Chula Vista Municipal Code (“CVMC”) Section 8.24, the collection of solid waste is a mandatory service and shall not be discontinued or suspended. The City implements an Integrated Solid Waste Management Plan, through its authorized collector, Republic Services, and an associated franchise agreement. The City’s management plan effectively controls the storage, collection, transport, processing and reuse, disposal or conversion of solid waste, recyclables, and organic waste in a safe, sanitary, and aesthetically acceptable and economical manner. This plan includes all administrative, financial, legal, and operational aspects of solid waste handling. To assist in collection efforts and ensure all residents and business owners meet their obligations, CVMC Section 8.24.180 allows delinquent solid waste service charges and associated fees to be assessed as recorded liens upon the affected properties and ultimately placed on the county property tax bills on that parcel for collection by the County Treasurer-Tax Collector. The municipal code also states that upon notification of the property owners, a public hearing be set for solid waste service accounts that are over 90 days delinquent. At the hearing, the City Council considers the delinquent accounts together with any objections or protests by interested parties. At the conclusion of the hearing, the City Council may either approve the delinquency and amount owed on the accounts submitted or as modified or corrected by the City Council. Lastly, the City Council adopts a resolution assessing such amounts as reordered liens upon the respective parcels of land, and the amounts are charged to the property owners on the next regular property tax bill. As these amounts are collected, the monies are remitted to Republic Services, less the City’s Franchise Fees, AB939 Compliance Permit Fee/Household Hazardous Waste and associated delinquent fee charges. The last time a property lien resolution for delinquent solid waste service charges approved by the City Council was in August 2018. At that time, 1,138 accounts valued at $202,424 were approved. Primarily due to the COVID-19 pandemic, the City has delayed the assessment of delinquent solid waste service charges as recorded liens upon the affected properties. With the end of the COVID-19 emergency and due to the initiation of the collection process described below, City staff is recommending the assessment of recorded liens upon the affected properties as allowed by the Municipal Code Collection Process In the months leading up to this public hearing, Finance Department staff have worked closely with Republic Services, third party vendors, and cross-departmental staff to put together an effective and informative approach, which is in-line with the Municipal Code and, best practices, to re-establish the annual recording of property liens upon affected parcels. Republic Services and the City have identified and submitted 1,229 delinquent accounts valued at $799,935 to the City for collection through the lien process. The account status Page 397 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda P a g e | 3 and property ownership on these accounts have been verified by Republic Services and City staff, through a third-party consultant, Spicer Consulting Services. These property owners have been notified of their delinquencies through a series of past due notices sent by Republic Services and reviewed and approved by City staff, until they were ultimately submitted to the City for collection through the lien process. Additionally, the City notified property owners of the public hearing via public hearing notice letters sent by certified mail, where they were asked to pay their delinquent solid waste service charges prior to transmittal of their delinquent account to the County to avoid a lien being placed on their property. City staff also published a public hearing notice to a locally circulated newspaper. City staff has been working with Republic Services to resolve any c ustomer disputes as they arise and payment arrangements have been set up as needed. Staff will continue to update the delinquent list as payments are received and accounts are cleared. A final list will be submitted to the City Council for consideration on the day of the public hearing to reflect the most current payment postings as well as leading up to the lien recording submission date, to avoid submitting accounts resolved following the public hearing. Staff is recommending that the City Council approve the final list of delinquent solid waste service accounts as submitted, and that these charges be forwarded to the County and assessed as recorded liens on the respective parcels of land and ultimately placed on the next regular tax bill for collection. 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 Approval of the resolution supports collection of delinquent solid waste charges totaling $799,935. A portion of this amount will be realized by the City as Franchise Fees, AB939 fees and related delinquent fee revenues. The projected revenues for this action will be reflected in the First Quarter Report for fiscal year 2023-24 budget. ONGOING FISCAL IMPACT There is no ongoing fiscal impact. Solid waste service charges and related delinquent fees referred with this resolution will ultimately be recovered via county property tax bills or property lien release payments within this fiscal year. ATTACHMENTS None. Staff Contact: Jimmy Vasquez, Finance Department Sarah Schoen, Director of Finance/Treasurer Page 398 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR PROPERTY TAX BILL FOR COLLECTION BY THE COUNTY TREASURER-TAX COLLECTOR WHEREAS, Chula Vista Municipal Code Section 8.24.010 states that the collection of solid waste is a mandatory service and shall not be discontinued or suspended; and WHEREAS, to ensure that all residents pay their fair share of costs associated with this program, Chula Vista Municipal Code Section 8.24.180 allows delinquent solid waste service charges to be assessed as recorded liens upon the affected properties and ultimately placed on the next regular property tax bill for collection by the County Treasurer-Tax Collector; and WHEREAS, Section 8.24.180 requires that, once solid waste fees become more that 10 days delinquent, the City’s contract or franchise agent shall issue late notices to the responsible owners and occupants; and WHEREAS, the Municipal Code further requires that, if an owner or occupant is delinquent on payment of a solid waste service bill for more than 90 days, the account shall be assigned to the City for collection, which must send a final notice of delinquency, including the amount owed, penalty schedule, lien procedure and associated costs and administration fees, prior to setting the matter for hearing to consider a lien; and WHEREAS, the Municipal Code provides that, if a solid waste service bill is not paid within 15 days after the final notice of delinquency, the matter may b e set for a public hearing, at least 7 days after the 15-day period, following notification to the property owner; and WHEREAS, City staff has identified certain properties for which solid waste service bills meet the criteria for delinquency and submission for placement of property liens; and WHEREAS, the account status and property ownership of these accounts have been verified by both Republic Services and City staff; and WHEREAS, property owners have been notified of their delinquencies through a series of past due notices sent by Republic Services, until they were ultimately submitted to the City for collection; and WHEREAS, City staff has notified the property owners of the public hearing and these owners were asked to pay their delinquent solid waste service charges prior to transmittal of the delinquent account to the County to avoid a lien being placed their property; and Page 399 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Resolution No. Page 2 WHEREAS, City staff is recommending that the City Council approve the final list of delinquent solid waste service accounts as submitted, and that these charges be submitted to the County for assessment as recorded liens on the respective parcels of land and ultimately placed on the next regular property tax bill for collection; and WHEREAS, the City Council has held the requisite public hearing and considered the delinquent accounts together with any objections or protests by interested parties; and WHEREAS, at the conclusion of the hearing, the City Council approved the delinquency and amount owed on the accounts as submitted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it: (1) has considered assessing certain delinquent solid waste service charges, as detailed in the final list of delinquent solid waste service accounts presented to the City Council for its consideration of this matter, as recorded liens on the affected parcels; (2) has heard and overruled any and all protests or objections presented at the public hearing on this matter; and (3) approves, with respect to the delinquent account list submitted to the City Council and on file in the City Finance Department, assessing delinquent solid waste service charges as recorded liens upon the respective parcels of land and the placement of such delinquent solid waste service charges as special assessments on the next corresponding regular property tax bills, unless cleared prior to transmittal of the delinquent account list to the County Treasurer-Tax Collector. Presented by Approved as to form By: Sarah Schoen Jill D.S. Maland Director of Finance/Treasurer Lounsbery Ferguson Altona & Peak Acting City Attorney Page 400 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda «NameAddress_Line_1» «NameAddress_Line_2» «NameAddress_Line_3» NOTICE OF PUBLIC HEARING DELINQUENT SOLID WASTE COLLECTION CHARGES Pursuant to City of Chula Vista Municipal Code Section 8.24.180, you are hereby notified that, since the above referenced solid waste service account remains delinquent despite a final demand for payment notice having been sent, it has been set for PUBLIC HEARING on: August 8, 2023 at 5:00 PM at Council Chambers, City Hall, 276 Fourth Avenue, Chula Vista, CA 91910. At the hearing, the City Council will consider approving placement of a lien on the property identified above for the delinquent solid waste service charges, as well as late penalties and administrative fees that have accrued against the account as of the date of the hearing. The lien amount approved by the City Council will be added to your next property tax bill, requiring full payment to the County Tax Collector. The lien amount to be considered will be the Delinquent Balance shown above, plus the following penalties and administrative fees: Lien Recording Fee: $10 Recorded Item Non-Payment Penalty: $15 Lien Payoff Demand Letter: $25 Lien Release Letter: $25 Any property owner or person affected by the charges may present a written or oral protest or objection to the delinquency of the account or to the amount owed for the City Council’s consideration at the hearing. If you fail to present a written or oral protest, you may be deemed to have waived your rights to object to the imposed charges at any subsequent legal proceedings. At the conclusion of the hearing, the City Council will decide whether to approve placing a lien on the property, either as submitted, or as modified. To avoid placement of a lien on the referenced property, [$xx.xx] must be paid in full prior to the public hearing. Please contact Republic Services no later than August 7, 2023. Payments can be made:  Online – You may access online payments by visiting www.RepublicServices.com  By Mail – Make your check payable to Republic Services and reference account [Account_num] on your payment and mail to Republic Services #509, P.O. Box 78829, Phoenix, Az 85062-8829  Telephone: Call Customer Service at (619) 482-4099 to make a payment with your credit or debit card  In Person – Our Chula Vista office is located at 881 Energy Way. Chula Vista, CA 91911. Office hours are Monday-Friday 8:00 am - 5:00 pm and Saturday 8:00 am - 12:00 pm PARTIAL PAYMENTS WILL NOT PREVENT YOUR ACCOUNT FROM BEING REFERRED TO THE PUBLIC HEARING COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT (ADA) The City of Chula Vista, in complying with the American with Disabilities Act, requests individuals who require special accommodation to access, attend and/or participate in a city meeting, activity or service request such accommodation at least 48 hours in advance, for meetings, and 5 days for scheduled services and activities. Please contact Finance Department for specific information at (619) 409-3806. California Relay Service is available for the hearing impaired by dialing 711, at least forty-eight hours in advance of the meeting. If you feel you have received this notice in error, please contact Republic Services at (619) 482-4099. REPUBLIC SERVICES ACCOUNT: [Account_num] ASSESOR’S PARCEL NUMBER: [Parcel_num] DELINQUENT BALANCE: [$xx.xx] Page 401 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda «NombreDirección _Linea_1» «NombreDirección_Linea_2» «NombreDirección_Linea_3» AVISO DE AUDIENCIA PUBLICA - CARGOS MORATORIOS DEL SERVICIO DE RECOLECCION DE DESECHOS SOLIDOS Y RECICLAJE De conformidad con el Código Municipal de la Ciudad de Chula Vista 8.24, por la presente se le notifica que, dado que existe un adeudo en la cuenta del servicio de recolección de desechos sólidos y reciclaje mencionada anteriormente a pesar de haber recibido un aviso final de adeudo, se fijó para AUDIENCIA PUBLICA el: 8 de agosto del 2023 a las 5 p.m. en el Cabildo de la Ciudad, 276 Fourth Avenue, Chula Vista, CA 91910. En la audiencia, el Cabildo de la Ciudad considerará aprobar la imposición de un gravamen sobre su propiedad por todos los cargos de servicio de recolección de desechos sólidos y reciclaje atrasados, multas por retraso y cargos administrativos asociados con el proceso del gravamen. Cuando se apruebe, el monto del gravamen se agregará a su próxima factura de impuestos sobre la propiedad, lo que requerirá del pago total ante el Recaudador de Impuestos del Condado. Tenga en cuenta que los cargos adicionales aumentarán el saldo adeudado anteriormente. Vea los cargos adicionales que se presentan a continuación: Cargo por Registro de Gravamen: $10 Multa por Falta de Pago del Gravamen Registrado: $15 Carta de Demanda de Pago de Gravamen: $25 Carta de Liberación de Gravamen: $25 Cualquier propietario o persona afectada por los cargos podrá presentar una protesta escrita u oral u objeción del adeudo u cantidad adeudada por consideración del Cabildo de la Ciudad. Si no presenta una protesta escrita u oral, se puede considerar que ha renunciado a sus derechos de objetar los cargos impuestos en cualquier procedimiento legal posterior. Al final de la audiencia, el Cabildo de la Ciudad decidirá si aprobará la imposición del gravamen sobre su propiedad solicitada ya sea tal como fue presentada o con modificaciones. Para evitar la imposición del gravamen sobre su propiedad, [$xx.xx] deberá pagarse en su totalidad antes de la audiencia pública. Favor de comunicarse con Republic Services a más tardar el 7 de agosto del 2023. Los pagos se pueden presentar:  En línea- Usted puede realizar pagos en línea visitando: www.RepublicServices.com  Por Correo – Favor de enviar su cheque a nombre de Republic Services e incluya el número de referencia [Account_num] en su pago e envié su pago a Republic Services #509, P.O. Box 78829, Phoenix, Az 85062-8829  Por teléfono: Llame a Servicio al Cliente al (619) 482-4099 para realizar un pago con su tarjeta de crédito o debito  En Persona – La oficina de Chula Vista esta ubicada en, 881 Energy Way, Chula Vista, CA 91911. El horario de servicio es de lunes-viernes de 8:00 am - 5:00 pm y sábados de 8:00 am - 12:00 pm PAGOS PARCIALES NO EVITARAN QUE SU CUENTA SEA REMITIDA A UNA AUDIENCIA PUBLICA CUMPLIMIENTO DE LA LEY DE ESTADOUNIDENSES CON DISCAPACIDADES (ADA) La Ciudad de Chula Vista, en cumplimiento con la Ley de Estadounidenses con Discapacidades, solicita a las personas que requieren adaptaciones especiales para acceder, asistir y/o participar en una junta, actividad o servicio de la ciudad, que soliciten dicha adaptación con cuando menos 48 horas de anticipación, para asistir a juntas, y 5 días para servicios y actividades programadas. Comuníquese al (619) 409-3806 para obtener información específica. El servicio de retransmisión de California está disponible para personas con discapacidad auditiva llamando al 711, al menos cuarenta y ocho horas previas a la junta. Si cree que recibió este aviso por error, comuníquese con Republic Services al (619) 482-4099. CUENTA DE REPUBLIC SVCS: [Account_num] NUMERO DE PARCELA: [Parcel_num] BALANCE VENCIDO: [$xx.xx] Page 402 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Item 7.2: Assessment of Delinquent Solid Waste Service Charges as Liens on Parcels and Placement on Property Tax Bills CITY COUNCIL PUBLIC HEARING AUGUST 8, 2023 JIMMY VASQUEZ, REVENUE MANAGER, FINANCE DEPARTMENT ADRIAN DEL RIO, ASSISTANT DIRECTOR, FINANCE DEPARTMENT Page 403 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Background Information City residences and places of business benefit from the weekly collection of solid waste Through our current Franchise Agreement, dated September 2014, the City’s authorized collector of solid waste is Republic Services Per CVMC Section 8.24.010, the collection of solid waste is a mandatory service which shall not be discontinued or suspended CVMC Section 8.24.180 outlines payment obligations, billing cycles, service rates, penalties for delinquency and the lien process The lien process ensures responsible parties meet their service payment obligations and payments received on a timelier basis, resulting in a reduction of uncollectible losses Page 404 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Lien Process Overview City staff have worked closely with Republic Services staff and other key stakeholders for several months leading up to the Public Hearing The approach was initiated by improving the collections process: ◦Additional and improved noticing and communication ◦Dedicated customer support phone line and payment support ◦Writing-off of uncollectible debt ◦Third-party parcel and account validation ◦Legal review of noticing and communication ◦Translated notices and using certified mail ◦Issuing payment plans Page 405 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Lien Process Overview (Cont.) Regular bills, late notice mailings, penalty assessments and public notice publication have been carried out per CVMC Section 8.24.180 leading up to the Public Hearing The submitted accounts for Council to consider have been verified and the most up to date account status is reflected on the lien list Many accounts have been settled or granted payment plans since the initial late notices were sent and staff will continue to assist and remove accounts from the list through 8/8/23 As of 8/8/23, the lien list provided to City Council has 599 solid waste accounts valued at $445K Page 406 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Lien Process Timeline Page 407 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Recommended Action Staff recommends City Council conduct the public hearing and adopt a resolution assessing certain delinquent solid waste service charges as recorded liens upon the respective parcels of land and placement of those charges on the next regular property tax bill for collection by the County Treasurer-Tax Collector. Page 408 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda v . 0 03 P a g e | 1 August 8, 2023 ITEM TITLE Agreement: Approve an Agreement with Cityzen Solutions, Inc., Doing Business As PublicInput, for an Online Public Engagement Platform Report Number: 23-0204 Location: No specific geographic location Department: City Manager Environmental Notice: This activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt a resolution approving an agreement with Cityzen Solutions, Inc., doing business as (“dba”) PublicInput, for an online public engagement platform, with an initial term through June 30, 2026, and two optional one-year extensions. SUMMARY The City of Chula Vista prioritizes public engagement in all aspects of City operations. In support of expanding and enhancing public participation, staff is recommending the implementation of an online public engagement platform that will centralize and encourage public participation in City projects, programs, and initiatives, while providing rich and intuitive tools for learning and gathering public input. Following a public procurement process, staff recommends entering into an agreement with Cityzen Solutions, Inc., dba PublicInput, with an initial term through June 30, 2026 and two, optional, one-year extensions. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with 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. Page 409 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION The City of Chula Vista prioritizes public engagement in all aspects of City operations. In support of expanding and enhancing public participation, staff is recommending the implementation of an online public engagement platform that will centralize and encourage public participation in City projects, programs, and initiatives, while providing rich and intuitive tools for learning and gathering public input. On January 5, 2023, the City posted request for proposals (“RFP”) RFP P09-2023 to Planet Bids, seeking competitive proposals from software providers for an online software as a service (“SaaS”) public engagement platform. The minimum features to be provided were as follows: 1. Educational: A straightforward, intuitive, platform to present information in multiple readable formats, including text, maps, charts, and lists. 2. Customizable: A flexible platform that will work across a variety of projects to solicit feedback in multiple ways. 3. Visual: The tools must be visually appealing, with a design preference for simplicity over complexity. The platform should effectively present visual elements such as maps, layouts, and photos. Any stock photos on the platform that show people must represent the diversity of Chula Vista. 4. Self-guided: The development and management of the content and data generated by the platform must be usable in an un-facilitated online setting. 5. Accessible: ADA-compliant and conforming to the Web Content Accessibility Guidelines 2.0, as applicable. 6. Capable of integration: Able to host or link documents, images, or other relevant content and able to be embedded on other webpages. Able to download data or content for use in documents, reports, presentations, etc. 7. Compatible: Usable with a variety of web browsers and devices (tablets, smartphones, etc.). 8. Civil: Allow the moderation of comments and the removal of inappropriate comments and messages. 9. Social: Interface with social media platforms, including Instagram, Twitter, NextDoor and Facebook, and support sharing on those platforms. 10. Data-smart: Collect data on participation and survey responses, as well as narrative input and geographic data (if mapping features are used) and provide this data through both native reports and data export. 11. Mappable: Enable users to provide specific locational feedback. Integration with ArcGIS highly desirable. 12. Engaging: Provide for two-way engagement and communication between the City and public. 13. Verification: Employ methods to limit or identify spam comments and interactions by bots, focusing on input from legitimate individual users. 14. Privacy: Employ a strong privacy policy and functionality to safeguard personal identifiable information. 15. Multilingual: Bilingual (English/Spanish) or multilingual functionality is highly desirable. Page 410 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda P a g e | 3 The City received twelve (12) responses to RFP P09-2023. Each proposal was reviewed for qualifications and evaluated by a selection committee, consisting of staff from the City Manager’s Office, Information and Technology Services, and Housing and Homeless Services. The proposals were ranked, and the top four (4) respondents were invited to provide a presentation and demonstrate their software to the selection committee. Presentations were made by PlaceSpeak, Cityzen Solutions, Inc. dba PublicInput, Social Pinpoint and Granicus, LLC. The selection committee then evaluated the proposals based on the following criteria: 1. Understanding – evaluation of respondent’s understanding of the purpose of the procurement. 2. Qualifications – evaluation of respondent’s demonstrated qualifications to provide the scope of services. 3. References – evaluation of respondent’s demonstrated ability to undertake the scope of work and produce the required outcome in a timely manner. 4. Proposed Cost – evaluation of the fee proposal, including both one-time and ongoing costs. 5. Demonstration – evaluation of the ability of respondent’s online public engagement platform to provide the features set forth in the scope of work. Based upon the above evaluation process, staff recommends entering into an agreement with Cityzen Solutions, Inc., dba PublicInput, with an initial term through June 30, 2026 and two, optional, one-year extensions (Attachment 1). Based on the proposal and the presentation, it is staff’s understanding that PublicInput’s software helps governments build community relationships through engagement and supports active collaboration with residents that: • Capitalizes on genuine community interest; • Uses technology to address barriers to participation; • Offers consistent, predictable interactions that build trust over time; • Acknowledges differences and identifies gaps in participation; and • Encourages new pathways for participation and increases engagement. Among other reasons, staff also recommends PublicInput because it supports equitable access in the decision-making process. Specifically, PublicInput provides: • Compliant engagement that supports transparent public decision making; • Increased incidences of representative input beyond the “usual voices”; • A consistent, accessible, and predictable resident experience; and • Increased ability to turn engagement data into defensible decisions. The complete proposal received from PublicInput is provided as Attachment 2 to this item. Page 411 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda P a g e | 4 The negotiated fee schedule for the term of the agreement, including extensions, is provided in Table 1 below. Table 1 – Compensation Summary Contract Year Period Start Period End Amount Initial Term 1 8/8/2023 6/30/2024 $ 40,290 2 7/1/2024 6/30/2025 $ 43,953 3 7/1/2025 6/30/2026 $ 43,953 Initial Term Subtotal $ 128,196 Optional Years 4 7/1/2026 6/30/2027 $ 48,348 5 7/1/2027 6/30/2028 $ 53,183 Optional Years Subtotal $ 101,531 Grand Total Including Optional Extensions $ 229,727 American Rescue Plan Act of 2021 (“ARPA”) Revenue Recovery funds have been programmed for this purpose through the initial term of the agreement. If the optional one-year extensions are exercised, funding will be identified in future years as part of the regular budget development process. The proposed agreement, inclusive of the Terms and Conditions, conforms with the City’s Privacy Protection and Technology Transparency Policy. 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 Councilmember, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Current-year contract costs will be prorated for the period August 8, 2023 through June 30, 2024, with a current-year fiscal impact of $40,290. ARPA Revenue Recovery funds have been programmed and appropriated for this purpose in the current fiscal year. There is no current-year fiscal impact to the General Fund as result of this action. ONGOING FISCAL IMPACT Compensation for the initial term of the contract totals $128,196 and will be funded using ARPA Revenue Recovery funds. If the two optional one-year extensions are exercised, up to an additional $101,531 will be expended. Funding for exercised optional extensions will be identified and appropriated as part of the regular budget development process. Page 412 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda P a g e | 5 ATTACHMENTS 1. PublicInput Annual Service Agreement 2. PublicInput Response to RFP P09-2023 Staff Contact: Tiffany Allen, Assistant City Manager Page 413 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SERVICE AGREEMENT BETWEEN THE CITY AND CITYZEN SOLUTIONS, INC. DBA PUBLICINPUT WHEREAS, the City of Chula Vista prioritizes public engagement in all aspects of City operations; and WHEREAS, in support of expanding and enhancing public participation, staff is recommending the implementation of an online public engagement platform that will centralize and encourage public participation in City projects, programs, and initiatives; and WHEREAS, on January 5, 2023, the City issued a request for proposals (RFP P09-2023), seeking competitive proposals from software providers for an online software as service public engagement platform; and WHEREAS, the City received twelve (12) responses to solicitation P09-2023; and WHEREAS, proposals were ranked, and the top four (4) respondents were invited to provide a presentation and demonstrate their software to a selection committee; and WHEREAS, the selection committee evaluated the proposals, including the software demonstrations, and recommends entering into an agreement with Cityzen Solution, Inc., doing business as PublicInput (“PublicInput”); and WHEREAS, the proposed agreement will have an initial term of August 8, 2023 through June 30, 2026, with two optional one-year extensions; and WHEREAS, the fee for service for the initial term will be $43,953 annually, prorated to $40,290 for the current fiscal year; and WHEREAS, if exercised, the first one-year extension would have a cost of $48,348 and the second one-year extension would have a cost of $53,183; and WHEREAS, the initial term of the agreement through June 30, 2026 will be funded using previously appropriated and programmed American Rescue Plan Act of 2021 (“ARPA”) Revenue Recovery funds and funds for the optional extensions will be identified as part of a future budget development process, if exercised; and WHEREAS, the proposed agreement confirms with the City’s Privacy Protection and Technology Transparency Policy; and Page 414 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Resolution No. Page 2 WHEREAS, 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the Services Agreement, between the City and PublicInput, in the form presented, with such minor modifications as ma y 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 City Manager to execute same. Presented by Approved as to form by Tiffany Allen Jill D.S. Maland Assistant City Manager Lounsbery Ferguson Altona & Peak Acting City Attorney Page 415 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda ANNUAL SERVICE AGREEMENT Customer: Customer Contact: Tiffany Allen Created Date: 7/11/2023 Contact Email: tallen@chulavistaca.gov Currency: USD Billing Contact: Tiffany Allen Service Term Start Date: 8/8/2023 Billing Email tallen@chulavistaca.gov Service Term End Date: 6/30/2026 PO# Departments: Enterprise Billing Address: 276 4th Avenue, Chula Vista, California 91910 Service Order Form Recurring Services Qty Annual Fees Engage Plus Platform (Exhibit A) 1 $43,953 Authorized Users 25 Included Equity Mapping 1 Included Text Message Credits 24,000 Included FISCAL YEAR 2024 PRORATED SERVICE TERM FEE $40,290 FISCAL YEAR 2025 - 2026 ANNUAL SERVICE TERM FEE $43,953 FISCAL YEAR 2027 OPTION RENEWAL SERVICE TERM FEE $48,348 FISCAL YEAR 2028 OPTION RENEWAL SERVICE TERM FEE $53,183 Page 416 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Invoice Date: Upon signed acceptance of this service agreement or annual renewal date: July1 Payment Terms: Net 30 Additional Notes: ⚫Additional incremental annual subscription fees shall apply if Customer requests additional units or services during the Service Term period. ⚫Prices shown above do not include any taxes that may apply. Any such taxes are the responsibility of Customer. This is not an invoice. ⚫Remittance Advice & Billing Inquiries: accounting@publicinput.com ⚫The Service Term shall be the period starting from the Service Term Start Date through the Service Term End Date. This Service Agreement, and any subsequent Service Agreement executed by PublicInput and the Customer named below, and including the Terms of Service attached hereto as Exhibit B and all terms referenced herein and therein and all attachments, exhibits and addenda hereto, govern Customer’s purchase of the Services (collectively, the ‘’Agreement”) and by executing this Service Agreement, Customer agrees to each of the foregoing. Th is Service Agreement is effective as of the last date of signature by both PublicInput and Customer as set forth below (the ‘’Effective Date”). 1. The pricing offered in this Service Agreement is valid 60 days from Created Date. 2.The parties hereby acknowledge and agree that Customer is a local public entity of the State of California subject to the Brown Act, California Government Code Sections 54950 et seq. Public Records Act, California Government Code Sections 6250 et seq. 3.Compliance with Laws. In its performance of the Services, PublicInput shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. 4.Required Insurance. PublicInput must procure and maintain, during the period of performance of the Services under this Agreement, and for twelve months after completion of the Services, the policies of insurance described on the attached Exhibit C, incorporated into the Agreement by this reference. 5.Independent of whether PublicInput is required to file a Form 700, PublicInput warrants and represents that it has disclosed to Customer any economic interests held by PublicInput or its employees or subcontractors who will be performing the support services. PublicInput 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 PublicInput, to solicit or secure this Agreement. Further, PublicInput warrants and represents that it has not paid or agreed Page 417 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda to pay any company or person, other than a bona fide employee or approved subcontractor working solely for PublicInput, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or result ing from the award or making of this Agreement. PublicInput further warrants and represents that no officer or employee of C ustomer, has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of PublicInput or PublicInput’s subcontractors. PublicInput further agrees to notify Customer 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 an y of these warranties, Customer shall have the right to rescind this Agreement without liability. 6.Administrative Claims Requirements and Procedures . No suit or arbitration shall be brought arising out of this Agreement against Customer unless a claim has first been presented in writing and filed with Customer and acted upon by Customer 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 Customer in the implementation of same, are incorporated herein by this reference. Upon request by Customer, PublicInput shall meet and confer in good faith with Customer for the purpose of resolving any dispute over the terms of this Agreement. 7.Record Retention. During the course of the Agreement and for three (3) year s following completion of the Services, PublicInput agrees to maintain, intact and readily accessible, all data, documents, reports, records, contr acts, and supporting materials relating to the performance of the Agreement, including accounting for co sts and expenses charged to Customer, including such records in the possession of sub -contractors/sub-consultants. 8. PublicInput is and shall at all times remain as to Customer a wholly independent contractor. Neither Customer nor any of its officers, employees, agents or volunteers shall have control over the conduct of PublicInput or any of PublicInput’s officers, employees, or agents (“PublicInput Related Individuals”), except as set forth in this Agreement. No PublicInput Related Individuals shall be deemed employees of C ustomer, and none of them shall be entitled to any benefits to which C ustomer employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, C ustomer will not withhold state or federal income tax, social security tax or any other payroll tax with respect to any PublicInput Related Individuals; instead, PublicInput shall be solely responsible for the payment of same and shall hold the C ustomer harmless with respect to same. PublicInput shall not at any time or in any manner represent that it or any of its PublicInput Related Individuals are employees or agents of Customer. PublicInput shall not incur or have the power to incur any debt, obligation or liability whatsoever against Customer, or bind Customer in any manner. Page 418 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda This Service Agreement is accepted and agreed to by: Cityzen Solutions, Inc. dba PublicInput Signature: _________________ Name: Kevin Fowler Title: VP of Operations & Finance Date: Customer: Signature: Name: Maria V. Kachadoorian Title: City Manager Date: Page 419 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda CHULA VISTA, CALIFORNIA Everything in ENGAGE, and: ✓API integrations for disconnected engagement, meetings, and communications solutions with a central system of record. ✓Optimize investments for complex teams managing ongoing resident interactions. ✓Show statistically representative participation across hard-to-reach audiences and leverage AI-enhanced sentiment analysis to automate much of the analysis process. ✓Public meetings hub, livestreaming, and speaker queue management. Highlighted features include: ●ESRI ArcGIS integrations to overlay custom layers in Equity Mapping and reporting ●Last Mile language translation and web page form editor ●Real-time and multi-lingual closed captions ●EPA EJScreen segments in CRM ●Automated demographic segmenting ●Text message outbound campaigns ●Custom CRM fields and activities MORE THAN A USERNAME OR PASSWORD, WE ARE IN THIS TOGETHER. SUCCESS With a dedicated Success Manager and a team of implementation and support specialists, the City of Chula Vista has access to go-to contacts for ongoing training and learning to make the most of the platform. ONBOARDING & IMPLEMENTATION After working with your dedicated implementation specialist to ensure past work is not wasted, staff and consultants will learn platform features and best practices through comprehensive training and on-demand sessions. SUPPORT Real-time chat support is available during 9am-6pm, and after hours help desk access can be requested when important public meetings are on the calendar. $43,953 | Year EXHIBIT A Page 420 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda SUBMITTED FEBRUARY 2, 2023 PRICING FOR RFP READY TO PLAN YOUR FIRST INITIATIVE? Contact Alex Barrett at Alex.Barrett@publicinput.com PUBLIC ENGAGEMENT SOFTWARE DESIGNED BY PUBLIC SERVANTS FOR PUBLIC SERVANTS. OUR MISSION PublicInput’s mission is to create a more collaborative democracy. We do this by focusing on access to participation, benchmarking equity and representation, and streamlining workflows for local governments. Because trust is based in confidence, and now more than ever the public demand to know how and why decisions are being made. PublicInput is here to help. WE’RE PROUD TO PARTNER WITH HUNDREDS OF LOCAL GOVERNMENTS ACROSS THE U.S. INCLUDING: EXHIBIT A Page 421 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 60297.00068\41501332.1 Terms & Conditions Updated 05/04/2023 THESE TERMS AND CONDITIONS GOVERN YOUR USE AND ACCESS TO THE SERVICES PURCHASED BY YOU UNDER AN APPLICABLE SERVICE AGREEMENT AND TOGETHER WITH EACH EXECUTED SERVICE AGREEMENT CONSTITUTE THE AGREEMENT. BY ACCEPTING THESE TERMS AND CONDITIONS (THE AGREEMENT), BY EXECUTING A SERVICE AGREEMENT THAT REFERENCES THIS AGREEMENT, THE CUSTOMER (“Customer”) AGREES TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT, IN WHICH CASE THE TERM “CUSTOMER” SHALL REFER TO SUCH ENTITY. IF THE CUSTOMER DOES NOT HAVE SUCH AUTHORITY, OR IF THE CUSTOMER DOES NOT AGREE WITH THIS AGREEMENT, THE CUSTOMER MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES. This Agreement is effective between the Customer and Cityzen Solutions, Inc (dba PublicInput) as of the earlier of the date both the Customer and Cityzen Solutions, Inc. (“Provider”) executed the Service Agreement referencing these Terms and Conditions or the date the Customer signed your acceptance (“Effective Date”) and may be amended only as set forth herein. These Terms of Services were last updated on May 4,2023. 1. Definitions. (a) “Aggregated Statistics” means data and information related to Customer’s use of the Services that is used by Provider in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Services. (b) “Authorized User” means Customer’s employees, consultants, contractors, and agents (i) who are authorized by Customer to access and use the Services under the rights granted to Customer pursuant to this Agreement and (ii) for whom access to the Services has been purchased hereunder. (c) “Customer Data” means, other than Aggregated Statistics, information, data, and other content, including personally identifiable information, in any form or medium, that is submitted, posted, or otherwise transmitted by or on behalf of Customer or an Authorized User through the Services. (d) “Documentation” means Provider’s user manuals, handbooks, and guides relating to the Services provided by Provider to Customer available at www.publicinput.com/training and www.support.publicinput.com/en. (e) “Provider IP” means the Services, the Documentation, and any and all intellectual property provided to Customer or any Authorized User in connection with the foregoing. For the avoidance of doubt, Provider IP includes Aggregated Statistics and any information, data, or other content derived from Provider’s monitoring of Customer’s access to or use of the Services, but does not include Customer Data. (f) “Services” means the software-as-a-service offering described in the Annual Service Agreement. Any additional tasks outside of the software-as-a-service offering, including but not limited to website development or consulting, are not included in the Services. EXHIBIT B Page 422 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 60297.00068\41501332.1 (g) “Fees” means the Service Term Fee listed in the Annual Service Agreement. 2. Access and Use. (a) Provision of Access. Subject to and conditioned on Customer’s payment of Fees and compliance with all other terms and conditions of this Agreement, Provider hereby grants Customer a non-exclusive, non-transferable (except in compliance with Section 12(g)) right to access and use the Services during the Term, solely for use by Authorized Users in accordance with the terms and conditions herein. Such use is limited to Customer’s internal use. Provider shall provide to Customer the necessary passwords and network links or connections to allow Customer to access the Services. The total number of Authorized Users will not exceed the number set forth in the Annual Service Agreement, except as expressly agreed to in writing by the Parties and subject to any appropriate adjustment of the Fees payable hereunder. (b) Documentation License. Subject to the terms and conditions contained in this Agreement, Provider hereby grants to Customer a non-exclusive, non-sublicensable, non-transferable (except in compliance with Section 12(g)) license to use the Documentation during the Term solely for Customer’s internal business purposes in connection with its use of the Services. (c) Use Restrictions. Customer shall not use the Services for any purposes beyond the scope of the access granted in this Agreement. Customer shall not at any time, directly and shall not knowingly permit any Authorized Users to: (i) copy, modify, or create derivative works of the Services or Documentation, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services or Documentation; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part; (iv) remove any proprietary notices from the Services or Documentation; or (v) use the Services or Documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law. Without limiting the generality of the foregoing, Customer shall not, except as this Agreement expressly permits: (i) host content, surveys, communications, or data on behalf of another organization or public agency that is not explicitly licensed to use the Services, unless related to Customer’s internal business; (ii) share or permit any authorized administrative user to share any access credentials with any person other than an authorized administrative user. For additional clarity regarding this Section 2(c), frequently asked questions about agency licenses are provided at https://blog.publicinput.com/agency- license-sharing. (d) Reservation of Rights. Provider reserves all rights not expressly granted to Customer in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to Customer or any third party any intellectual property rights or other right, title, or interest in or to the Provider IP. (e) Suspension. Notwithstanding anything to the contrary in this Agreement, Provider may temporarily suspend Customer’s and any Authorized User’s access to any portion or all of the Services if: (i) Provider reasonably determines that (A) there is a threat or attack on any of the Provider IP; (B) Customer’s or any Authorized User’s use of the Provider IP disrupts or poses a security risk to the Provider IP or to any other customer or vendor of Provider; (C) Customer, EXHIBIT B Page 423 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 60297.00068\41501332.1 or any Authorized User, is using the Provider IP for fraudulent or illegal activities; (D) subject to applicable law, Customer has ceased to continue its business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding; or (E) Provider’s provision of the Services to Customer or any Authorized User is prohibited by applicable law; (ii) any vendor of Provider has suspended or terminated Provider’s access to or use of any third-party services or products required to enable Customer to access the Services; or (iii) in accordance with Section 5(a)(iii) (any such suspension described in subclause (i), (ii), or (iii), a “Service Suspension”). Provider agrees that the scope of any suspension pursuant to this section shall be narrowly tailored to the extent reasonably necessary to protect Provider against any threats to Provider’s IP, security risks or any fraudulent activities, or to the extent reasonably necessary to comply with applicable laws. Provider shall resume services immediately upon resolution of any such threats or compliance issues. Provider shall provide prompt written notice, but no less than fifteen days (15) notice, of any Service Suspension to Customer and to provide updates regarding resumption of access to the Services following any Service Suspension. Provider shall use commercially reasonable efforts to resume providing access to the Services as soon as reasonably possible after the event giving rise to the Service Suspension is cured. (f) Aggregated Statistics. Notwithstanding anything to the contrary in this Agreement, Provider may monitor Customer’s use of the Services and collect and compile Aggregated Statistics. As between Provider and Customer, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by Provider. Customer acknowledges that Provider may compile Aggregated Statistics based on Customer Data input into the Services. Provider shall not use, license or disclose any personally identifiable information collected in the course of the performance of this Agreement for any purpose, other than has provided in this Agreement without Customer’s written consent. Provider shall not sell any personally identifiable information collected in the course of the performance of this Agreement. 3. Customer Responsibilities. (a) General. Without limiting the generality of the foregoing, Customer is responsible for all negligence and willful misconduct of Authorized Users. Customer shall use reasonable efforts to make all Authorized Users aware of this Agreement’s provisions as applicable to such Authorized User’s use of the Services, and shall instruct Authorized Users to comply with such provisions. 4. Support. The access rights granted hereunder entitle Customer to the support services described on Exhibit A for one year following the Effective Date under this Agreement and thereafter, solely if Customer purchases additional support services. 5. Fees and Payment. (a) Fees. Customer shall pay Provider the Service Term Fee for the Service Term as set forth in the Annual Service Agreement. Service Term Fee is due thirty days (Net 30) from receipt of invoice. For purposes of this Agreement, the Services Term Fee shall be referred to as the “Fees.” Customer shall make all payments hereunder in US dollars on or before the Annual Payment Date set forth in the Annual Service Agreement. If Customer fails to make any EXHIBIT B Page 424 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 60297.00068\41501332.1 payment when due, without limiting Provider’s other rights and remedies and if such failure continues for thirty (30) days or more, Provider may suspend Customer’s and its Authorized Users’ access to any portion or all of the Services until such amounts are paid in full. Provider reserves the right to increase its Fees at the end of the Service Term. (b) Taxes. All Fees and other amounts payable by Customer under this Agreement are exclusive of taxes and similar assessments. Customer is responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on any amounts payable by Customer hereunder, other than any taxes imposed on Provider’s income. 6. Confidential Information. From time to time during the Term, either Party may disclose or make available to the other Party information about its business affairs, products, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information, whether orally or in written, electronic, or other form or media/in written or electronic form or media, and whether or not marked, designated, or otherwise identified as “confidential” (collectively, “Confidential Information“). Confidential Information does not include information that, at the time of disclosure is: (a) in the public domain; (b) known to the receiving Party at the time of disclosure; (c) rightfully obtained by the receiving Party on a non-confidential basis from a third party; or (d) independently developed by the receiving Party. The receiving Party shall not disclose the disclosing Party’s Confidential Information to any person or entity, except to the receiving Party’s employees who have a need to know the Confidential Information for the receiving Party to exercise its rights or perform its obligations hereunder. Notwithstanding the foregoing, each Party may disclose Confidential Information to the limited extent required: (i) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law including the California Public Records Act, provided that the Party making the disclosure pursuant to the order shall first have given written notice to the other Party and provide the objecting party a reasonable opportunity to obtain a protective order. On the expiration or termination of the Agreement, the receiving Party shall promptly return to the disclosing Party all copies, whether in written, electronic, or other form or media, of the disclosing Party’s Confidential Information, or destroy all such copies and certify in writing to the disclosing Party that such Confidential Information has been destroyed. Each Party’s obligations of non-disclosure with regard to Confidential Information are effective as of the Effective Date and will expire five years from the date first disclosed to the receiving Party; provided, however, with respect to any Confidential Information that constitutes a trade secret (as determined under applicable law) and personally identifiable information, such obligations of non-disclosure will survive the termination or expiration of this Agreement for as long as such Confidential Information remains subject to trade secret protection under applicable law. 7. Intellectual Property Ownership; Feedback. (a) Provider IP. Customer acknowledges that, as between Customer and Provider, Provider owns all right, title, and interest, including all intellectual property rights, in and to the Provider IP. (b) Customer Data. Provider acknowledges that, as between Provider and Customer, Customer owns all right, title, and interest, including all intellectual property rights, in and to the EXHIBIT B Page 425 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 60297.00068\41501332.1 Customer Data. Customer hereby grants to Provider a non-exclusive, royalty-free, license to reproduce, distribute, and otherwise use and display the Customer Data and perform all acts with respect to the Customer Data solely for the purpose of and only to the extent necessary for providing the Services to Customer. (c) Feedback. If Customer or any of its employees or contractors sends or transmits any communications or materials to Provider by mail, email, telephone, or otherwise, suggesting or recommending changes to the Provider IP, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback“), Provider is free to use such Feedback irrespective of any other obligation or limitation between the Parties governing such Feedback. 8. Warranty Disclaimer. (a) THE PROVIDER IP IS PROVIDED “AS IS” AND PROVIDER HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. PROVIDER SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. PROVIDER MAKES NO WARRANTY OF ANY KIND THAT THE PROVIDER IP, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER’S OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. 9. Indemnification. (a) Provider Indemnification. (i) Provider shall indemnify, defend, and hold harmless Customer from and against any and all losses, damages, liabilities, costs (“Losses“) incurred by Customer resulting from any third-party claim, suit, action, or proceeding (“Third-Party Claim“) that (i) the Services, or any use of the Services in accordance with this Agreement, infringes or misappropriates such third party’s intellectual property rights; or (ii) Provider’s breach of its obligations under this Agreement; or (iii) Provider’s violation of any applicable laws, including Americans with Disabilities Act of 1990. Customer shall promptly notify Provider in writing of such Third-Party Claim, cooperate with Provider, and allow Provider sole authority to control the defense and settlement of such Third-Party Claim. Any such settlement, compromise or resolution Provider enters into arising as a result of the Third- Party Claims will not include any admission of wrongdoing by Customer (ii) If a Third-Party Claim is made or appears possible, Customer agrees to permit Provider, at Provider’s sole discretion, to: (A) modify or replace the Services, or component or part thereof, to make it non-infringing; or (B) obtain the right for Customer to continue use. If Provider determines that neither alternative is reasonably available, Provider may terminate this Agreement, in its entirety or with respect to the affected component or part, effective immediately on written notice to Customer. In the event of termination of this Agreement pursuant to this Section 9(a)(ii), Customer shall be entitled to a pro-rata refund of prepaid Fees. EXHIBIT B Page 426 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 60297.00068\41501332.1 (iii) This Section 9(a) will not apply to the extent that the alleged infringement arises from: (A) use of the Services in combination with data, software, hardware, equipment, or technology not provided by Provider or authorized by Provider in writing; (B) modifications to the Services not made by or authorized by Provider; or (C) Customer Data. (b) Customer Indemnification. Customer shall indemnify, hold harmless, and, at Provider’s option, defend Provider from and against any Losses resulting from any Third-Party Claim that the Customer Data, or any use of the Customer Data in accordance with this Agreement, infringes or misappropriates such third party’s intellectual property rights, and any Third- Party Claims based on Customer’s or any Authorized User’s: (i) use of the Services in violation of this Agreement; (ii) use of the Services in combination with data, software, hardware, equipment, or technology not provided by Provider or authorized by Provider in writing; or (iv) modifications to the Services not made by or authorized by Provider. Provider shall promptly notify Customer in writing of such Third-Party Claim, cooperate with Customer, and allow Customer sole authority to control the defense and settlement of such Third-Party Claim. Any such settlement, compromise or resolution Customer enters into arising as a result of the Third-Party Claims will not include any admission of wrongdoing by Provider. (c) Sole Remedy. THIS SECTION 9 SETS FORTH CUSTOMER’S SOLE REMEDIES AND PROVIDER’S SOLE LIABILITY AND OBLIGATION FOR ANY ACTUAL, THREATENED, OR ALLEGED CLAIMS THAT THE SERVICES INFRINGE, MISAPPROPRIATE, OR OTHERWISE VIOLATE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. IN NO EVENT WILL PROVIDER’S LIABILITY UNDER THIS SECTION 9 EXCEED $1,000,000. 10. Limitations of Liability. IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; ; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER PROVIDER WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL PROVIDER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED $1,000,000. 11. Term and Termination. (a) Term. This Agreement shall begin as of the date Customer signed the Annual Service Agreement (the “Effective Date”) hereof and, unless otherwise terminated pursuant to this Agreement’s express provisions, continue through the Service Term as described in the Annual Service Agreement (the “Initial Term”). The Service Term shall be referred to as a “Term.” (b) Termination. In addition to any other express termination right set forth in this Agreement: (i) Provider may terminate this Agreement, effective on written notice to Customer, if Customer: (A) fails to pay any amount when due hereunder, and such failure continues EXHIBIT B Page 427 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 60297.00068\41501332.1 more than sixty (60) days after Provider’s delivery of written notice thereof; or (B) breaches any of its obligations under Section 2(c) or Section 6; (ii) either Party may terminate this Agreement, effective on written notice to the other Party, if the other Party materially breaches this Agreement, and such breach: (A) is incapable of cure, including a breach of the Confidentiality provisions of Section 6 of the Agreement; or (B) being capable of cure, remains uncured thirty (30) days after the non- breaching Party provides the breaching Party with written notice of such breach; or (iii) either Party may terminate this Agreement, effective immediately upon written notice to the other Party, if the other Party: (A) becomes insolvent or is generally unable to pay, or fails to pay, its debts as they become due; (B) files or has filed against it, a petition for voluntary or involuntary bankruptcy or otherwise becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law; (C) makes or seeks to make a general assignment for the benefit of its creditors; or (D) applies for or has appointed a receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business. (c) Effect of Expiration or Termination. Upon expiration or earlier termination of this Agreement, Customer shall immediately discontinue use of the Provider IP and, without limiting Customer’s obligations under Section 6, Customer shall delete, destroy, or return all copies of the Provider IP and certify in writing to the Provider that the Provider IP has been deleted or destroyed. Except as otherwise provided in this Agreement, no expiration or termination will affect Customer’s obligation to pay all Fees for Services rendered until the expiration or termination, or entitle Customer to any refund. (d) Survival. This Section 11(d) and 1, 5, 6, 7, 8(b), 9, 10, and 12 survive any termination or expiration of this Agreement. No other provisions of this Agreement survive the expiration or earlier termination of this Agreement. 12. Miscellaneous. (a) Entire Agreement. This Agreement, together with any other documents incorporated herein by reference and all related Exhibits, constitutes the sole and entire agreement of the Parties with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, with respect to such subject matter. In the event of any inconsistency between the statements made in the body of this Agreement, the related Exhibits, and any other documents incorporated herein by reference, the following order of precedence governs: (i) first, this Agreement, excluding its Exhibits; (ii) second, the Exhibits to this Agreement as of the Effective Date; and (iii) third, any other documents incorporated herein by reference. (b) Notices. All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a “Notice“) must be in writing and addressed to the Parties at the addresses set forth on the first page of this Agreement (or to such other address that may be designated by the Party giving Notice from time to time in accordance with this Section). All Notices must be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile or email (with confirmation of transmission), or EXHIBIT B Page 428 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 60297.00068\41501332.1 certified or registered mail (in each case, return receipt requested, postage pre-paid). Except as otherwise provided in this Agreement, a Notice is effective only: (i) upon receipt by the receiving Party; and (ii) if the Party giving the Notice has complied with the requirements of this Section. (c) Force Majeure. In no event shall either Party be liable to the other Party, or be deemed to have breached this Agreement, for any failure or delay in performing its obligations under this Agreement, if and to the extent such failure or delay is caused by any circumstances beyond either Party’s reasonable control, including but not limited to acts of God, flood, fire, earthquake, OTHER POTENTIAL DISASTER(S) OR CATASTROPHE(S), SUCH AS EPIDEMICS, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including imposing an embargo. (d) Amendment and Modification; Waiver. No amendment to or modification of this Agreement is effective unless it is in writing and signed by an authorized representative of each Party. No waiver by any Party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement will operate or be construed as a waiver thereof, and (ii) no single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege. (e) Severability. If any provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the Parties shall negotiate in good faith to modify this Agreement so as to effect their original intent as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible. (f) Governing Law; Submission to Jurisdiction. This Agreement is governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of California Any legal suit, action, or proceeding arising out of or related to this Agreement or the licenses granted hereunder will be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the County of San Diego, and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. (g) Assignment. Neither party may assign any of its rights or delegate any of its obligations hereunder, in each case whether voluntarily, involuntarily, by operation of law or otherwise, without the prior written consent of the other, which consent shall not be unreasonably withheld, conditioned, or delayed. Any purported assignment or delegation in violation of this Section will be null and void. No assignment or delegation will relieve the assigning or delegating Party of any of its obligations hereunder. This Agreement is binding upon and inures to the benefit of the Parties and their respective permitted successors and assigns. EXHIBIT B Page 429 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 60297.00068\41501332.1 (h) Export Regulation. Customer shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), that prohibit or restrict the export or re-export of the Services or any Customer Data outside the US. (i) US Government Rights. Each of the Documentation and the software components that constitute the Services is a “commercial product” as that term is defined at 48 C.F.R. § 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. § 12.212. Accordingly, if Customer is an agency of the US Government or any contractor therefor, Customer only receives those rights with respect to the Services and Documentation as are granted to all other end users, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other US Government users and their contractors. (j) Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 or, in the case of Customer, Section 2(c), would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise. (k) Counterparts. This Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement. EXHIBIT B Page 430 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 431 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 60297.00068\41501332.1 EXHIBIT A SERVICE LEVELS AND SUPPORT Standard Customer Support Contract Terms Dated: 10/14/22 PublicInput will provide onboarding and implementation services, as well as ongoing support and maintenance as reasonably requested by Customer. Support services related to bug reports or material defects, defined as a malfunction which causes failure of a critical feature or issues with platform performance, will be prioritized, and time associated with fixing any bugs or material defects will be included in the Annual Service Term Fee. Requests for modifications, not considered to be related to a bug or material defect, will be scheduled based on the nature of the request, resource availability, and is subject to pricing stated below. Custom Development, defined as product updates that do not currently exist in their exact form, will be delivered at PublicInput discretion. If approved, Custom Development will be scheduled based on resource availability and charged at the hourly rates set forth in this Agreement. Standard Customer Support Includes: 1. Periodic virtual user training 2. Access to PublicInput API and API Documentation 3. Customer support via phone, email, chat, ticketing system 4. Hosting and backup services 5. Data access for purpose of analytics 6. Platform data extraction availability at all times: platform data will be available to extract provided the customer gives at least 24 hours’ notice (weekends excluded) Optional Service Offerings & Fees 1. Data Imports – Custom (Fee variation based on scope and complexity) 2. Programming Services – $500/hour (Includes customized development work; Minimum 20 hours) 3. CS Professional Services – $250/hour (Data research, clean up, special projects or other services; Minimum 8 hours) EXHIBIT B Page 432 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 433 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 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 INSURANCE REQUIREMENTS EXHIBIT C Page 434 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda ONLINE ENGAGEMENT PUBLIC PLATFORM RFP P09-2023 Proposal Submission: RFP No. P09-2023 February 2, 2023 Page 435 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 2 | RFP NO. 22-CMO-RFP-586 PUBLICINPUT.COM We are pleased to present this proposal outlining PublicInput’s enterprise software platform, support, training and our team’s collective planning experience. Together with the City of Chula Vista, we can help foster increased participation and intuitively engage residents in an accessible manner from every background, in every language, and every corner of the community to collaboratively plan the city’s future, purposefully advance hundreds of projects and measurably improve the quality of life for residents of Chula Vista. “Public Engagement” is often defined as a transactional process with a beginning and end-date, accompanied by a printed report, and scoped as within a survey, or an in-person meeting. However, that’s not how we see it. Engaging the public requires a wide range of formats to reach diverse audiences and achieve representative participation, without limitations based on background, work schedule, or even access to the internet. We know that when done well, successful engagement results in the public’s ownership of outcomes, reflection of community values, efficient project delivery, and agency credibility. Traditionally though, budgets and timelines for projects force concessions in the engagement process, so we have made it our mission to ensure every resident has the ability to contribute to every project through any means by which they are able, no matter the size or budget. PublicInput is constantly evolving to facilitate this unified approach as an enterprise software-as-a-service (SaaS) solution focused on gathering robust data, measuring representation, and growing close relationships. Thank you for the opportunity to outline our platform’s capabilities and consideration for this contract. Sincerely, GRAHAM STONE Vice President of Government Relationships Citizen Solutions, Inc. DBA PublicInput.com graham@publicinput.com | 704.607.3441 VICTOR DE LA CRUZ Procurement Services Agent City of Chula Vista Purchasing Division RE: RFP NO. 22-CMO-RFP-586 Page 436 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 3 | RFP NO. 22-CMO-RFP-586 PUBLICINPUT.COM TABLE OF CONTENTS PROJECT NARRATIVE ................................ 1 QUALIFICATIONS ................................... 28 REFERENCES ...................................... 33 FEE PROPOSAL .................................... 38 Page 437 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda PROJECT NARRATIVE Page 438 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 1 | RFP NO. 22-CMO-RFP-586 PUBLICINPUT.COM WHO IS PUBLICINPUT? ABOUT PUBLICINPUT PublicInput is a Software-as-a-Service (Saas) solution designed to manage every phase of the public engagement process. Based in Raleigh, NC the company was co-founded by Jay Dawkins and Graham Stone, who wanted to create a better civic engagement process after experiencing first hand the shortcomings of existing engagement solutions. With a shared background in municipal planning, Jay and Graham believe that public input is integral to building healthy, happy communities, and that public agencies make the best decisions when they understand the people they serve. OUR PHILOSOPHY The United States has some of the most spread out communities on earth. Elected officials and government staff in these amazing communities are tasked with engaging residents on all types of issues. Accessibility, equity, the environment– every issue requires ongoing dialogue and plentiful opportunities for participation. They also require a clear understanding and solid foundation of mutual trust and respect. The City of Chula Vista has over 275,000 residents. Our goal is to help you reach a broad and representative audience of these residents to make informed decisions for your community. OUR APPROACH Digital tools are critical to achieving equitable engagement. Many engagement solutions only address small parts of the engagement process, offering a piecemeal approach that relies on third-party partnerships to fill in the gaps. PublicInput’s unified approach, blends traditional and virtual engagement tactics via one integrated platform. Reliable, equitable, and simple, our streamlined user interface gives you all the tools your staff or consultants need to create successful public engagement projects. LIVE POLLING Public Engagement Hub VIRTUAL PUBLIC MEETINGS VOICEMAIL HOTLINES WEBSITES & SURVEYS MEETING SIGN-IN KIOSKS INTEGRATED SOCIAL MEDIA SCANNABLE PAPER SURVEYS EMAIL COMMENTS TEXT MESSAGE SURVEYS Page 439 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 2 | RFP NO. 22-CMO-RFP-586 PUBLICINPUT.COM JAY DAWKINS CEO, Founder • Civil Engineering, North Carolina State University • Professional Engineer • 17 Years of Experience Jay is the founder and CEO of PublicInput. Jay has spent nearly a decade building PublicInput into the public engagement powerhouse it is today. On a day-to-day basis, Jay works closely with the Sales, Marketing, Customer Success, and Product teams, using his experience to guide decision-making and product development. GRAHAM STONE Vice President, Co-Founder • Economics and Business Administration, Appalachian State University • 20+ Years of Experience Graham is the co-founder of PublicInput and serves as Vice President of Sales, Marketing, and Customer Success. On a day-to-day basis, he applies his experience in consulting, planning, and engineering for state and local governments, researching and sharing best practices for public engagement and data-driven decision making. OUR LEADERSHIP COMPANY INFORMATION PublicInput DBA Cityzen Solutions, Inc. Address: 2409 Crabtree Blvd., Ste 107, Raleigh, NC 27604 Phone: 919-295-9051 Website: www.publicinput.com Page 440 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 3 | RFP NO. 22-CMO-RFP-586 PUBLICINPUT.COM OUR EXPERIENCE WITH LOCAL GOVERNMENTTRUSTED BY CITIES, TOWNS, AND COUNTIES IN OVER 38 STATES Page 441 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 4 | RFP NO. 22-CMO-RFP-586 PUBLICINPUT.COM PLATFORM FEATURES AS LISTED IN THE RFP Yes, PublicInput’s Platform fulfills this requirement No, PublicInput cannot fulfill this requirement Educational: A straightforward, intuitive platform to present information in multiple readable formats, including text, maps, charts, and lists. Customizable: A flexibile platform that will work across a variety of projects to solicit feedback in multiple ways. Visual: The tools must be visually appealing, with a design preference for simplicity over complexity. The platform should effectively present visual elements such as maps, layouts, and photos. Any stock photos on the platform that show people must represent the diversity of Chula Vista. Self-Guided: The development and management of the content and data generated by the platform must be usable in a non-facilitated online setting. Accessible: ADA-compliant and conforming to the Web Content Accessibility Guidelines 2.0, as applicable. Capable of Integration: Able to host or link documents, images, or other relevant content and able to be embedded on other webpages. Able to download data or content for use in documents, reports, presentations, etc. Compatible: Usable with a variety of web browsers and devices (tablets, smartphones, etc.) PUBLICINPUT FEATURES VS. CHULA VISTA RFP REQUIREMENTS Page 442 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 5 | RFP NO. 22-CMO-RFP-586 PUBLICINPUT.COM PLATFORM FEATURES AS LISTED IN THE RFP Yes, PublicInput’s Platform fulfills this requirement No, PublicInput cannot fulfill this requirement Civil: Allow the moderation of comments and the removal of inappropriate comments and messages. Social: Interface with social media platforms, including Instagram, Twitter, NextDoor, and Facebook, and support sharing on those platforms. Data-Smart: Collect data on participation or survey responses, as well as narrative input and geographic data (if mapping features are used) and provide this data through both native reports and data export. Mappable: Enable users to provide specific locational feedback. Integration with ArcGIS highly desireable. Engaging: Provide for two-way engagement and communication between the City and public. Verification: Employ methods to limit or identify spam comments and interactions by bots, focusing on input from legitimate individual users. Privacy: Employ a strong privacy policy and functionality to safeguard personal identifiable information. Multilingual: Bilingual (English/Spanish) or multilingual functionality is highly desirable. PUBLICINPUT FEATURES VS. CHULA VISTA RFP REQUIREMENTS PublicInput’s platform integrates with Twitter and Facebook and supports sharing on those platforms. Page 443 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 6 | RFP NO. 22-CMO-RFP-586 PUBLICINPUT.COM EDUCATIONAL, CUSTOMIZABLE, & VISUAL: THE ENGAGEMENT HUB The Engagement Hub is the heart of the PublicInput Platform. Purpose- built for government agencies, our platform is designed to be accessible, equitable, and efficient so that agencies can have more time to focus on creating successful engagement strategies. Our portal automatically aggregates and codes feedback from all channels– survey responses, There are two levels to the platform. One is the Public Engagement Hub, which is the front-facing website that hosts all your projects, surveys, meetings, and educational content for your community. The second is the back end or Administrative side of the portal, where you can: • Create content like projects, surveys, and meetings • Analyze or compare data with our reporting suite and equity mapping features • Use our integrated CRM to create target groups for engagement projects • Use the communication suite to build email, text, and social media campaigns Three important tenets of our platform are surveys, meetings, and comments. Public Surveys Surveys have long been a key part of public engagement. PublicInput’s survey toolkit goes beyond the standard survey experience. We offer a variety of survey types to help you collect detailed information and insights from your community. Instantly publish stepped surveys or quick poll formats online. All results are automatically synced into our built-in report and analysis tools. You can even build text message surveys. Specific question types include quick polls, budget allocations, mapping exercises, skip-logic functions, census-synced demographics, Title VI questions, and more than a dozen other data-gathering question formats. 1 Page 444 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 7 | RFP NO. 22-CMO-RFP-586 PUBLICINPUT.COM THE ENGAGEMENT HUB Public Comments One of the most time-consuming tasks in public engagement is recording and sorting through feedback. Public comments are received through dozens of feedback formats, and it can be a hassle to aggregate all this feedback into one cohesive database. The PublicInput system does all this work for you. Our platform aggregates comment sources, streamlines comment coding, and even offers response workflows. We are the industry’s most comprehensive management platform. We offer a variety of formats to collect comments from your community. This includes features like online comment forms, discussion forums, idea walls, voicemail hotlines, text message commenting, automated social media comment capture, and even custom project email addresses. Agencies can also manually upload comments from any sources outside of the PublicInput platform, like paper surveys from canvassing. Our automatic comment- tagging ensures that each comment is recorded and sorted by project and topic to support accurate reporting and ensure compliance with federal mandates such as NEPA. 3 Public Meetings Online meetings are a flexible, equitable, and safe way for residents to participate. Our Public | Meetings integration helps you provide more flexible engagement options for public meetings, hearings, councils, boards, and commissions. The PublicInput platform lets you schedule and host meetings, whether they are in- person, online, or a hybrid of the two. All public meetings can be posted to your Public Engagement Hub, with public calendars and an embeddable RSVP button. We can offer contactless sign-ins for in-person attendants, while all online attendance is automatically recorded and stored in the platform for reporting and reference purposes. Any comments made during a meeting, whether written or spoken, are also recorded and transcribed for documentation and reporting. Use features like live polling and presentation mode. Our platform also captures transcriptions and audio files of each meeting, making it easy to keep track of all relevant data. You can even share these files or video recordings of your meeting on your Public Engagement Hub so that those unable to attend can review the meeting on their own schedule. 2 Page 445 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 8 | RFP NO. 22-CMO-RFP-586 PUBLICINPUT.COM THE PUBLIC ENGAGEMENT HUB: WHAT RESIDENTS SEE CUSTOMIZABLE HEADER Agency name, logo, your mission statement, graphics: make it your own! STATISTICS Show your community that others are participating by highlighting data from your past engagement projects PROJECTS, SURVEYS, EVENTS One tab displays all current projects and surveys; the other displays a detailed calendar of upcoming events. Participants can RSVP to events by clicking on them. Add more tabs to further organize your information. SUBSCRIBE TO UPDATES The updates feature makes it quick and easy for participants to stay in the loop. PAST PROJECTS Highlight successful projects by keeping them available for viewing. Show survey results and allow current and past participants to see how public engagement played a part in shaping their community. SOCIAL FEED With the right PublicInput plan, you can sync your social media updates to your public engagement page. FEATURED PROJECTS Have a project that you want front and center? Add it to your featured projects to draw attention to it. Page 446 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 9 | RFP NO. 22-CMO-RFP-586 PUBLICINPUT.COM ADMIN PORTAL OVERVIEW: WHAT YOU SEE NAVIGATION BAR Easy navigation to major features, such as Meetings, Reporting, CRM, Social Media, Email & Text Campaigns, and Equity Mapping (if enabled). PROJECTS View and sort projects via department, tags, status, etc. Build project templates or use pre-made templates in PI’s Template Library. EVENTS & MEETINGS View all past and upcoming meetings; sort through meetings via keywords, tags, and more. SNAPSHOT View a quick review of your weekly engagement statistics (automatic), or use the drop down list to view statistics over a longer period of time. ADMIN PORTAL OVERVIEW PublicInput’s admin portal is designed for ease of use. We wanted an experience that minimized administrative tasks and duplicative work. The admin portal hosts all projects, pages, meetings, emails, reports, participant data, and text campaigns in one central location. The City will have their own administrative portal, but can share with other organizations as needed. Every aspect of your Public Engagement Hub is managed via this portal. With a pre-existing template library and the option to duplicate or reuse existing projects and questions for new surveys, the City will be able to use previous questions, surveys and projects as a foundation for new ones to streamline your workflow. Page 447 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 10 | RFP NO. 22-CMO-RFP-586 PUBLICINPUT.COM Building a project or survey in the Admin Portal is simple and intuitive. While you can use custom coding for a more curated look, our basic page builder helps you create projects, surveys, email campaigns, and meeting pages with just a few clicks of a button. No previous web design expertise is necessary; our drag and drop formatting and preview/draft options allow you to work on projects on the backend of the process before publishing your survey or campaign to the public. Use our drag and drop formatting to create an informative page for your project. Make it even easier by using template questions or copying an existing project to simplify the setup. BUILDING A PROJECT Page 448 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 11 | RFP NO. 22-CMO-RFP-586 PUBLICINPUT.COM Use preexisting projects as a foundation for new ones to minimize your workload or create a version of your project in a separate language. Use existing survey questions to simplify your survey-writing process. Your project overview page allows you to create and edit your public page and surveys, as well as monitor any other engagement options you’re using, like email, text, phone, social, and meetings. View, reply, or moderate comments, view any participants who have subscribed to your project, or review any reports or data related to your project. PROJECT PAGE EXAMPLES Page 449 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 12 | RFP NO. 22-CMO-RFP-586 PUBLICINPUT.COM A key part of creating engaging projects and collecting accurate, meaningful data is education and sharing information. The Public Engagement Hub allows you to structure projects and surveys in “steps,” letting participants learn about the project before participating in a survey, discussion board, or idea wall. Upload pdf files for download, embed videos and pictures, or get creative to “gamify” the education process by using survey questions to ask participants about the information you’ve provided as part of the survey. INFORM & SHARE Embed videos to help your community understand the who, what, when, where, and why of your projects Use idea boards or maps to allow community members to pinpoint areas of concern Use pictures to help inform residents of what areas might be affected by an upcoming project Go over project timelines and upload ongoing documentation for residents to review EXAMPLES OF ENGAGEMENT CONTENT Page 450 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 13 | RFP NO. 22-CMO-RFP-586 PUBLICINPUT.COM The Engagement Hub features 16 different data gathering tools to ensure the right format for feedback whether quantitative, qualitative, or interactive mapping is called for. The platform supports all industry standard survey question types (multiple choice, ranking, Likert, matrix, consensus, etc.) as well as interactive mapping tools to ensure geospatial reference for participants to better understand impacts and outcomes. All industry standard survey and geospatial formats are supported, and questions can be hosted on PublicInput sites as polls or complete engagement initiatives, or can be embedded in third party applications for increased visibility. PublicInput integrates with ArcGIS to provide locational feedback and tracks location of participants via IP address or voluntarily provided locations like zip codes. SURVEY EXAMPLES Use maps to allow participants to select specific areas of the community they are familiar with or wish to discuss Checkboxes, multiple choice, and a responsive progress bar to track selections Allow participants to drop pins and specify specific areas or items they want to focus on Participants can rate items by frequency, as well as on a scale of 1-10 SURVEYS Page 451 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 14 | RFP NO. 22-CMO-RFP-586 PUBLICINPUT.COM ONLINE MEETINGS Meeting Mode allows for multiple points of registration, including online registrations and RSVP’s to increase and anticipate attendance, sign-in kiosks for in-person registration, and QR code sign in options to reduce wait times in line. All registration syncs with a unique meeting instance for follow up communication and reporting in the dashboard. The Meetings & Offline tab on your Engagement Hub is where you can: • Create virtual, hybrid, or in-person meetings • Associate in-person meetings with a project • Create a kiosk for your project (for sign- ins and transportable survey recording) • Manually enter data (e.g., from paper surveys) • We provide public organizations more flexible engagement options for public meetings, public hearings, councils, boards, and commissions by allowing participation during virtual and hybrid meetings to transcribe in the same place as all other engagement. The City would be able to track attendance by embedding RSVP and public calendars and offering contactless sign-ins. We also record and transcribe online meetings; digital comments and spoken comments are automatically documented and are tracked in our online platform. Above: The meetings portal, where you can view overall meeting statistics, transcripts, recordings, and more. Above: Citizens can view meeting details on your public-facing engagement hub, RSVP, and even watch recordings of past meetings to stay informed. MEETINGS Page 452 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 15 | RFP NO. 22-CMO-RFP-586 PUBLICINPUT.COM Our system provides integrated access to WebEx, Zoom, and Microsoft Teams, as well as live streaming via certain social media platforms (optional). Create meetings quickly and easily; use templates or copy a previous meeting to streamline the process. Use the offline kiosk option to sign in attendees in person. When hosting meetings through the PublicInput portal, the system auto-generates a transcript of each meeting. MEETINGS Page 453 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 16 | RFP NO. 22-CMO-RFP-586 PUBLICINPUT.COM PARTICIPATION FOR ALL Demographics can present a number of challenges to online public engagement. Pew Research reports that up to 10% of Americans (33 million people) live without ready access to wifi. Some don’t have access to data on their phones, which leaves them with only SMS, text messaging, or phone calls to participate in online engagement. Even more don’t speak English as their first language, and experience a language barrier that prevents full participation. How do we make participation equitable and accessible for everyone? Voicemail Comments: You can add a hotline number to your project, and anyone who calls in will have their voicemail comments recorded and transcribed in the system. Mobile Optimization: Our project pages and engagement hubs are optimized for viewing on both regular screens (laptops, computers, tablets) and mobile screens. This means participants can easily answer survey questions via their smartphone. LastMile Translation: The City can use LastMile Translation functions and Smart Translation to automatically translate a project into a foreign language, provide editing access to a translator, and more. Smart Translation: Closed captioning in multiple languages provides language accessibility to non-English-speaking communities during meetings. SMS/Text Surveys: Offer text surveys that allow participants to answer questions without needing to access wifi. In-Person and Phone-In: Meetings can have an offline option for in-person attendees, and participants can also phone in to participate without needing access to a computer or wifi. WCAG 2.1 Compliant: PublicInput keeps up with standards of accessibility in the software development community and constantly strives to improve our accessibility features. WCAG compliance tests are compiled by the ADA. Use text/SMS surveys to reach people without access to smart phones or wifi. Mobile optimization allows participants to use their smart phones to answer surveys or view projects. ACCESSIBILITY & MULTILINGUAL CAPABILITIES Page 454 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 17 | RFP NO. 22-CMO-RFP-586 PUBLICINPUT.COM The PUBLICINPUT CRM is a living dashboard built into your engagement hub, and stores historical data over time and across projects. Designed to help governments move past data collection to actionable tactics, our CRM automatically synchronizes to develop a deeper understanding and segmentation after each interaction. There is no need for database expertise in the agency or any kind of export to excel for deeper analysis. With our built-in CRM, the City will be able to: EQUITY MAPPING PublicInput’s Equity Mapping tool demystifies the complex process of Environmental Justice (EJ) analysis by bringing demographic information right to your PublicInput dashboard. You can overlay mapping layers from the Environmental Protection Agency’s (EPA) EJSCREEN tool directly onto your participant maps in PublicInput, allowing you to track how your public engagement efforts impact Environmental Justice (EJ) and historically disenfranchised communities. BUILT-IN CRM See a 360 view of participant history 1 Create robust reporting and data sharing 2 View attribution and segmentation 3 Page 455 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 18 | RFP NO. 22-CMO-RFP-586 PUBLICINPUT.COM • Measure the equitable access to the decision-making process • Visualize the impact of engagement tactics • Demonstrate compliance with Federal requirements • Color coded mapping • The ability to generate a standard report for a selected area • Compare the selected area the state, region, or the nation • Measure using 11 different environmental indicators • Measure using 6 different demographic indicators • Measure using 11 different EJ Indices • Compare block group population percentiles EQUITY AND DIVERSITY MAPPING SUPPORTS YOUR TEAM’S EFFORTS TO... BUILT-IN CRM Page 456 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 19 | RFP NO. 22-CMO-RFP-586 PUBLICINPUT.COM Create new segments based on existing demographic data stored in your CRM. Create new segments manually or upload existing KML or KMZ files. View your customized participant segments on a map and use additional maps and data to add extra insight. You can also edit the criteria for segments, view insights, or view all communication sent to a certain segment. A CLOSER LOOK: PUBLICINPUT CRM Page 457 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 20 | RFP NO. 22-CMO-RFP-586 PUBLICINPUT.COM In tandem with our integrated CRM, our customer management system (CMS), Public l Contact, makes outreach and engagement communications easy. Purpose built for governments with unlimited contacts, we leverage the resource rich data gathered using your engagement hub to seamlessly open and close the communication loop between your agency and the community. For example, you can use this module to keep residents updated on topics they have subscribed to, such as road closures, construction, and project updates. Example of outbound text alerts as used by NC DOT to inform subscribers of ferry service interruptions Use the integrated communication suite to build, send, and monitor email and text campaigns CONTACT Contact & Communication Suite Features: • Contact List Manager • Mass Email Campaign Builder • Drag and Drop Email formatting • SMS Text Message notification • Social Media Posting/Sync with Twitter & Facebook • Embedded Share Buttons for All Social Media Platforms (including NextDoor & Instagram) • Subscriber Hub & Embedded Signup Buttons • Geo-enabled Segmentation • Automated Response settings • Unlimited Contacts • A/B Testing Page 458 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 21 | RFP NO. 22-CMO-RFP-586 PUBLICINPUT.COM Use the drag-and-drop email builder to quickly and easily format email communication. Embed images, linked buttons, the ability to share to social media, and RSVP links for events. Create email campaigns quickly and easily; use templates or copy a previous email format, or start from scratch. Agencies can create unlimited templates based on their needs, such as project update email templates or newsletters. Use SMS/text campaigns to reach participants who might not have reliable access to wifi or a personal computer. Use segmented lists of participants, curated in your CRM, to easily contact participants in a particular demographic. for both text and email campaigns. You can also add contacts individually. CREATING EMAIL & TEXT CAMPAIGNS Page 459 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 22 | RFP NO. 22-CMO-RFP-586 PUBLICINPUT.COM SOCIAL MEDIA INTEGRATION Monitor your synced Twitter and Facebook accounts and any social media engagement you receive on your pages. Add your social media feed to your Public Engagement Hub. Post directly to Facebook and Twitter from within the PublicInput platform. Page 460 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 23 | RFP NO. 22-CMO-RFP-586 PUBLICINPUT.COM SMART REPORTING With data coming in from so many sources, it’s important to have a reporting suite that can keep up with your needs. PublicInput’s smart reports draw from all your engagement data to create accurate, dynamic, and visually appealing reports. Our dynamic reports... • Visualize data in various formats, include maps, graphs, percentages, word clouds, metrics, and more • Update data in real time • Mix & match questions from various projects to create unique reports that give insight into your community • Download and share reports with your peers or the public to create a culture of transparency • Draw from all engagement data collected via the PublicInput platform, automatically coded, sorted, and stored within your CRM • Allow you to create and edit reports whenever you like • Don’t require a 3rd party; all report creation stays within the PublicInput platform SHARING DATA WITH THE PUBLIC After collecting data from the public, our dynamic reports can easily compile data into charts and visuals of your choosing; this information can be used internally or shared with the public to promote transparency and further understanding of public engagement. Use our built-in dynamic report function to generate charts that help visualize data Analyze question: question data to embed in your dynamic reports or as a stand alone chart DYNAMIC REPORTS Page 461 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 24 | RFP NO. 22-CMO-RFP-586 PUBLICINPUT.COM DYNAMIC REPORTS Add data from any project and choose how to display your engagement data to best suit your report. Page 462 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 25 | RFP NO. 22-CMO-RFP-586 PUBLICINPUT.COM MONITOR & RESPOND TO COMMENTS Moderation in any public forum is essential, and PublicInput utilizes the open source Google Perspective API (perspectiveapi.com) to allow fully automated and customizable moderation 24/7. Comments identified by the system for toxicity or profanity first trigger a prompt to notify the participant that it may be flagged as nonconstructive and encourage a more tempered approach, and then automatically flagged and hidden from the discussion if the prompt is ignored. Admins are alerted via email of the need to review the comment and choose between keeping it visible or hiding it from public view (but still storing it for records retention and analysis). Admins can publicly respond to comments if they choose, to provide additional context, guide a participant to a particular resource they might find helpful, or to answer any questions they may have. This helps build a culture of open communication. Participants can also upvote and respond to each others’ comments, creating a dialogue between community members. AI-ASSISTED COMMENT ANALYSIS Above: The meetings portal, where you can view overall meeting statistics, transcripts, recordings, and more. Above: You can reply to public comments publicly or privately within the PublicInput platform. Page 463 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 26 | RFP NO. 22-CMO-RFP-586 PUBLICINPUT.COM The PublicInput Platform is designed to make collaborations between departments and consultants simple and streamlined. Built in Admin Permissions ensure that you have complete control over each project, campaign, and survey while also allowing for open collaboration between stakeholders. At the start of the contract, the City can select administrators; these individuals will have the ability to grant staff the ability to create, edit, and publish projects. Each project can also have individual admin permissions. Chula Vista staff will be able to control exactly who has access to which project. City admins can choose to set permission levels as follows: • At the organizational level • By department (for enterprise clients) • Per project You can add more roles and access permissions at the organization, department, and project levels, such as: • Administrator: Admins can perform all tasks for the department, project, or organization to which they are provided admin access. • Publisher: These admins can perform all editor tasks. They can also make surveys and reports visible to the public, send emails, and create social media campaigns. They cannot add/remove administrators. • Editor: These admins can perform all data viewer tasks. They can also edit surveys and reports, view CRM contact data, and export raw data. They cannot publish any content. • Data Viewer: These admins can view reports, operate meeting kiosks, conduct data entry, and view email & text correspondence. They cannot edit content or export raw data. Manage your admins within the PublicInput portal. Invite consultant agencies to collaborate, share information with other departments, and more. COLLABORATION & ADMIN ACCESS Page 464 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 27 | RFP NO. 22-CMO-RFP-586 PUBLICINPUT.COM DATA SECURITY SECURITY Our system is hosted and managed within Microsoft’s Azure environment, and as such is subject to the physical security and controls of Microsoft, which are top-notch. All data is hosted and stored via Microsoft Azure; we use Azure’s encryption and security functionality. Our system is SOC2 Type 2 certified. You can visit https://publicinput.com/wp/privacy/ to read more about our data privacy policy,. PRIVACY Customer data is logically separated by an organization ID (org_id) column in the DB and enforced using logic rules. It can also be segregated by maintaining separate S3 buckets per customer and a shared database by regions (store US data separate from EU). Organizationally-owned or managed (physical and virtual) applications, and infrastructure system and network components, shall be designed, developed, deployed, and configured such that provider and customer (tenant) user access is appropriately segmented from other tenant users, based on the following considerations: • Established policies and procedures • Isolation of business critical assets and/or sensitive user data, and sessions that mandate stronger internal controls and high levels of assurance • Compliance with legal, statutory, and regulatory compliance obligations CONTENT HOSTING Our platform offers unlimited projects, surveys, and content hosting until the end of contract. Page 465 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 28 | RFP NO. 22-CMO-RFP-586 PUBLICINPUT.COM PROJECT QUALIFICATIONS Page 466 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 28 | RFP NO. 22-CMO-RFP-586 PUBLICINPUT.COM OUR TEAM TEAM & SUPPORT As a SaaS, PublicInput’s impact and reach depends on our depth of knowledge. Reaching a representative audience in diverse communities requires a dedicated solution built with a knowledge of your community’s unique challenges. PublicInput’s team has built this knowledge by working with over 200 agencies in 38 states. These agencies have leveraged our platform to engage more than 10 million residents. Our users range from small towns to large cities, county governments, and state organizations. Each new client teaches us more about our platform. Our dynamic, dedicated product and development team uses these opportunities to continue to improve our product, ensuring we continue to provide the best public engagement software on the market. New clients receive implementation support and training from our Customer Success Team. Our Customer Onboarding Manager, Amy Gagnon, will work with the City and one of our Customer Service Managers (CSMs) to create an implementation and onboarding timeline after contract award. PublicInput uses a combination of training methods, including an eLearning platform and training videos. Our support team is available from 9 am to 8 pm EST, Monday to Friday, including live support from our Customer Support Team. After-hours assistance is available as requested. During support hours, our team directly addresses any issues with registration, access issues, or functionality. We also offer Professional Services, including: • Data migration • Specialized training • Consulting • Custom CSS Services • Data Analysis These services are available at an additional cost, based on scope of work. We have not included pricing for professional services in our cost proposal, but are happy to provide additional estimates if the City of Chula Vista anticipates needing any of the services listed above during the onboarding and implementation phase. Page 467 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 29 | RFP NO. 22-CMO-RFP-586 PUBLICINPUT.COM OUR TEAM MIKE LEE Director of Customer Success • Doctorate of Business Administration 2023, UNC Charlotte • MBA, Information Technology, University of Massachusetts Amherst • B.S, Computer Science, Alabama Agricultural and Mechanical University • 28+ years of experience • OnDeck Customer Success Founding Fellow Mike brings 28+ years of experience to PublicInput as our Director of Customer Success. Mike leads the entire post-sale team, including Customer Success, Customer Support, Onboarding, Renewals, Management, and Training. The focus of his team is building value-driven relationships, application adoption planning, and subscription renewal. Mike has served on the Board of Education at Durham Public Schools for 8 years and has a great knowledge of the inner workings of local governments, budgets, and public engagement. Mike is currently pursuing a Doctor of Business Administration at UNC Charlotte and plans to focus his research on the mediating effect of Customer Success and the construct of consumer intentions of renewal. Mike’s certifications include PMP, CSM, ITIL Expert, Lean Six Sigma Greenbelt, and PSM I. AMY GAGNON Onboarding Manager • M. Ed, University of Oregon • B.S., History, University of Hawaii at Manoa • Salesforce Certified Administrator, Salesforce Pathfinder Training Program • Certified Support Expert, Intercom • Certificate in Google Data Analytics Amy has worked in education, data management, and customer success. She uses her formal education in curriculum and instruction and pairs it with her passion for customer support and data management as PublicInput’s Onboarding Manager. Amy works closely with each client at the start of implementation and onboarding to create a path to success. This includes setting deadlines for implementation milestones, identifying any potential challenges that might delay implementation, and working with the client’s assigned CSM to ensure everything goes smoothly. Page 468 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 30 | RFP NO. 22-CMO-RFP-586 PUBLICINPUT.COM TASK ACTION ITEMS FORMAT TIMELINE Pre- Introduction Call • Schedule an intro call • Identify your goals for public projects, including a timeline • Confirm main points of contact for each department Email Coordination Pre- Kickoff Post- Introduction Call • Schedule kickoff call • Identify IT person to help with CSS or integrations • Compile list of users/emails to be added • Have social media handles ready and available • Admins successfully log into their PI accounts Virtual Meetings, Email Coordination Weeks 1 to 2 Kickoff Call • Public portal is enabled and accessible • Discuss organization wide settings • Email domain set up • Custom portal domain set up • Customize Public Portal • All initial users and admins added to PI Virtual Meetings, Email Coordination Weeks 2 to 3 The following overview is an example of the our Customer Success Team’s onboarding process. Each client has unique goals and expectations of their engagement hub, so your onboarding might not align perfectly with the sample timeline. Our most successful clients participate fully in onboarding from the very start. Building your portal is the foundation of your onboarding process, and we encourage your staff to participate fully and take advantage of all our eLearning training modules and training videos. The first step to successful, equitable engagement is understanding how to use your platform to the fullest extent. IMPLEMENTATION TIMELINE IMPLEMENTATION & ONBOARDING Page 469 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 31 | RFP NO. 22-CMO-RFP-586 PUBLICINPUT.COM IMPLEMENTATION & ONBOARDING TASK ACTION ITEMS FORMAT TIMELINE Engagement Training • 50% of all users have completed PI’s Engagement training • Collect and upload KML files • Create survey templates Virtual Meetings, Email Coordination Weeks 2 to 5 CRM + Reporting Training • 50% of all users have completed PI’s CRM + Reporting training • Collect and upload any relevant data • Collect and upload contact lists Virtual Meetings, Email Coordination Weeks 2 to 4 CMS Training • 50% of all users have completed PI’s Customer Management System training • Create email/newsletter templates Virtual Meetings, Email Coordination Weeks 4 to 6 Public Meeting Training • 50% of all users have completed PI’s Meeting training • Decide which platform to use (Zoom, WebEx, etc) • Dry run VMP with Customer Success Manager Virtual Meetings, Email Coordination Weeks 2 to 7 Project Launch • Client’s first public project goes live Virtual Meetings, Email Coordination Weeks 2 to 7 Page 470 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 32 | RFP NO. 22-CMO-RFP-586 PUBLICINPUT.COM TRAINING Project-based onboarding and implementation includes eLearning courses and video trainings. Users can learn at their own pace and all team members can create and test engagement tools to master the platform. All training is performed via video or eLearning and is provided at no extra cost to the customer. These digital learning methods allow users to review the material at their own pace and time. All agencies will have an assigned Success Manager that will coordinate with the onboarding manager during implementation to ensure a successful implementation of the PublicInput platform. BRUSH UP ON TRAINING All training videos and eLearning courses are available if you ever want to brush up on your training. Our training website also has an online database of tools called Knowledge Base. These articles are quick and easy walkthroughs on various topics, including each comment analysis, social media tools, troubleshooting, building your first project, and more. TRAINING & ONGOING EDUCATION THOUGHT LEADERSHIP In addition to training resources, PublicInput also publishes regular blogs, newsletters, case studies, ebooks, and webinars on new innovations in civic engagement. Page 471 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 33 | RFP NO. 22-CMO-RFP-586 PUBLICINPUT.COM CLIENT REFERENCES Page 472 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 33 | RFP NO. 22-CMO-RFP-586 PUBLICINPUT.COM EXAMPLES OF WORK KING COUNTY, WASHINGTON Warren Kagarise Digital Engagement Manager King County, Washington 206-263-0992 | wkagarise@kingcounty.gov JPW COMMUNICATIONS Susanne Bankhead VP, Client Affairs JPW Communications tel:(760) 683-8395 ext. 706 | susanne@jpwcomm.com CITY OF AUSTIN, TX Marion Sanchez Community Engagement Consultant Austin, TX 512- 974-2955 | marion.sanchez@austintexas.gov RANCHO CUCAMONGA, CALIFORNIA Jennifer Camacho-Curtis Community Affairs Officer Rancho Cucamonga, California 919-477-2700 | jennifer.camacho-curtis@cityofrc.us KIMLEY HORN & ASSOCIATES, INC. Nick Kuhn Sr. Project Manager, Landscape Architect, Park Planner Kimley-Horn 314-706-3104 | nick.kuhn@kimley-horn.com Page 473 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 34 | RFP NO. 22-CMO-RFP-586 PUBLICINPUT.COM KING COUNTY, WA Contact Warren Kagarise Digital Engagement Manager King County, Washington 206-263-0992 | wkagarise@kingcounty.gov King County Public Engagement Portal https://publicinput.com/kingcounty Synchronous and asynchronous engagement hub facilitating resident participation on topics ranging from zoning and redistricting plans to pro-equity community projects and affordable housing Included features: Engage+ Plan Budget: $57,715/year VIEW ALL MEETINGS & EVENTS EXAMPLES OF WORK RANCHO CUCAMONGA, CA Contact Jennifer Camacho-Curtis Community Affairs Officer Rancho Cucamonga, California 919-477-2700 | jennifer.camacho-curtis@cityofrc.us Rancho Cucamonga Public Engagement Portal https://www.publicinput.com/Portal/J4454 Synchronous and asynchronous engagement hub facilitating resident participation on topics ranging from recreation initiatives to community and infrastructure planning Included features: Engage Plan Budget: $32,700/year VIEW ALL MEETINGS & EVENTS Page 474 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 35 | RFP NO. 22-CMO-RFP-586 PUBLICINPUT.COM CITY OF AUSTIN, TX Contact Marion Sanchez Community Engagement Consultant Austin, TX 512- 974-2955 | marion.sanchez@austintexas.gov Austin, TX Public Engagement Portal https://publicinput.com/Portal/F1211 Synchronous and asynchronous engagement hub facilitating resident participation on topics ranging from transportation planning to community planning and diversity initiatives Included features: Engage+ Plan Budget: $66,000year VIEW ALL MEETINGS & EVENTS EXAMPLES OF WORK Page 475 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 36 | RFP NO. 22-CMO-RFP-586 PUBLICINPUT.COM CASE STUDY HOW THE CITY OF RALEIGH, NC INCREASED THEIR REACH USING AGILE COMMUNITY ENGAGEMENT EXAMPLES OF WORK PROJECT INFORMATION Affordable Housing Bond Feedback Data Analysis PROJECT INFORMATION A sprawling metropolitan area, the North Carolina capital City of Raleigh is home to nearly half a million people. As the second largest city in North Carolina, the City of Raleigh serves a diverse community, which is evidenced by 49% of its population identifying as a minority. HOW PUBLICINPUT WAS USED The Raleigh team used PublicInput to create the “Engage Raleigh” online community engagement portal in 2018 to serve as home for their informative and listening efforts. Page 476 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 37 | RFP NO. 22-CMO-RFP-586 PUBLICINPUT.COM THE AFFORDABLE HOUSING CHALLENGE Though Raleigh is one of the fastest-growing cities in the country, over 33% of Raleigh households currently spend 30% or more of their gross income on housing costs each month; this means around one third of all Raleigh residents are “cost burdened” or “severely cost-burdened” by housing costs. A 50% growth rate in Raleigh’s metro area population since 2011– coupled with rising home and rental prices –meant that the City needed to take action and sought to pursue the passage of an affordable housing bond during the November 2020 local election. The proposed action would represent $80 million worth of investment; the largest housing legislation proposed in Raleigh history. As part of the effort, city staff planned to engage the community about the bond’s feasibility using a series of planned in-person public forums. The need to pivot became clear as the team was faced with determining how to collect meaningful input from the community amid the in-person restrictions associated with the COVID-19 pandemic. AGILE COMMUNITY ENGAGEMENT POWERED BY PUBLICINPUT The City created a 24-person advisory committee to oversee the public outreach and engagement effort associated with the affordable housing bonds. Made up of local leaders, community members and stakeholder representatives, over the course of a few months the advisory board used the PublicInput Engagement Hub to engage more than 4,800 residents by pairing a strategic social media marketing campaign with the following Engagement Hub features: • Created an online affordable housing bond survey • Hosted virtual public meetings with recordings available for later use • Automatically captured virtual meeting comments • Integrated Local media options into the online survey • Increased Language accessibility using the integrated translation tools • Shared the Engagement Hub phone-in input option to allow for offline accessibility By using the PublicInput platform (pictured below), the Raleigh team was able to survey the public about their level of perceived support with each bond option as well as overlay participant data using the Equity Mapping feature to clearly see the impact and potential gaps in their reach based on community demographics. Page 477 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 38 | RFP NO. 22-CMO-RFP-586 PUBLICINPUT.COM FEE PROPOSAL Page 478 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 38 | RFP NO. 22-CMO-RFP-586 PUBLICINPUT.COM FEE PROPOSAL CHOOSE A PLAN THAT SCALES TO YOUR NEEDS. PublicInput offers three plan tiers. Given the scope of work outlined in this RFP, we recommend either the Engage Plan or the Engage Plus plan. We do not recommend the Listen Plan for your current scope of services. The bid graphic below contains a detailed description of everything included in each tier. For small teams, organizations with a limited budget, or infrequent initiatives. • Deliver a consistent, accessible andpredictable resident experience. • Increase efficiency for you and your people: everything in one place for your team and your residents. • Mitigate risks to access, increase transparency and improve credibility in the community. • Automatically aggregate, analyze and visualize data from multiple sources that empower you to understand and respond to trends and issues impacting your community. • Unlock innovation informed by best practice and the world’s largest community of public engagement practitioners. Highlighted Features Include: • Online project engagement portal • Online meeting registration and integrated comment forms • Participant maps • In app comment acknowledgment and response workflow (RECOMMENDED) For organizations prioritizing representative feedback and data- driven decision making with frequent initiatives that often overlap. Everything in Listen, and: • Phone, text, and email engagement formats to provide residents more flexible, accessible options • Analysis tools to understand unique segments of your community, share insights with stakeholders, and defend decisions using data. • Equity Mapping tools to ensure representative engagement and targeted outreach to key stakeholders. • Automated workflows to maximize team capacity, including auto-reply, sentiment analysis, and email comment management. • Enhanced multi-lingual support to provide tailored experiences for non-English-speaking residents. Highlighted Features Include: • Custom links and branding • Census-backed demographic reporting • SMS text message commenting/surveys • Drag & drop email builder • Resident subscription management For organizations utilizing numerous point solutions to gather feedback and inform residents. Everything in Engage, and: • Integrate disconnected engagement and communications solutions. • Optimize investments for complex teams managing ongoing resident interactions. • Show statistically representative participation across hard-to-reach audiences and automate much of the analysis process. Highlighted Features Include: • ESRI ArcGIS integrations to overlay custom layers in Equity Mapping and reporting • API integrations • Last Mile language translation and web page form editor • Real-time and multi-lingual closed captions • EPA EJScreen segments in CRM • Automated demographic segmenting • Text message outbound campaigns • Custom CRM fields and activities NOT RECOMMENDED 1 Year | $29,302 2 Years | $58,604 1 Year | $43,953 2 Years | $87,906 LISTEN ENGAGE ENGAGE PLUS Page 479 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda ABOUT PUBLICINPUT Trusted by hundreds of communities, governments, and consultants in the U.S. and Canada, PublicInput provides software solutions for public engagement and communication. The overarching mission of PublicInput is to facilitate lasting relationships between government and the public by providing the technology needed for agencies to listen, communicate, and make informed decisions. To learn more about PublicInput visit www.publicinput.com. CONTACT US 2409 Crabtree Blvd., Ste 107, Raleigh, NC 27604 919-295-9051 engagement@publicinput.com Page 480 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Public Engagement Action Item 8.1: Approve an Agreement with Cityzen Solutions, Inc. dba PublicInput for an Online Public Engagement Platform. Online Platform Page 481 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Online Public Engagement Platform at a Glance Prioritize public engagement in all aspects of City operations. Expand, Enhance, Encourage public participation in City project, programs, and initiatives. Provide rich and intuitive tools for learning and gathering public input. Page 482 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Minimum Features Flexible, interactive, user-friendly, and capable of supporting multiple public engagement projects simultaneously. Educational Customizable Visual Accessible Compatible Self-guided Civil Capable of integrationData-smart Mappable Verification Privacy Multilingual Page 483 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Process RFP Proposals Ranked Selection Demonstrations 1. 2. 3. Page 484 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda About PublicInput PublicInput’s software helps governments build community relationships through engagement and supports active collaboration with residents. PublicInput’s team has build this knowledge by working with over 200 agencies in 38 states. •Software-as-a-Service (SaaS) solution •Equitable engagement •Unified approach •Blending traditional and virtual engagement tactics •Single integrated platform Page 485 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Engagement Hub •New pathways for participation and increases engagement. •Stores historical data over time and across projects. •Making participation equitable and accessible for everyone. Page 486 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Platform What residents see -host all your projects, surveys, meetings, and educational content for the community. Front-facing website Page 487 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Platform Answer questions like: •How will this project affect vulnerable or disadvantaged communities? •How do I ensure our community engagement responses are representative? Equity Mapping:Translate Community Engagement Data Into Action A tool that uses GIS data to create a living, breathing map of your engagement projects. Translates data into action. Each map layer you add, whether it is a default filter like a qualified census tract or a customized map filter, provides more context. Page 488 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Build A Project Virtual and hybrid meetings to transcribe in the same place. Offers contactless sign-ins. Digital comments and spoken comments are automatically documented and are tracked on the online platform. Online Meetings Fully automated and customizable moderation 24/7. Comments identified by the system for toxicity or profanity Moderation Meetings can have an offline option for in-person attendees, phone-in options for participates without needing to access a computer or wifi Offline Post directly to FB and Twitter from within the PublicInput platform. Monitor accounts and add social media feed to your Public Engagement Hub Social Media Smart Translation –closed captioning in multiple languages Page 489 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Public Engagement Hub Keep residents updated on topics they have subscribed to such as road closures, constructions, and project updates. Page 490 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Dynamic Reports Visualize data in various formats, include maps,graphs,percentages, word clouds,metrics,and more. Proposed agreement conforms with the City’s Privacy Protection and Technology Transparency Policy Update data in real time,easily compile data into charts and visuals of your choosing. Page 491 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Dynamic Reports Visualize data in various formats, include maps,graphs,percentages, word clouds,metrics,and more. Update data in real time,easily compile data into charts and visuals of your choosing. Page 492 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Proposed Agreement Proposed agreement conforms with the City’s Privacy Protection and Technology Transparency Policy Page 493 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Next Steps Customization of platform Build portal Staff Training & Policy Development Courses and video trainings Launch First public project goes live 2-7 weeks. Develop policies and content standards Page 494 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Recommended Action Adopt a resolution approving an agreement with Cityzen Solutions,Inc.,doing business as (“dba”)PublicInput,for an online public engagement platform,with an initial term through June 30,2026,and two optional one- year extensions. Page 495 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda v . 0 03 P a g e | 1 August 8, 2023 ITEM TITLE Labor Relations: Report on Implementation of Recommendations from the City Council Ad-Hoc Subcommittee on Labor Relations and Request for Direction Report Number: 23-0206 Location: No specific geographic location Department: City Manager Environmental Notice: This activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Accept a report on implementation of recommendations made by the City Council Labor Relations Ad Hoc Subcommittee and provide direction. SUMMARY On May 9, 2023, the City Council Labor Relations Ad Hoc Subcommittee issued a report on findings and recommendations to the City Council. A referral was made to the City Manager for consideration, implementation, negotiation, and a report back to the City Council within 90 days on the recommendations of the Ad Hoc Subcommittee. This item provides a report responsive to the referral and requests that the City Council provide direction. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with 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. Page 496 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda P a g e | 2 DISCUSSION On March 28, 2023, the City Council approved the establishment of a Labor Relations Ad Hoc Subcommittee comprised of Deputy Mayor Jose Preciado and Councilmember Andrea Cardenas (the “Labor Relations Subcommittee”). The Labor Relations Subcommittee held a series of meetings with various stakeholders to discuss issues relating to safety conditions and enhancements for traffic control workers, the potential need for a contractor transparency ordinance, and the process to adopt a citywide project labor agreement (“PLA”). On May 9, 2023, the Labor Relations Subcommittee issued a report and recommended that the City Council refer the following to the City Manager’s Office (Attachment 1): 1. Draft a municipal code amendment to address safety conditions and enhancements impacting traffic control workers. 2. Develop a labor transparency ordinance to be consistent with similar policies across the County of San Diego, and identify City needs for ordinance enforcement. 3. Formally engage in the process to develop a citywide Project Labor Agreement with input from the San Diego Building and Construction Trades Council. The City Council supported the recommended referral at its May 9, 2023 meeting and directed the City Manager to return with a report on implementation within 90 days. An overview of each component of the May 9 referral is provided below, including progress to date. Traffic Control Workers Wage Disparity and Potential Safety Issues On January 6, 2023, the Mayor and City Council received a letter from Laborers’ International Union of North America (“LiUNA”) Local 89 San Diego, relating to wage disparities and safety hazards affecting workers performing traffic control duties (included in Attachment 1). LiUNA’s letter identified a wage disparity issue in the subset of traffic control workers, relative to others within the industry, whether union represented or non-represented. In addition, LiUNA raised concerns regarding potential safety issues in the traffic control industry. LiUNA requested that the City Council consider a municipal code amendment to address the identified wage disparity issue, while increasing the safety of workers that perform work in the right-of-way. Specifically, LiUNA requested that the City Council adopt a municipal code amendment establishing a minimum wage for traffic control workers in the public right of way, not less than the general prevailing wage set for such work by the State of California for traffic control. Following the May 9, 2023 referral on this item from the City Council, staff began researching similar efforts in the County and City of San Diego. At that time, the County of San Diego had adopted Ordinance No. 10828, requiring payment of a wage equivalent to prevailing wage for all traffic control workers. The City of San Diego is expected to consider a similar ordinance on August 1st. Staff began drafting an ordinance for presentation to the City Council, using the County of San Diego ordinance as an exemplar and considering the implementation of such an ordinance. The most significant challenge identified was enforcement, which would require the creation of a new minimum wage enforcement program in the City. As a result, staff initiated an informal conversation with the County of San Diego regarding potentially contracting with the County for enforcement of the City’s ordinance, should one be adopted. As these conversations were ongoing, the City received notice that a lawsuit was filed on May 8, 2023 in federal court by HP Communications, Inc. against the County of San Diego, calling for the County’s Ordinance No. 10828 to be declared preempted by Page 497 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda P a g e | 3 the National Labor Relations Act under the Supremacy Clause of the U.S. Constitution and therefore, void and unenforceable. Next Steps It is the advice of the City Manager’s Office and City Attorney’s Office that the City pause in further action on this portion of the referral until the HP Communications case has been resolved. Staff will continue to work with LiUNA and other members of the labor community in the interim, with the intent to present a draft ordinance to the City Council for consideration upon the resolution of the pending litigation. Contractor Transparency Ordinance The May 9, 2023 referral on this item directed staff to look at contractor transparency ordinances adopted throughout San Diego County to protect workers and promote transparency in relation to construction and right-of-way projects. Staff conducted a best practices review on this issue, both in San Diego County and nationally. A draft ordinance was prepared using the City of San Diego adopted ordinance as a guide, with modifications based on the best practices review. The draft ordinance was then shared with representatives of the Building Industry Association (“BIA”), the City’s Development Oversight Committee, LiUNA, the Southwest Mountain States Regional Council of Carpenters Local 619 San Diego (the “Carpenters Union”), and the Communication Workers of America District 9 (“CWA”). Negotiations related to the ordinance language are ongoing, but the current draft of the ordinance is being provided with this item for the Council’s review and preliminary feedback (Attachment 2). If adopted, the draft ordinance would add Chapter 2.71 “Construction Contractor and Subcontractor Reporting” to Title 2 (Administration and Personnel) of the Chula Vista Municipal Code (“CVMC”) (the “Contractor Reporting Ordinance”). The Contractor Reporting Ordinance would apply to all building, mechanical, plumbing, electrical, demolition, land development, grading, construction, utility, or fire permits issued for projects of a certain size. Impacted projects would be limited to residential or mixed-use development consisting of twenty (20) or more dwelling units or non-residential developments that propose 20,000 square feet or more of tenant improvements or additional new gross floor area. The ordinance would also apply to utility permits in the City right-of-way. The Contractor Reporting Ordinance would not apply to an individual constructing an ADU, adding on-to or altering their home, modifying their driveway, etc. For those projects subject to the ordinance, and those permits applicable to those projects, the permittee would have an affirmative duty to provide the following information to the City, under penalty of perjury: 1. The identity of each Contractor and Qualifying Subcontractor that will perform work subject to a permit inspection, whether a sole proprietor, independent contractor, company, or other entity. 2. For each Contractor and Qualifying Subcontractor so identified: a. State contractor’s license number, license category, and license expiration date. b. City business license number and expiration date. c. State and federal tax identification numbers. Page 498 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda P a g e | 4 d. Valid worker’s compensation insurance information, including policy number and expiration date. e. Any previous and/or pending enforcement actions resulting from violations of state or federal labor law, along with any penalties paid, criminal convictions, or ju dgements related to the provisions of the California Labor Code or the Federal Labor Standards Act. f. Scope of Inspected Work to be performed. The permittee will also be required to update the information reported to the City, should it change. The permittee will have 72 hours to notify the City after they become aware of the change. Such changes will be made online using the City’s online permitting system. Where the draft ordinance significantly varies from the City of San Diego ordinance is in the enforcem ent mechanism. Rather than shutting down the entirety of a project or issuing a misdemeanor citation as contemplated in the City of San Diego ordinance, enforcement of the proposed ordinance will be folded into the regular daily operations of the Development Services Department (“DSD”). This has been accomplished by tying the reporting requirement to permitted work that is subject to inspection by the City. As part of their regular inspection process, DSD inspectors will be able to view the Contractor and Subcontractor information reported for the permitted work they are inspecting, and if the reporting is incorrect or incomplete, they will fail that specific inspection. Work on that item will cease until the inspection can be rescheduled, and the permittee will be charged a re-inspection fee. For example, if the permitee on 50-unit multifamily project were to call for a pipe install inspection, and the inspector were to find that the plumbing subcontractor had not yet been reported to the City, then the inspector would assign a “fail” to the inspection and leave the site. The permitee would then have to provide the missing information and reschedule the failed inspection. Similarly, if the inspector were to find that the reported plumbing subcontractor’s state contractor’s license had been suspended or expired, the inspector would assign a “fail” to the inspection. The subcontractor would have to resolve their license status with the state, or the permittee would have to hire and report a new pluming subcontractor to the City, before inspection could resume. In each example, the permitee would also have to pay a reinspection fee of at least $140 to cover associated staff costs. Should more than one violation of the ordinance occur on the same permit within a c onsecutive 12-month period, the Director of Development Services would have the authority to issue a stop work notice on that particular permit, to be lifted when the violation is remedied. Should additional violations occur on the same permit within a consecutive five-year period, the Director of Development Services would have the authority to revoke that permit. Once the violations were remedied, the permit would be eligible for reissuance. In order to allow time to complete stakeholder outreach and the systems programming needed to implement the proposed ordinance, an effective date of January 1, 2024 is currently contemplated. A 6-month safe harbor period, in which no enforcement action is taken is recommended. If adopted, enforcement would begin on July 1, 2024. Page 499 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda P a g e | 5 Unresolved Terms The builder community, utility companies, and labor have agreed on the draft ordinance language, with the following exceptions: 1. Applicability of the ordinance to Utility Permits. These are permits issued to utility companies (SDG&E, AT&T, Verizon, Otay Water District, Sweetwater Water District, etc.) for work done in the City right-of-way. This work typically involves trenching; installation, replacement, or repair of wet and dry utilities; and resurfacing of the roadway. Labor proposes that the ordinance include these permit types. Staff has shared the draft ordinance with the various utility companies, but additional time is needed to understand potential impacts and to make a recommendation for the City Council to consider. 2. Reporting Enforcement Actions. Labor has requested that the City’s ordinance include a requirement that the applicant/permittee report “Any previous and/or pending enforcement actions resulting from violations of state or federal labor law, along with any penalties paid, criminal convictions, or judgements related to the provisions of the California Labor Code or the Federal Labor Standards Act.” The developer/builder community does not support including this requirement, as this information is already reported to, and tracked at, the state level. Next Steps Staff requests Council provide any feedback they may have on the draft ordinance and unresolved terms. Staff will continue stakeholder engagement and return with an ordinance for City Council consideration. Project Labor Agreement (PLA) The May 9, 2023 referral directed staff to engage in the development of a citywide PLA. Based upon comments made on the dais at the May 9, 2023 meeting and subsequent clarification from members of the Ad Hoc Subcommittee, staff understands that referral to include the following direction: 1. Negotiate a PLA with the San Diego Building and Construction Trades Council, applicable to all City capital improvement projects exceeding a specified a construction cost (at time of award) (the “Citywide PLA”). 2. Draft an ordinance (the “PLA Ordinance”) requiring PLAs for projects exceeding a specified construction cost (at time of award), that are either: a. Constructed by others on City owned property; or b. Affordable housing projects, receiving City construction funds in excess of a specified amount. Based upon this understanding, staff began researching PLAs, developed recommended PLA terms and language, and initiated negotiations with the San Diego Building and Construction Trades Council and the Carpenters Union. This work effort is ongoing. To follow is a brief overview of PLAs in general, potential benefits and possible consequences of adop ting a Citywide PLA or PLA Ordinance, and a discussion of potential terms to be included in a Citywide PLA or PLA Ordinance, should they be adopted by the City Council. Page 500 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda P a g e | 6 Introduction to PLAs Sometimes called Community Benefit Agreements, Master PLAs, Government Mandated Labor Agreements, Project Stabilization Agreements, Community Workforce Agreements, or Working Families Agreements, PLAs were historically collectively bargained contracts that established working conditions and management rights for a given construction project. They have been used by both public and private entities since the 1930s and are established under federal law. Traditionally, PLAs were intended to address specific problems between contractors and construction workers either created or left unresolved by local area collective bargaining agreements with individual craft workers. They were usually negotiated between construction contractors and one or more building trade unions in advance of submitting a bid for a project, and before anyone is hired to perform the work, with a mutual goal of adjusting work practices to offer a competitive bid. More currently, global PLAs (or Master PLAs) are being adopted by government agencies to cover multiple public projects. Similar goals are identified for these agreements, including establishing and stabilizing wages, hours, and working conditions for the workers employed on capital improvement program (“CIP”) projects and creating a collaborative relationship with labor and management that leads to efficient and economical completion of public projects. These Master PLAs are approved prior to the project(s) and once executed, are applied to all public works projects that fit set criteria (construction budget, CIP type, etc.). In addition to restricting signatory unions from striking or taking collective action against the public project or contractor working on it, these agreements also seek to improve opportunities to use local, publicly funded projects to provide job training and employment opportunities for local disadvantaged workers and businesses. PLAs are negotiated contracts pertaining to construction workforce and labor relations and are allowed in the construction industry per Section 8(f) of the National Labor Relations Act (Title 29, Chapter 7, Subchapter II, United States Code). The main tenets of typical PLAs for public works projects are that the public entity gets assurance of labor peace and participating unions get broad application of terms of collective bargaining agreements. Historically, contractors and unions have used project labor agreements for major projects of extended duration that require large numbers of many different skilled workers. PLA use on federal sector construction projects dates as far back as 1938 when a PLA was signed for the construction of the Grand Coulee Dam in Washington State. In 1940, a similar agreement was used during the construction of the Shasta Dam in Northern California. Other major public infrastructure projects built under PLAs include atomic facilities in Oak Ridge, Tennessee and Hanford, Washington; the Nevada Test Site; Mississippi Test Facility (John C. Stennis Space Center); and NASA’s Cape Canaveral Launch Operations Center (Kennedy Space Center). While there is variation among the provisions in PLAs for projects covered by them (the “Covered Project”), the terms and conditions in most PLAs generally: 1. apply to all work performed on a specific project or at a specific location; 2. require recognition of the signatory union(s) as the exclusive collective bargaining representatives for Covered Project workers, whether or not the workers are union members; 3. supersede all other collective bargaining agreements; Page 501 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda P a g e | 7 4. prohibit strikes and lockouts; 5. require hiring through union referral systems (hiring halls); 6. require all contractors and subcontractors on the Covered Project to become signatory to the agreement; 7. establish standard work rules, hours and dispute resolution procedures; 8. establish wages and benefits; and 9. require new employees, within a certain period of time, to pay dues to the union for representing their interests before the employer or contractor. When the Covered Project is completed, the employer and the union(s) have no further obligations to each other under the agreement. History of PLAs in Chula Vista As part of the Chula Vista Bayfront development proposal by Gaylord Entertainment Company in 2005, citizen groups participating in the project’s review supported a PLA for the development. In 2007, Gaylord withdrew their proposed project citing an inability to come to terms with the local building and construction trades council on a labor agreement. In reaction to the Gaylord project outcome, a citizens group in 2007 bega n discussing circulation of a ballot measure regarding the application of PLAs on public works projects in Chula Vista. The resulting measure called for a process that would provide fair and open competition for public works projects funded in whole or in part with public funds; that would aid in lowering the cost of public works projects; and that would ensure that all workers, both union and non-union, had a fair and equal opportunity to work on public works projects. Carried by almost 56% of the vote on June 8, 2010, the approved Measure (Proposition) G resulted in City Council’s adoption of an ordinance including the below provisions that in effect, banned PLAs in the City. In contracting for the construction, maintenance, repair, improvement or replacement of public works projects, the City shall not fund, in whole or in part, or enter into, any contract which contains a requirement that a contracting party (1) execute, comply with, or become a party to an agreement between a labor organization, on the one hand, and the City, the contracting party, or any third party on the other; (2) become a signatory to a collective bargaining agreement; (3) be required to make payments on behalf of employees to union benefit plans or other trust funds; (4) require its employees to be represented by a labor organization; or (5) encourage or discourage employees of a contracting party to have representation by a labor organization. Subsequently, new State PLA laws were enacted. Senate Bill (“SB”) 922 in 2011 and SB 829 in 2012 added California Public Contract Code Sections 2500 through 2503, addressing the use of PLAs on public works projects throughout California. These new laws, generally: (1) authorized cities to use PLAs for public works, so long as specified taxpayer protections were included in the agreement; and 2) disqualified cities from receiving state funding for city infrastructure projects if they prohibit or limit the ability to use PLAs on city public works. As a result, the application of these new laws to the voter approved Measure G ordinance provisions could have potentially jeopardized the City's ability to receive state funding for local infrastructure. Despite the law change, the City was able to maintain its “qualified” status with the State f or public works funding based on the City’s written position that the State and City’s Proposition G laws could be reconciled. Page 502 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda P a g e | 8 Legal ambiguities, however, continued to exist. On December 3, 2019, the City Council agreed to place a ballot measure (“Measure E”) on the March 3, 2020 election to repeal the Proposition G ordinance provisions that prohibited PLAs. Measure E was approved, with 67% of the voters in favor of repealing the PLA restrictions. The primary argument in favor of repealing was that a yes vote would preserve the City’s opportunities for future State infrastructure funding. Project Labor Agreement Scope Several local agencies have adopted a form of Master PLA for CIP Public Work projects, including the City of San Diego (Pure Water project), County of San Diego (Working Families Ordinance), National City, SANDAG, Southwestern College, San Diego Unified School District, and Chula Vista Elementary. Most agencies, when approving a PLA, identified both Covered Projects’ scope (construction contract amount, project complexity or location); public benefits (cost and schedule savings, provision of skilled and trained workforce for projects, no strikes or labor disputes allowed); and community benefits (local hire for project workforce, apprenticeship training for local workforce, disadvantaged business preference, etc.) as the reasons for support of the PLA. More recently, on February 4, 2022, President Biden issued Executive Order 14063, which requires Federal agencies’ “large scale” ($35 million or greater) construction projects to include in their bid solicitation and construction contracts a provision requiring the prime contractor (and their subcontractors) to negotiate PLAs as a condition of receiving the contract. This order does provide discretion to exempt construction projects from the PLA requirements when: (1) the project has a short duration and lacks operational complexity; (2) the project will involve only one craft or trade; (3) the project will involve specialized construction work that is available from only a limited number of contractors or subcontractors; or (4) the agency’s need for the project is so urgent that a PLA would be impracticable. In details being included as part of implementing guidance, workers in each craft or trade on each project must be paid the highest applicable wage whether union or non-union employed. The highest of Federal or State minimum wage, a State’s required prevailing wage, or the wage established in a trade’s collective bargaining agreement must be used. The conversion of the cost of required benefits into equivalent wages to meet this highest wage requirement (which California Prevailing Wage Law permits) is not being allowed under this Federal order. The same justification cited for local PLA approvals is being used in support of this new Federal PLA requirement – to promote economy and efficiency in the administration and completion of publicly funded construction projects. Recommendation: Limit Citywide PLA scope to projects with a construction cost (at time of award) of $1,000,000 or greater. Limit PLA Ordinance scope to: 1. projects constructed on City property with a construction cost (at time of award) of $1,000,000 or greater; or 2. affordable housing projects receiving City construction funds of $5,000,000 or greater. Page 503 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda P a g e | 9 Citywide Project Labor Agreement Terms While many Master PLAs have similar categories of terms, there are no set requirements or criteria for a Master PLA. Several major elements that could be negotiated and included in the Citywide PLA are discussed below, along with identified benefits and potential impacts. 1. No Strike or Collective Action. Often identified as the biggest benefit of PLAs, this term is imposed through an agreement by all signatories not to strike or take other collective action against the project or contractors working on it during the Covered Project’s construction. This PLA provision is most often cited as being important to complex, multi-trade, and multi-contractor projects with a critical schedule to reduce construction delay and labor shortages. Opponents of PLAs note that very few construction projects without PLAs have strikes or collective actions taken against them and, thus, is not a critical element. Chula Vista CIP projects have not had any labor actions or related collective action impacts. The more recent labor challenges that have occurred are on private development projects during the discretionary permitting and California Environmental Quality Act (CEQA) review process. In these cases, where labor unions file lawsuits, typical settlement terms have been a project specific PLA between the private developer/contractor and the union challenging the project. This has occurred on several private development projects within the last 5 years in Chula Vista. Recommendation: Staff recommends a No Strike or Collective Action term be included in the Citywide PLA. 2. Compliance with Collective Bargaining Agreement(s). This is a typical term, which requires any contractor working on the Covered Project (whether it is signatory to a collective bargaining agreement or not) to abide by terms of each relevant trade’s existing collective bargaining agreement in performance of Covered Project work, unless superseded by the PLA. Having uniformity in workers benefits and job requirements, whether in a union or not, is identified by some as a positive aspect of these agreements that improve communication and coordination across the public project. Others maintain that existing collective bargaining agreements define union jurisdictional boundaries that can limit the scope of work allowed to be performed by a skilled trade. Some workers may be competent in more than one skill and without the jurisdictional restriction could provide a more efficient work process beca use they can perform their core function plus added assignments that they have been trained for but that are considered to be outside their union defined core trade. This could limit, some argue, competitive bidding and the potential cost saving benefit of multi-skilled workers to a Covered Project. Recommendation: Staff recommends that the Citywide PLA require, at minimum, benefits as established by State prevailing wage law and that benefits required by prevailing wage law (health insurance, paid time off, sick leave, etc.) be provided by the contractor to the covered project worker and not be converted into an equivalent additional wage and added to the required prevailing wage for that craft or trade as otherwise allowed by prevailing wage law. Union employees on the Covered Project should receive benefits consistent with existing collective bargaining agreements for each trade. Other work conditions such as work hours, overtime parameters should be consistent with existing collective bargaining agreements. Page 504 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda P a g e | 10 3. Dispute Resolution. Most PLAs include agreed upon processes to streamline resolution of labor disputes and conflicts, including jurisdictional disputes between unions arising during a CIP project . Opponents of PLAs note that CIP project contracts that are part of any CIP also include project construction dispute resolution provisions so the PLA provisions on the same topic are redundant. PLA proponents maintain that a consistent and predictable conflict resolution process helps maintain project schedule s and project worker productivity. Recommendation: Staff recommends including a dispute resolution process that includes mutually agreed upon mediators in the Citywide PLA. 4. Wages and Benefits. Most PLAs refer to compliance with prevailing wage law for wages and benefit payment amounts, as in general, public works projects over $1,000 are already subject to this State requirement. Prevailing wage law allows the minimum required benefit payment amount (roughly 1.9% of wages) to be directly contributed into approved benefit plans or paid in cash directly to employees. Benefit provisions in PLAs vary but can include requirements for contribution to union-sponsored fringe benefit and pension funds. PLAs can also require extra pay for overtime work, travel, subsis tence, shift work, holidays, “show-up” pay, and various other premiums beyond what is required by law. Those that disagree with PLAs identify the requirement that open shop contractors pay contributions into union benefit and multiemployer pension plans (MEPPs) for their non-union employees as problematic, because their employees often do not vest in the plan and lose those benefit contributions at the end of the project. To address this, non-union contractors claim they often double pay pension and health insurance fringe benefits into both existing company plans and union plans if their employees are permitted to work under short-term projects covered by a PLA. In addition, like many public pension plans, a number of the MEPPs may struggle to meet their pension obligations1. The last recession contributed to this problem, as contractors participating in MEPPs went bankrupt and did not pay their share of liability to a MEPP, which is now a liability for the MEPP’s remaining participants. Businesses are, therefore, concerned about being required to contribute to MEPPs because it may expose their business to future unknown pension liabilities. In general, unionized construction firms use a defined benefit MEPP retirement model, while non -union contractors typically provide defined contribution plans such as a portable 401(k) retirement plans that follow the worker. Recommendation: Staff recommends that the Citywide PLA require wages consistent with prevailing wage law for both union and non-union workers. Benefits should be per staff’s recommendation for Item No. 2 above. The provision of premium wages beyond what is required by law should be left to union and open shop contractors to determine as part of their desire to participate in an open and competitive bidding process. 1 According to the American Academy of Actuaries, roughly 1,400 MEPPs cover workers employed in an array of unionized industrie s, including retail, service, construction, manufacturing, mining, transportation, and entertainment. About 100 of these plans h ave been classified, in accordance with the Multiemployer Pension Reform Act (MPRA), as in “critical and declining” status—meaning they are projected to have insufficient assets in the fund to pay full benefits within the next 20 years. [Hanna, C., & Goldman, T. (2017, June 27). Issue Brief – Overview of Multiemployer Pension System Issues. American Academy of Actuaries. https://www.actuary.org/sites/default/files/files/publications/IB-Multiemployer.06.27.2017.pdf] Page 505 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda P a g e | 11 5. Term. Most individual, project specific PLA terms coincide with the Covered Project’s construction period. Master PLAs covering multiple projects have longer durations (e.g., SANDAG’s PLA has a five-year term) with automatic extensions unless cancelled by the agency. Recommendation: Staff recommends an initial five-year term for the Citywide PLA, with one optional five-year extension at City Council’s discretion. 6. Community Benefit. Many PLAs identify hiring goals or standards as a community benefit. These include job readiness programs, apprenticeship standards, disadvantaged worker hiring goals, disadvantaged business inclusion opportunities, targeted worker goals, and local hire goals. The following are typical definitions used in PLAs for these community benefit groups: a. “Disadvantaged Business” typically means a business that has been certified by the California Department of Transportation and or any other CALTRANS-approved California certifying agency as a Disadvantaged Business Enterprise pursuant to 49 C.F.R §26.5; or a business that has been certified by the California Office of Small Business and DVBE Services as a Small Business, a Small Business for the Purpose of Public Works, or a Disabled Veteran Business Enterprise. b. “Disadvantaged Worker” typically means an individual domiciled in a “Disadvantaged Area” meaning a zip code that contains a census tract for which the average household income is no more than 80 percent of the average household income for the Metropolitan Statistical Area as designated by the U.S. Office of Management and Budget, in which that census tract is located, or a Veteran residing anywhere. “Domiciled” is per section 349(b) of the California Election Code, indicating a fixed address with intent of continued residency. c. “Local Hire” typically means a permanent resident of the City entering into the PLA, at the time of initial employment on a Covered Project or a veteran residing anywhere. d. “Targeted Worker” typically means any individual that fits one or more of the following (a) is a Veteran; (b) is an Apprentice with less than fifteen percent of the work hours required for completion of the Apprenticeship Program; (c) has no high school diploma or general education diploma (GED); (d) is homeless or has been homeless within the last year; (e) is a former foster youth; (f) is a custodial single parent; (g) is experiencing protracted unemployment (defined as receiving unemployment benefits for at least three months); (h) is a current recipient of government cash or food assistance benefits; (i) has a documented income at or below 100 percent of the Federal Poverty Level; (j) is formerly incarcerated; or (k) is a graduate of an apprenticeship readiness program; (l) is a Local Targeted worker, meaning a local resident or a Disadvantaged Worker whose primary place of residence is within the local county. Hiring targets are then established for these various categories in the PLAs. For example, the City of San Diego’s PLA includes an overall goal of 10% of the craft hours worked on each Covered Project be performed by Targeted Workers, and a goal of 35% of all craft hours on a Covered Project be performed by Local Hires. SANDAG’s Community Benefit Agreement includes an overall goal of 10% of the craft hours worked on each Covered Project be performed by targeted workers and a goal of 30% of all craft hours on a Covered Project Page 506 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda P a g e | 12 be performed by Disadvantaged Workers. Both have a hiring inclusion allowance for Disadvantaged Businesses that are not signatory to a local master labor agreement and are under defined subcontract dollar thresholds. Recommendation: Staff recommends the Citywide PLA set a hiring goal of fifty percent (50%) of the total construction craft hours on the Covered Project being performed by Local Hires, with an initial priority for residents of Chula Vista, then expanding to all residents of San Diego County if there are not sufficient Chula Vista residents to meet the 50% goal. Staff further recommends that the Citywide PLA set a hiring goal of thirty percent (30%) of the total construction craft hours on the Covered Project being performed by Disadvantaged Workers, with Disadvantaged Workers in this context meaning an individual domiciled in a Disadvantaged Area that has no high school diploma or general education diploma (GED), is homeless or has been homeless within the last year, is a former foster youth, is a custodial single parent, is experiencing protracted unemployment (defined as receiving unemployment benefits for at least three (3) months), is a current recipient of government cash or food assistance benefits, has a documented income at or below 100 percent of the Federal Poverty Level, is formerly incarcerated, or a Veteran residing anywhere. All of the above should be characterized as goals, not requirements. The PLA should also establish a process to be followed, should those goals be demonstrably unachievable on an individual project. PLA Benefit Studies Experts continue to debate study methodologies and the overall value and cost implications of government- mandated PLAs on public work construction projects. Below is a sampling of evaluations that have been referenced in published articles both in support of, and in opposition to, the use of PLAs. No impact on Number of Bidders or on Construction Bid Price: A PLA study from January 2017, Project Labor Agreements and Bidding Outcomes, The Case of Community College Construction in California2, by authors from the University of California Berkely and sponsored by a grant from the Marin County Building Trades Council, reviewed 263 California community college projects built between 2007 and 2016. Of the projects reviewed, 88 were built under PLA arrangements. The study concluded that in comparison to non-PLA projects, controlling for the size of the project and when it was put out for bid, PLAs did not decrease the number of bidders nor did PLAs rais e prices relative to the engineer’s estimates. Increased Construction Cost: A PLA study from 2021 by the RAND Corporation, The Effects of Project Labor Agreements on the Production of Affordable Housing3, examined a $1.2 billion public housing bond measure in Los Angeles (Proposition HHH). The study concluded that an initiative-wide PLA requirement resulted in an estimated 14.5% increase in construction costs for residential units 2 Philips, P., & Waitzman, E. (2017). Project Labor Agreements and Bidding Outcomes: The Case of Community College Construction in California. UC Berkeley: Center for Labor Research and Education. https://escholarship.org/uc/item/6kb1836w 3 Ward, J. (2021). The Effects of Project Labor Agreements on the Production of Affordable Housing: Evidence from Proposition HHH. RAND Corporation. https://www.rand.org/content/dam/rand/pubs/research_reports/RRA1300/RRA1362 - 1/RAND_RRA1362-1.pdf Page 507 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda P a g e | 13 funded by Proposition HHH, reducing the number of units that were ultimately built by an estimated 11%. The study also found that establishing a threshold for the application of the PLA requirement, in this case, the construction of 65-units or more, led to developers disproportionately proposing housing projects that fell below that threshold in an effort to avoid being subject to the PLA requirement. Increased Construction Cost and Reduction in Eligible Bidders: A January 2022 report, Impact of Working Families Ordinance4, prepared for the County of San Diego by economic consultant DTA, concluded that the County’s new ordinance imposing a skilled and trained workforce requirement (that matches current State skilled and trained workforce provisions) and a sick leave requirement on public works projects with budgets over $1.0 million, would result in potential cost increases for construction contracts, from bidders passing on the added cost of providing additional sick leave, in the bid price. They also identified potential reductions in the number of contractors bidding on County contracts and in the number of eligible subcontractors as additional outcomes of the new ordinance. No Impact to Construction Cost: In a PLA study from 2015, Did PLAs on LA Affordable Housing Projects Raise Construction Costs?5, professors from the University of Utah studied 130 affordable housing projects constructed in the County of Los Angeles between 2008 and 2012, nine of which were constructed under a PLA. The authors concluded that the PLA projects were not more expensive to build than comparable projects not governed by project labor agreements. Next Steps Staff requests City Council feedback on the above Citywide PLA and PLA Ordinance recommendations. With that feedback, staff will continue negotiating a Citywide PLA with the San Diego County Building and Construction Trades Council and the Carpenters Union, as well as drafting a Citywide Ordinance for City Council consideration. 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 Councilmember, 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 as a result of receiving this report or approving the Ordinance. If approved, all staff costs associated with implementing the Ordinance will be recovered through permit 4 DTA. (2022). County of San Diego: Impact of Working Families Ordinance. https://www.sandiegocounty.gov/content/dam/sdc/olse/RES_PWFOrdinance_EconomicAnalysis.pdf 5 Philips, P. & Littlehale, S. (2015). Did PLAs on LA Affordable Housing Projects Raise Construction Costs? University of Utah: Department of Economics. https://economics.utah.edu/research/publications/2015_03.pdf Page 508 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda P a g e | 14 inspection fees, resulting in no net fiscal impact to the General Fund or Development Services Fund as a result of this action. ONGOING FISCAL IMPACT All staff costs associated with implementing the Ordinance will be recovered through permit inspection fees, resulting in no net fiscal impact to the General Fund or Development Services Fund as a result of this action. ATTACHMENTS 1. Labor Relations Ad Hoc Subcommittee Report 2. Draft Construction Contractor and Subcontractor Reporting Ordinance Staff Contact: Tiffany Allen, Assistant City Manager Page 509 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda MEMORANDUM OFFICE OF COUNCILMEMBER ANDREA CARDENAS DATE: TO: FROM: SUBJECT: May 9, 2023 City Manager, Mayor and City Councilmembers Councilmember Andrea Cardenas Report on findings and recommenda1ons from the Labor Rela1ons Ad-Hoc Subcommi<ee Background On March 28, 2023, the Chula Vista City Council approved the establishment of a Labor RelaLons Ad-Hoc SubcommiOee comprising of Deputy Mayor Jose Preciado, and Councilmember Andrea Cardenas. Since then, the subcommiOee has held a series of meeLngs with various stakeholders to discuss issues regarding safety condiLons and enhancements for traffic control workers, the potenLal need for a contractor transparency ordinance, and the process to adopt a citywide project labor agreement (PLA). Safety Enhancements RepresentaLves from Laborers Local 89 brought forward an issue relaLng to safety hazards affecLng workers performing traffic control duLes. They have requested that our City follow the lead of both the City and the County of San Diego who have recently began the process of addressing these issues through policy amendments. Contractor Transparency Ordinance JurisdicLons throughout San Diego County have recently adopted Contractor Transparency Ordinances to protect workers and promote transparency in relaLon to City construcLon and right-of way projects. For the City of Chula Vista, this would primarily mean that contractors would be required to disclose subcontractor informaLon on projects being permiOed by the City of Chula Vista and that both contractors and subcontractors are following legal, safety, and labor standards. Citywide Project Labor Agreement (PLA) In March of 2020 with 68% of the vote, the voters of Chula Vista approved ballot measure “E” rescinding the ban on the city to enter into project labor agreements and authorized the city to conduct such negoLaLons and agreements. Measure E removed inconsistencies between City laws, and state laws that generally operate to disqualify ciLes with anL-PLA laws from receiving state funding for local infrastructure projects. Page 510 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Conclusion As a result of a series of meeLngs with interested parLes, and the supporLng documents we received, it is the recommendaLon of this commiOee that Council supports that a referral be made to the City Manager’s office for the following: - Draa a municipal code amendment to address safety condiLons and enhancements impacLng traffic control workers. - Develop a labor transparency ordinance to be consistent with similar policies across the County of San Diego, and idenLfy City needs for ordinance enforcement. - Formally engage in the process to develop a citywide Project Labor Agreement (PLA) with input from the San Diego Building and ConstrucLon Trades Council. AOachments: City of San Diego Staff Report RE: Transparency Ordinance Subcontractor Transparency Models Laborers Local 89 LeOer to Council, 01/06/2023 Page 511 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda The City of San Diego Staff Report Page 1 of 4 DATE ISSUED: May 18, 2022 TO: City Council FROM: Office of Mayor Todd Gloria SUBJECT: Contractor Transparency Amendment to the Municipal Code and Local Coastal Program Primary Contact: Jessica Lawrence Phone: (619) 236-7156 Secondary Contact: Elyse Lowe Phone: (619) 446-5423 Council District(s): Citywide OVERVIEW: The Contractor Transparency Amendment will implement California state Business and Professions Code requirements regarding licensing and insurance for contractors. The Contractor Transparency Amendment will amend the Municipal Code to implement and comply with state law while also working to promote transparency for construction permits and right-of-way permits by requiring contractors to disclose subcontractor information on projects permitted by the City of San Diego. The goal of this ordinance is to create a culture of safety and legal compliance citywide while ensuring that labor standards are upheld. This ordinance seeks to advance the protection of workers’ rights; end labor exploitation by rooting out labor violations and unqualified operators; protect law-abiding contractors; and provide economic justice in the contracting process. PROPOSED ACTIONS: Approve the proposed Contractor Transparency Amendment to the Municipal Code and Local Coastal Program. DISCUSSION OF ITEM: The Land Development Code (LDC) of the San Diego Municipal Code (SDMC) provides the City's regulations for the development and use of property within the City of San Diego and provides information on zoning, subdivisions, grading and other related land use activities. The LDC is updated Page 512 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 2 of 4 regularly through comprehensive updates that promote in-fill development and streamline the permitting process, and through single-issue or topic-specific updates as needed. The California Business and Professions Code Division 3, Chapter 9 requires all persons performing contracting work on any project valued at $500 or more in combined labor and material costs to be licensed by the Contractors State Licensing Board. Exceptions are made for property owners performing their own work, known as an “owner-builder.” These state law requirements are not currently reflected in the City’s Municipal Code. The proposed Contractor Transparency Amendment would codify the state regulations into the City’s Municipal Code and ensure that contractors and subcontractors have all required certifications, trainings, and insurance by amending Chapter 12, Article 9, Division 1. The new regulations will be codified as SDMC as Section 129.0121, “License and Insurance Requirements for Contractors and Subcontractors” and will apply to applications for building, electrical, plumbing/mechanical, demolition/removal, grading, public right-of-way and fire permits for the following development activities: • Residential and mixed-use development consisting of or involving twenty or more dwelling units, including single dwelling unit subdivisions. • Commercial or industrial development that proposes 20,000 square feet or more of tenant improvements or 20,000 square feet of additional gross floor area. • Any development that requires a Public Right-of-Way Permit. To demonstrate compliance with the regulations, the applicant will be required to provide the following: • A list of all project contractors and subcontractors that includes the following information for each contractor and subcontractor: o Valid worker’s compensation insurance information, including policy number and expiration date; o State contractor license number, license category, and license expiration date; o City business license number and expiration date; o State and federal tax identification numbers; and o Whether the contractor or subcontractor has any pending and/or prior enforcement actions for any state or federal labor violations or paid any penalties to a government agency related to the provisions of the California Labor Code. • For Public Right-of-Way Permits, the applicant shall also state whether the work to be performed requires safety certifications, safety trainings, professional certifications, or professional licenses. If any of these apply, the applicant shall provide the following: o A list of the certifications, trainings, and/or licenses required for the work; and Page 513 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 3 of 4 o Confirmation that the applicant’s employees or the employees of the relevant contractor, subcontractor, or agent have the required certifications, trainings and/or licenses, specifying the contractor, subcontractor, or agent if applicable. Applicants will be required to provide the information at the time of permit issuance. If the applicant is unable to provide the information prior to permit issuance, or in the event the permit holder adds or changes contractors or subcontractors following permit issuance, the applicant will be required to provide the information prior to the new contractor or subcontractor starting work. In the event that any of the required information changes for any of the contractors or subcontractors, the applicant will be required to provide the information prior to the contractor or subcontractor undertaking any further work on the project. Compliance with the Contractor Transparency Amendment will be enforced by the Development Services Department at the time of permit issuance and will document any submitted changes following permit issuance. Any work performed without satisfying the requirements of the regulations shall be deemed performed without the required construction permit and shall be subject to code enforcement actions and remedies. The Office of Labor Standards and Enforcement will provide additional oversight through a stakeholder working group. According to the Contractors State Licensing Board, unlicensed contractors lack accountability and have a high rate of involvement in construction scams. Additionally, unlicensed contractors are unfair competition for licensed contractors who operate with bonds, insurance, and other responsible business practices. In addition to enforcing the requirements of the California Business and Professions Code, the Contractor Transparency Amendment furthers the City’s commitment to transparency, safety, and accountability; protection of workers’ rights; rooting out labor violations and unqualified operators; and the protection of consumers and law abiding contractors. The Contractor Transparency Amendment was presented to stakeholder groups that included City staff in implementing departments, construction industry, building industry, labor and union stakeholders. Per SDMC Section 111.0107(a)(2), because the proposed amendments do not include amendments to the City’s zoning regulations, a review and recommendation by the Planning Commission is not required. The Contractor Transparency Amendment implements California state Business and Professions Code requirements regarding licensing and insurance for contractors. The Contractor Transparency Amendment will amend the Municipal Code to implement and comply with state law while also working to promote transparency for building permits and right-of-way permits by requiring contractors to disclose subcontractor information on projects permitted by the City of San Diego. The goal of this ordinance is to create a culture of safety and legal compliance citywide while ensuring that labor standards are upheld. This ordinance seeks to advance the protection of workers’ rights; end labor exploitation by rooting out labor violations and unqualified operators; protect law-abiding contractors; and provide economic justice in the contracting process. Therefore, staff recommends that the City Council approve the proposed Contractor Transparency Amendment to the Municipal Code and Local Coastal Program. Page 514 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 4 of 4 City Strategic Plan Goal(s)/Objective(s): The Contractor Transparency Amendment directly supports the Strategic Plan’s Priority Areas: Create Homes for All of Us, Protect and Enrich Every Neighborhood, and Foster Regional Prosperity by ensuring that residential, non-residential and infrastructure projects are constructed efficiently and safely by qualified contractors and subcontractors. Fiscal Considerations: None. Costs associated with implementation of this ordinance would be covered by project applicants. Charter Section 225 Disclosure of Business Interests: N/A; there is no contract associated with this action. Environmental Impact: The CEQA and Environmental Policy Section of the Planning Department has reviewed the Contractor Transparency amendments and have determined that this activity is not subject to CEQA pursuant to CEQA Guidelines Section 15060(c)(2) as the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment. Previous Council and/or Committee Actions: This item will be heard at the Land Use and Housing Committee prior to Council. Key Stakeholders and Community Outreach Efforts: Key Stakeholders include neighborhood and community planning groups, residents, property owners, business owners, and contractors, subcontractors and their workers. Jessica Lawrence Elyse W. Lowe Director of Policy Director of Development Services Page 515 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Subcontractor Transparency Models This type of provision can be added to city code sections concerning right-of-way permits or construction permits, or changes can be made administratively to manuals, regulations, or forms. The practicalities of implementation can be just as important - issues such as forms, how information is stored in databases and if that information is accessible to the public, and what a locality’s resources are for inspections and permitting enforcement. Subcontractors and safety in the public rights-of-way (a)As a requirement of obtaining a Public Right-of-Way Permit, all applicants shall disclose to the City prior to the issuance of the Permit the identity of each contractor, subcontractor, or agent that will perform work authorized by the permit in the right-of-way, whether a sole proprietor, independent contractor, company, or other entity. If there are any changes to the entities that will perform permitted work in the right-of-way after submission, the applicant shall update the City with new information within 24 hours. (b)The applicant shall provide documentation demonstrating that each contractor, subcontractor, or agent that will perform permitted work in the right-of-way is properly licensed to work in the state and has legally required workers’ compensation coverage. The applicant shall verify if a contractor, subcontractor, or agent has any pending enforcement actions for California Labor Code violations. (c)The applicant shall state in its application whether the work to be performed requires certain safety certifications, safety trainings, professional certifications, or professional licenses (collectively, “certifications”). If so, the applicant shall specify the certifications required for the specific work, and affirm that applicant’s employees or the employees of the relevant contractor, subcontractor, or agent have such certifications, specifying the contractor, subcontractor or agent if applicable. (d)A copy of the permit obtained shall be maintained on the job site by the contractor or anyone performing work and it shall be made available for inspection upon request by any officer or employee of the city. (e)Enforcement a.Any work performed prior to satisfying the requirements of this Section shall be deemed performed without the required permits. Failure to abide by the requirements of this Section shall result in (1) revocation of any permit issued by the City; (2) issuance of a stop work order. b.Any violation of this Section shall be deemed a misdemeanor violation. The applicant shall pay applicable penalties or fines prior to the issuance of any new permit. c.The Office of Labor Standards has non-exclusive authority to enforce this Section. The OLSE will promulgate regulations regarding enforcement as necessary, including Page 516 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda rules creating a mechanism for community organizations to file complaints and participate in enforcement. Page 517 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 518 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 519 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda C:\Program Files\eSCRIBE\TEMP\19522175080\19522175080,,,Ordinance.docx ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 2.71, “CONSTRUCTION CONTRACTOR AND SUBCONTRACTOR REPORTING” TO TITLE 2 OF THE CHULA VISTA MUNICIPAL CODE TO ENHANCE LOCAL COMPLIANCE WITH LABOR STANDARDS WHEREAS, the City of Chula Vista (the “City”) desires to create a culture of safety, accountability, and legal compliance to increase transparency and ensure that labor standards are upheld; and WHEREAS, California Business and Professions Code Division 3, Chapter 9 requires all persons performing contracting work on any project valued at $500 or more in combined labor and material costs to be licensed by the Contractors State Licensing Board; and WHEREAS, unlicensed contractors lack accountability and compete unfairly with licensed contractors who operate with bonds, insurance, and other responsible business practices; and WHEREAS, the City strives to protect human rights, protect workers’ rights, and end labor exploitation by identifying labor violations and unqualified operators; and WHEREAS, enhancing local compliance with labor standards protects public health, safety and welfare and is in the best interest of the City and its residents. NOW, THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Chapter 2.71 is added to the Chula Vista Municipal Code to read as follows: Chapter 2.71 CONSTRUCTION CONTRACTOR AND SUBCONTRACTOR REPORTING Sections: 2.71.010 Title 2.71.020 Purpose and Intent 2.71.030 Definitions 2.71.040 Reporting Requirements 2.71.050 Penalty for Violations 2.71.060 Appeal Procedures 2.71.070 Effective Date Page 520 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Ordinance Page 2 2.71.010 Title This chapter is known as the “Construction Contractor and Subcontractor Reporting Ordinance,” may be cited as such, and will be referred to herein as “this chapter”. 2.71.020 Purpose and Intent The purpose of this chapter is to protect the public health, safety, and welfare by enhancing local compliance with the California Business and Professions Code. 2.71.030 Definitions When used in this chapter, the following words and phrases shall have the meanings ascribed to them below. Words and phrases not specifically defined below shall have the meanings ascribed to them elsewhere in this Code, or shall otherwise be defined by common usage. For definitions of nouns, the singular shall also include the plural; for definitions of verbs, all verb conjugations shall be included. “City” means the City of Chula Vista. “City Manager” means the City Manager of the City of Chula Vista, or designee. “Code” means the City of Chula Vista Municipal Code. “Contractor” means the prime contractor or general contractor for the Project. “Director of Development Services” means the Director of Development Services of the City of Chula Vista, or designee. “Inspected Work” means the scope of work to be performed, subject to issuance of a Permit and inspection by the City. Work performed on a Project that is not subject to a Permit and inspection is excluded. “Permit” means any building permit, mechanical permit, plumbing permit, electrical permit, demolition permit, land development permit, grading permit, construction permit, utility permit, or fire permit issued for a Project. “Permittee” means any property owner, property owner’s authorized agent, or licensed contractor who obtains a Permit for a Project. “Person” means any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination of Persons acting as a unit. Page 521 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Ordinance Page 3 “Project” means a residential or mixed-use development consisting of twenty or more dwelling units, a non-residential development that proposes 20,000 square feet or more of tenant improvements or additional new gross floor area, or utility work in the City right-of-way. “Qualifying Subcontractor” means a subcontractor of any tier performing the Inspected Work. 2.71.040 Reporting Requirements A. Acknowledgement. As a condition of Permit issuance, the Permittee shall affirmatively acknowledge their obligations pursuant to this chapter. B. Duty to Provide Information. As a condition of receiving City inspections, the Permittee shall, under penalty of perjury, submit the following information to the City: 1. The identity of each Contractor and Qualifying Subcontractor that will perform the Inspected Work, whether a sole proprietor, independent contractor, company, or other entity. 2. For each Contractor and Qualifying Subcontractor so identified: a. State contractor’s license number, license category, and license expiration date. b. City business license number and expiration date. c. State and federal tax identification numbers. d. Valid worker’s compensation insurance information, including policy number and expiration date. e. Any previous and/or pending enforcement actions resulting from violations of state or federal labor law, along with any penalties paid, criminal convictions, or judgements related to the provisions of the California Labor Code or the Federal Labor Standards Act. f. Scope of Inspected Work to be performed. C. Duty to Update Changed Information. At any time between Permit issuance and final inspection, if a change occurs in any information submitted to the City pursuant to Section 2.71.040(A) of this chapter, the Permittee shall submit updated information to the City within 72 hours of Permittee’s knowledge of such change, excluding weekends and Holidays. 2.71.050 Penalty for Violations A. It shall be unlawful for any Permittee to fail to comply with the requirements of this chapter. Page 522 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Ordinance Page 4 B. City shall withhold inspections for any Inspected Work until such compliance is achieved. C. The Director of Development Services may issue a stop work order if a second violation of this chapter is committed in connection with the same Permit within a continuous period of 12 months. A stop work order issued pursuant to this chapter shall be made in writing and served on the Permittee via certified mail. Notice of such stop worker order shall also be conspicuously posted at the job site of the subject Permit. D. The Director of Development Services may revoke a Permit if more than two violations of this chapter are committed in connection with the same Permit within a continuous period of five years. Prior to taking such action, the Director of Development Services shall issue a written notice of intention to revoke the Permit. The written notice shall be served on the Permittee, shall specify the facts which, in the opinion of the Director of Development Services, constitute substantial evidence to establish grounds for revocation, and state that the Permit shall be revoked within 30 calendar days from the date the notice is given unless the Permittee files a request with the City Clerk for an administrative hearing to appeal the decision pursuant to CVMC 2.71.060. E. The penalties specified in this section shall be the sole penalties available under local law for a violation of this chapter. F. In accordance with CVMC 15.04.015 and 15.06.080, no Person shall perform work or cause work to be performed prior to issuance of a Permit. 2.71.060 Appeal Procedures A. A Permittee may appeal the decision of the Development Services Director to revoke a Permit to the City Manager within 30 calendar days from the date the notice is given. Said appeal shall be in writing and filed with the City Clerk upon forms provided by the Development Services Department and shall specify therein that the decision of the Director of Development Services was in error and identify the facts and circumstances on which the claim of error is based. If any appeal is filed within the time limit specified, it shall automatically stay proceedings in the matter until a determination is made by the City Manager. The City Manager shall set the matter for hearing before a hearing examiner and notify the parties in writing of the date and location of the hearing at least 10 business days prior to said date. B. The fee to request an appeal pursuant to this chapter shall be in the form of a deposit, the amount to be determined by the City Manager in accordance with any applicable law based on the anticipated staff cost to conduct the hearing. If the cost of the hearing or appeal exceeds the deposited amount, the Permittee shall be responsible for payment of the additional costs incurred. If the hearing officer determines that the violation is not supported by the evidence, the entire deposited amount will be returned to the Permittee. The appeal hearing shall be conducted pursuant to CVMC 1.30.090 and 1.30.100. Page 523 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Ordinance Page 5 2.71.070 Effective Date This chapter shall apply to all Permits for which a Permit application is received by the City on or after January 1, 2024. No enforcement action shall be taken pursuant to this chapter until July 1, 2024. 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 Tiffany Allen Jill D.S. Maland Assistant City Manager Lounsbery Ferguson Altona & Peak Acting City Attorney Page 524 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda August 2, 2023 To: Mayor John McCann (via electronic submittal) Councilmember Carolina Chavez Councilmember Jose Preciado Councilmember Alonso Gonzalez Councilmember Andrea Cardenas Subject: August 8, 2023 Contractor Transparency Ordinance and Project Labor Agreements Dear Honorable Members of the City of Chula Vista City Council: The housing crisis in our region is threatening the health, safety and well-being of all San Diego residents. The only solution to the housing crisis is to build more homes. The City’s current proposal s related to a Contractor Transparency Ordinance and Project Labor Agreements (PLA) will collapse the housing market in Chula Vista. The BIA opposes all aspects of the proposal being presented to City Council on August 8, 2023, for the following reasons: 1. Inadequate Stakeholder Engagement: On May 9, 2023 the City Council approved a motion to “Formally engage in the process of developing a citywide Project Labor Agreement (PLA) with input from the San Diego Building and Construction Trades Council.” Limiting public participation to one stakeholder group is in direct conflict with the City’s Justice, Equity, Diversity and Inclusion Efforts. Our organization is deeply confused why traditional stakeholder engagement would not apply to this policy proposal. The City of Chula Vista has 9,056 registered In-City businesses, 90% of which are 10 or fewer employees. 2,535 of these local businesses hold Women-Owned, Minority-Owned, Veteran- Owned or Disabled-Owned certifications(source). These small and emerging business are the ones that will be hurt most by the PLA proposal and Contractor Transparency Ordinance. These are the organizations that should be offered the opportunity to provide stakeholder input. The motion made on May 9 begs the questions – Do policy makers in Chula Vista truly want to have a robust discussion about what would best serve the residents of Chula Vista? Do the elected officials with the City of Chula Vista work for the citizens in the City, or do they work exclusively for the San Diego Building and Construction Trades Council? 2. Economic Analysis: The City must conduct an economic analysis related to their PLA proposal to identify if the costs related to implementing these policies outweigh the benefits and if implementation of such policies will halt the development of homes in the City. It is well known that PLAs significantly increase project costs and result in fewer overall housing units. Specifically, PLA can add approximately $43,000 per housing unit to projects covered by the agreement — a 14.5 percent increase in construction costs(6). In California, the average development cost for a unit of affordable housing ranges from $400,000 to $700,000, or 15 to 50 percent higher than the average development costs for a unit of affordable housing in other parts of the nation (7). If we acknowledge we have a housing crisis, any costs added to the production of Page 525 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda housing should not be considered, at all. Likewise, evaluating what it would cost a General Contractor to submit the required information for the Contractor Transparency Ordinance needs to be understood. The economic impacts of the Contractor Transparency Ordinance and the Project Labor Agreements must be evaluated before both proposals are implemented. 3. Precedent Setting and Infeasible Requirements: The requirements outlined in the proposed Contractor Transparency Ordinance far exceed those adopted by any surrounding jurisdiction. The proposed wording is infeasible to comply with. Creating a regulatory framework that increases construction risk in the City to a level beyond any surrounding jurisdiction will result in a significant reduction in residential development within the City. Specifically, • The proposed wording within Section 2.71.050 puts a significant disadvantage on Chula Vista’s small, local contractors that work in the development industry. There is no clear path to resolution or implementation in this section. Proposing policies that greatly increase risk for companies to do business in the City will result in businesses leaving the City. • State and federal law and regulatory entities exist to monitor enforcement actions related to labor law violations. When the government fails to do their job, developers should not be required to do it for them. The reporting requirements identified in Section 2.71.040(B)(2)(e) tasks private companies with implementing the responsibilities of government entities. This requirement must be removed from the ordinance. The housing crisis in our region is much larger than anyone has acknowledged. Any addition of regulatory policy that is not based on market economics and transparent stakeholder engagement will exacerbate the housing crisis. In 2022, 14,592 San Diegan’s identified as homeless.(1) 303,656 San Diego households are currently on a waiting list for housing assistance services.(2) The median listing home price in San Diego in June 2023 was $1 million.(3) The median income in the City of Chula Vista is $92,913.(4) In order to qualify for a mortgage for a million dollar home , a person would need to make between $195,000 and $210,000 annually or $16,300 per month .(5) San Diego’s lack of existing homes has caused rental and sale costs to skyrocket to a level completely unaffordable to most Chula Vista residents. The housing crisis is urgent and is affecting every community and every income level in our region. We must increase the housing supply to meet the housing demand of the people. There is no other solution but to unwind the regulatory process that has created a structure where it is nearly infeasible for developers to gain entitlements and break ground on new residential construction. We need new homes built quickly, in every community and of every type – subsidized, market rate, rentals, owner, single family and multi- family. We cannot add additional regulations that will further collapse the market. Please vote no on this proposal. Sincerely, Page 526 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Hannah Gbeh Vice President of Government Affairs Building Industry Association of San Diego County hannah@biasandiego.org Sources: 1. 2-1-1 San Diego Client Profile Report CY 2022. https://211sandiego.org/wp-content/uploads/2023/03/2-1-1-San-Diego- Client-Profile-Report-All-Clients-CY2022-2023-02-24.pdf 2. San Diego Housing Commission. Annual Report for Fiscal Year 2022. https://www.hud.gov/sites/dfiles/PIH/documents/SanDiegoFY22Report. pdf 3. Realtor.com. https://www.realtor.com/realestateandhomes-search/San- Diego_CA/overview Chula Vista Diego. 2022. https://www.census.gov/quickfacts/fact/table/chulavistacitycalifornia,san diegocitycalifornia,US/PST045222 4. Fortune.com. https://fortune.com/recommends/mortgages/how-much- salary-to-buy-1-million-home/ 5. Fiscal Year 2024. Elev Chula Vista. Office of Economic Development Work Plan. https://www.canva.com/design/DAFioHzMCM8/- DrfhOVBW_B_wxVL-4rJ- g/view?utm_content=DAFioHzMCM8&utm_campaign=designshare&ut m_medium=link&utm_source=publishsharelink#1 6. The Effects of Project Labor Agreements on the Production of Affordable Housing. https://www.rand.org/pubs/research_reports/RRA1362-1.html 7. California 100. Housing and Community Development in California. Housing-and-Community-Development-FOT-REPORT-Single-pages- FINAL.pdf (california100.org) Page 527 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Written Communications Item 8.2 – Brencick – Received 8/4 From: Paul Brencick < Sent: Friday, August 4, 2023 1:28 PM To: CityClerk <CityClerk@chulavistaca.gov> Subject: Agenda Item 8.2 WARNING - This email originated from outside the City of Chula Vista. Do not click any links and do not open attachments unless you can confirm the sender. PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to reportphishing@chulavistaca.gov Dear Mayor McCann & City Councilmembers, I am contacting you today to request that you vote NO onAgenda Item 8.2. The City’s current proposals related to a Contractor Transparency Ordinance and Project Labor Agreements (PLA) will collapse the housing market in Chula Vista. The requirements outlined in the proposed Contractor Transparency Ordinance are infeasible and far exceed those adopted by any surrounding jurisdiction. The City should also conduct an economic analysis related to their PLA proposal. Additionally, far more local organizations should be offered the opportunity to provide stakeholder input on these items. Creating a regulatory framework that increases construction risk in the City to a level beyond any surrounding jurisdiction will result in a significant reduction in residential development within the City. Please vote NO on this proposal. Thank you, Paul Brencick Hunsaker & Associates San Diego, Inc. 9707 Waples Street, San Diego, CA 92121 858) 558-4500 ph (858) 558-1414 fax PBrencick@HunsakerSD.com These electronic files are non-certified recordings of documents prepared by Hunsaker & Associates San Diego, Inc. (H&A). These files are provided only forthe convenience of the Receiving party, are intended solely for the exclusive use by that party and are for the purposes expressly authorized. In accordance with standard industry practice, only printed copies of documents conveyed by H&A may be relied upon. Any use of the information obtained or derived from these electronic files will be at the Receiving Party's sole risk. You don't often get email from Learn why this is important Page 528 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Written Communications Item 8.2 – Cruz – Received 8/4 From: Sean Santa Cruz < Sent: Friday, August 4, 2023 1:15 PM To: CityClerk <CityClerk@chulavistaca.gov>; jmccann@chulavista.gov; acardenas@chulavista.gov Cc: cchavez@chulavista.gov; jpreciado@chulavista.gov; agonzalez@chulavista.gov Subject: August 8, 2023- Agenda Item 8.2: Labor Relations: Report on Implementation of Recommendations from the City Council Ad-Hoc Subcommittee WARNING - This email originated from outside the City of Chula Vista. Do not click any links and do not open attachments unless you can confirm the sender. PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to reportphishing@chulavistaca.gov Dear Mayor McCann & City Councilmembers, I am contacting you today to request you vote NO on Agenda Item 8.2. The City’s current proposals related to a Contractor Transparency Ordinance and Project Labor Agreements (PLA) will collapse the housing market in Chula Vista. The requirements outlined in the proposed Contractor Transparency Ordinance are infeasible and far exceed those adopted by any surrounding jurisdiction. The City should also conduct an economic analysis related to their PLA proposal. Additionally, far more local organizations should be offered the opportunity to provide stakeholder input on these items. Creating a regulatory framework that increases construction risk in the City to a level beyond any surrounding jurisdiction will result in a significant reduction in residential development within the City. Please vote NO on this proposal. Sean Santa Cruz VP Planning and Development Hallmark Communities, Inc. 740 Lomas Santa Fe Drive | Suite 204 | Solana Beach, CA 92075 P: 858-481-3310 EXT 108 | F: 858-481-6325 Contractor License No. 506264 | DRE #01106135 You don't often get email from Learn why this is important Page 529 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Written Communications Item 8.2 – Geyer – Received 8/4 From: Brett Geyer < Sent: Friday, August 4, 2023 1:38 PM To: CityClerk <CityClerk@chulavistaca.gov> Cc: jmccann@chulavista.gov; cchavez@chulavista.gov; jpreciado@chulavista.gov; agonzalez@chulavista.gov; acardenas@chulavista.gov Subject: Agenda Item 8.2: Labor Relations: Report on Implementation of Recommendations from the City Council Ad-Hoc Subcommittee on Labor Relations and Request for Direction WARNING - This email originated from outside the City of Chula Vista. Do not click any links and do not open attachments unless you can confirm the sender. PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to reportphishing@chulavistaca.gov Dear Mayor McCann & City Councilmembers, I am contacting you today to request you vote NO on Agenda Item 8.2. The City’s current proposals related to a Contractor Transparency Ordinance and Project Labor Agreements (PLA) will collapse the housing market in Chula Vista. The requirements outlined in the proposed Contractor Transparency Ordinance are infeasible and far exceed those adopted by any surrounding jurisdiction. The City should also conduct an economic analysis related to their PLA proposal. Additionally, far more local organizations should be offered the opportunity to provide stakeholder input on these items. Creating a regulatory framework that increases construction risk in the City to a level beyond any surrounding jurisdiction will result in a significant reduction in residential development within the City. Please vote NO on this proposal. Brett Geyer Office: 858.755.1811 | Fax: 858.755.1810 7556 Trade St. | San Diego, CA 92121 Brett@jgeyerplumbing.com Home plumbing services! check out our website: www.pawsplumbing.com | 1-800-441-PAWS You don't often get email from Learn why this is important Page 530 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda From: webmaster@chulavistaca.gov <webmaster@chulavistaca.gov> Sent: Sunday, August 6, 2023 5:34 PM To: CityClerk <CityClerk@chulavistaca.gov> Subject: City Clerk Contact Us - Web Notification WARNING - This email originated from outside the City of Chula Vista. Do not click any links and do not open attachments unless you can confirm the sender. PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to reportphishing@chulavistaca.gov A new entry to a form/survey has been submitted. Form Name: City Clerk Date & Time: 08/06/2023 5:34 PM Response #: 777 Submitter ID: 110878 IP address: 207.114.172.186 Time to complete: 0 min. , 39 sec. Survey Details Page 1 Office of the City Clerk 276 Fourth Avenue Chula Vista, CA 91910 Phone: 619) 691-5041 Hours of Operation: Monday - Thursday, 8:00 a.m. - 5:00 p.m. Friday, 8:00 a.m. - 12:00 p.m. Please feel free to contact us with any comments or questions by filling out the form below. First Name victor Last Name krebs Email Address Comments Dear Mayor McCann & City Councilmembers, I am contacting you today to request you vote NO on Agenda Item 8.2. The City’s current proposals related to a Contractor Transparency Ordinance and Project Labor Agreements (PLA) will collapse the housing market in Chula Vista. The requirements outlined in the proposed Contractor Transparency Ordinance are infeasible and far exceed those adopted by any surrounding jurisdiction. The City should also conduct an economic analysis related to their PLA proposal. Additionally, far more local organizations should be offered the opportunity to provide stakeholder input on these items. Creating a regulatory framework that increases construction risk in the City to a level beyond any surrounding jurisdiction will result in a significant reduction in residential development within the City. Please vote NO on this proposal. Thank you, City of Chula Vista This is an automated message generated by Granicus. Please do not reply directly to this email. Written Communications Item 8.2 - Krebs - Received 8/7 mailto:webmaster@chula vistaca.gov mailto:webmaster@chula vistaca.gov mailto:CityClerk@chula vistaca.gov mailto:reportphishing@chula vistaca.gov mailto:victor.krebs@c olliers.com Page 531 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda From: Ansermio Jake Estrada < Sent: Monday, August 7, 2023 11:54 AM To: CityClerk <CityClerk@chulavistaca.gov> Cc: Carol Kim <Carol@SDBuildingTrades.com> Subject: Agenda Item 8.2 Importance: High WARNING - This email originated from outside the City of Chula Vista. Do not click any links and do not open attachments unless you can confirm the sender. PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to reportphishing@chulavistaca.gov Dear Mayor & City Councilmembers, On behalf of the San Diego County Building & Construction Trades Council, made up of 22 affiliate unions with over 35,000 workers, we respectfully request that the Chula Vista City Council supports staff recommendations on Agenda Item 8.2 and move forward with negotiating a Citywide project labor agreement (PLA). When negotiated well and in good-faith, PLAs ensure projects not only meet their deadlines on time and on budget, but they also guarantee quality, family-sustaining jobs, and career training opportunities for local workers, as exemplified by many hundreds of successfully completed construction projects across San Diego County over the past two decades. Unfortunately, over the past several decades, PLAs have been entangled in an ideological debate that often eclipsed reason. PLAs act as powerful tools to ensure stronger workforce standards that act as drivers in the local economy. PLAs should be viewed for exactly what they have always intended to be: a tool to provide and ensure value on construction projects, for workers, for taxpayers, and for businesses. Please find our official statement attached to this email and include in the online backups for Agenda Item 8.2 at Tuesday, August 08, 2023’s regular meeting of the Chula Vista City Council. Please support staff recommendations on Agenda Item 8.2 and move forward with negotiating a Citywide project labor agreement (PLA). Yours in service, Ansermio Jake Estrada San Diego Building & Construction Trades Council he/him/his) You don't often get email from Written Communications Item 8.2 - Estrada - Received 8/7 mailto:Ansermio@SDBuildin gTrades.com mailto:CityClerk@chula vistaca.govmailto:Carol@SDBuilding Trades.com mailto:reportphishing@chula vistaca.gov mailto:ansermio@sdbuil dingtrades.com https://aka.ms/ LearnAboutSenderId entification Page 532 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 3737 Camino del Rio So. Suite 202, San Diego, CA 92108 Telephone: (619) 521-2914 Fax (619) 521-2917 August 7, 2023 Honorable Mayor John McCann Councilmember Andrea Cardenas Honorable Councilmember Carolina Chavez Councilmember Alonso Gonzalez Councilmember Jose Preciado City Hall 276 Fourth Avenue Chula Vista, CA 91910 Re: City-Wide PLA – Ensuring working families and communities are protected Dear Honorable Members of the Chula Vista City Council: City of Chula Vista officials are presented with an opportunity following the passage of 2020’s Measure E, to implement meaningful local hire policies, establish robust job quality standards, and secure state and federal funding for critical infrastructure projects. The San Diego Building and Construction Trades Council, representing 22 unions with over 35,000 workers, respectfully requests that the Chula Vista City Council supports staff recommendations and move forward with negotiating a Citywide project labor agreement (PLA) with the appropriate stakeholders. When negotiated well and in good-faith, PLAs ensure projects not only meet their deadlines on time and on budget, but they also guarantee quality, family-sustaining jobs, and career training opportunities for local workers, as exemplified by many hundreds of successfully completed construction projects across San Diego County over the past two decades. In point of fact, while the usage of PLAs may be relatively new to the city of Chula Vista, these type of labor agreements have been utilized within the United States since World War I.1 PLAs have proven – time and time again – to set clear, upfront expectations and standards which means construction bids are more accurate and projects are kept on schedule, keeping taxpayer dollars guarded and unwasted. 1 Belman, D., & Bodah, M. M. (2010). Building Better: A Look at Best Practices for the Design of Project Labor Agreements. Economic Policy Institute. https://files.epi.org/page/-/pdf/BP274.pdf Written Communications Item 8.2 - Estrada - Received 8/7 Page 533 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 3737 Camino del Rio So. Suite 202, San Diego, CA 92108 Telephone: (619) 521-2914 Fax (619) 521-2917 The logistical hurdles of complex construction projects can be compounded by the sheer number of skilled and trained workers (laborers, electricians, operating engineers, painters, plumbers, etc.) needed on a jobsite at any given time. Coordination of multiple contractors and workers, while implementing local hire goals and upholding strong job quality standards, is a critical and challenging task--one which, if poorly done, will have negative effects on timeliness, quality of product, and worker safety and dignity. PLAs offer a tested and effective method to improve productivity, support innovation in organization and work structures, all while increasing efficiency and reducing costs. PLAs easily incorporate and uphold prevailing wage requirements on publicly subsidized housing and other types of construction projects, and they do not increase the costs of those developments, nor do they decrease the number of bidders on projects. A study conducted by the University of Utah, comparing 130 affordable housing developments in nearby Los Angeles County between 2008 and 2012, found that the nine projects built under PLA did not demonstrate any higher costs than the ones built without a PLA.2 Similarly, a UC Berkeley study that reviewed 263 community college district construction projects across the state, found that the 88 built under PLA did not show a decrease in the number of bidders nor an increase in cost above engineers estimates.3 In fact, San Diego Unified School District, demonstrated that the 200+ projects built under their project stabilization agreement (PSA, also known as a PLA) between 2009 to 2019, came in at 3% savings under engineers’ estimates. PLAs have also been found to be powerful tools with which to support small, local businesses— in particular minority owned business enterprises (MBEs) and disabled veteran business enterprises (DVBEs). San Diego Unified School District (SDUSD), a neighboring public agency serving 121,000 students has utilized a PSA on its capital improvement projects (CIP) since 2009, being worth upwards of $8 billion of construction. While market capacity for MBEs in San Diego County is 1.74%, under SDUSD’s PSA, 9.75% of construction dollars were awarded to MBEs. Similar performance was found with DVBEs: countywide, DVBEs have a market capacity of 1.36%. Under SDUSD’s PSA, DVBEs have been awarded 5.85% of construction dollars, well above the average in construction countywide (largely non-PLA).4 Over the past several decades, PLAs have been entangled in an ideological debate that often eclipsed reason. PLAs act as powerful tools to ensure stronger workforce standards that act as powerful drivers in the local economy. PLAs should be viewed for exactly what they have 2 Philips, P. & Littlehale, S. (2015). Did PLAs on LA Affordable Housing Projects Raise Construction Costs? University of Utah: Department of Economics. https://economics.utah.edu/research/publications/2015_03.pdf 3 Philips, P., & Waitzman, E. (2017). Project Labor Agreements and Bidding Outcomes: The Case of Community College Construction in California. UC Berkeley: Center for Labor Research and Education. https://escholarship.org/uc/item/6kb1836w 4 Lineham, K. & Bañuelos, A.. “Diverse Business Participation Report.” Let’s Do Business: A publication of San Diego Unified School District’s Facilities Planning and Construction Department. Vol. 32, Q2 2023. https://cdnsm5- ss18.sharpschool.com/UserFiles/Servers/Server_27732394/File/Business%20Outreach/SDUSD_LetsDoBusiness_Vo l321Q1_2023_FINAL.pdf Written Communications Item 8.2 - Estrada - Received 8/7 Page 534 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 3737 Camino del Rio So. Suite 202, San Diego, CA 92108 Telephone: (619) 521-2914 Fax (619) 521-2917 always intended to be: a tool to provide and ensure value on construction projects, for workers, for taxpayers, and for businesses. The City of Chula Vista has a unique chance to leverage current CIP dollars to do much more than just build much-needed infrastructure and housing. You have the chance to put taxpayer dollars to work on a true local jobs program that will give Chula Vista working families the resources they need to lift themselves into – and keep themselves in – the middle class. We look forward to partnering with the City to ensure these best outcomes. Warmest regards, Carol Kim Business Manager Additional citations: https://www.dol.gov/general/good-jobs/project-labor-agreement-resource-guide Written Communications Item 8.2 - Estrada - Received 8/7 Page 535 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda From: Alisa Vialpando < Sent: Monday, August 7, 2023 1:59 PM To: John McCann <jmccann@chulavistaca.gov>; CityClerk <CityClerk@chulavistaca.gov>; cchavez@chulavista.gov; jpreciado@chulavista.gov; agonzalez@chulavista.gov; acardenas@chulavista.gov Subject: Request you vote NO on Agenda Item 8.2 WARNING - This email originated from outside the City of Chula Vista. Do not click any links and do not open attachments unless you can confirm the sender. PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to reportphishing@chulavistaca.gov Dear Mayor McCann & City Councilmembers, I am contacting you today to request you vote NO on Agenda Item 8.2. The City’s current proposals related to a Contractor Transparency Ordinance and Project Labor Agreements (PLA) will collapse the housing market in Chula Vista. The requirements outlined in the proposed Contractor Transparency Ordinance are infeasible and far exceed those adopted by any surrounding jurisdiction. The City should also conduct an economic analysis related to their PLA proposal. Additionally, far more local organizations should be offered the opportunity to provide stakeholder input on these items. Creating a regulatory framework that increases construction risk in the City to a level beyond any surrounding jurisdiction will result in a significant reduction in residential development within the City. Please vote NO on this proposal. Thank you for your consideration, Alisa Vialpando Alisa Vialpando, PE President Hunsaker & Associates San Diego, Inc. These electronic filesare non-certified recordings of documents prepared by Hunsaker & Associates San Diego, Inc. (H&A). These files are provided only forthe convenience of the Receiving party, are intended solely for the exclusive use by that party and are for the purposes expressly authorized. In accordance with standard industry practice, only printed copies of documents conveyed by H&A may be relied upon. Any use of the information obtained or derived from these electronic files will be at the Receiving Party's sole risk. Some people who received this message don't often get email from Written Communications Item 8.2 - Vialpando - Received 8/7 mailto:AVialpando@Huns akerSD.com mailto:jmccann@chula vistaca.gov mailto:CityClerk@chula vistaca.govmailto:cchavez@chu lavista.gov mailto:jpreciado@chul avista.gov mailto:agonzalez@chu lavista.govmailto:acardenas@chu lavista.gov mailto:reportphishing@chula vistaca.gov mailto:AVialpando@Hu nsakerSD.com mailto:avialpando@hu nsakersd.com https:// aka.ms/ LearnAbo utSenderI dentificati on https:// aka.ms/ LearnAbout SenderIdenti fication http:// www.hunsa kersd.com/ Page 536 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda From: Heidi W. Mather < Sent: Tuesday, August 8, 2023 2:47 PM To: CityClerk <CityClerk@chulavistaca.gov> Subject: Agenda Item 8.2 WARNING - This email originated from outside the City of Chula Vista. Do not click any links and do not open attachments unless you can confirm the sender. PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to reportphishing@chulavistaca.gov Please see attached letter regarding Item 8.2 on today’s City Council Agenda. I cannot make the meeting due to other commitments. Thank you for consideration of this request. Heidi W. Mather Director of Development CHELSEA INVESTMENT CORPORATION CHELSEA INVESTMENT CORPORATION Please consider the environment before printing this message. THIS EMAIL MAY CONTAIN CONFIDENTIAL OR PROPRIETARY MATERIAL FOR THE SOLE USE OF THE INTENDED RECIPIENT. ANY REVIEW, USE DISTRIBUTION OR DISCLOSURE BY OTHERS IS STRICTLY PROHIBITED. IF YOU ARE NOT THE INTENDED RECIPIENT, PLEASE CONTACT THE SENDER BY REPLY E-MAIL AND DELETE ALL COPIES OF THIS MESSAGE You don't often get email from Learn why this is important Written Communications Item 8.2 - Mather - Received 8/8 Page 537 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Finance Development Management 6339 Paseo Del Lago Carlsbad, CA 92011 Tel (760) 456-6000 Fax (760) 456-6001 www.chelseainvestco.com Mayor McCann and Members of the City Council CITY OF CHULA VISTA VIA EMAIL TO: cityclerk@chulavistaca.gov Re: City Council Agenda of August 8, 2023 Agenda Item No. 8.2 Contractor Transparency Ordinance and PLA Requirements Dear Mayor McCann and Members of the City Council: The purpose of this letter is to respectfully request that you vote NO on Item No. 8.2. Chelsea Investment Corporation is the largest affordable housing developer in San Diego County and we are a consistent provider of affordable housing in Chula Vista. In fact, we are nearing completion of a 200-unit affordable community in the Millenia master plan area. We see the enormous need for safe, affordable housing on a daily basis. All our operating properties in the City of Chula Vista have extremely long waiting lists. All policies affecting the ability to finance and build all housing types should have the same goal in mind – foster an environment to provide more housing. We believe the items for consideration do not meet this objective. Contractor Transparency Ordinance: The requirements outlined in the proposed Contractor Transparency Ordinance are infeasible and far exceed those adopted by any surrounding jurisdiction. The risk of a stop-work withholding inspections and possible revocation of building permits while a project is under construction is not feasible. Lenders and investors will not finance projects, thereby halting future development. PLA Proposal: The City should conduct an economic analysis related to the PLA proposal so any economic impacts to the City, as well as housing production, can be analyzed and considered. Additionally, more local organizations should be offered the opportunity to provide stakeholder input. Adding regulations without considering all the consequences can result in an undesired outcome, including increased housing costs that are borne by the ultimate consumer or the inability to finance and build housing. Written Communications Item 8.2 - Mather - Received 8/8 Page 538 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Please vote NO on Item 8.2. It is harmful to the production of much needed housing for all income levels. Very truly yours, Heidi W. Mather Director of Development Chelsea Investment Corporation Written Communications Item 8.2 - Mather - Received 8/8 Page 539 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 8.1 Report on Implementation of Labor-Relations Referral Chula Vista City Council August 8, 2023 Page 540 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda May 9th Report on Findings & Recommendations of Labor Relations Ad-Hoc Subcommittee 1.Address safety conditions & enhancements impacting traffic control workers 2.Develop a labor transparency ordinance, to be consistent with similar policies in SD region 3.Engage in process to develop a citywide Project Labor Agreement 2Page 541 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Traffic Control Workers Wage Disparity & Safety Referral: •Ordinance adding new chapter to Chula Vista Municipal Code •Establish minimum wage for traffic control workers in public right-of-way •No less than general prevailing wage Challenges: •No existing labor enforcement function •Pending litigation 3Page 542 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Traffic Control Workers Wage Disparity & Safety Recommended Next Steps: •Continue working with stakeholders •Pursue contract with County of San Diego for enforcement services •Consider ordinance after litigation is resolved 4Page 543 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Labor Transparency •Referral: •Labor Transparency ordinance adding new chapter to Chula Vista Municipal Code •Stakeholder Engagement: •Development Oversight Committee •Building Industry Association (BIA) •Utility Companies •LiUNA Local 89 •Carpenters Local 619 •Communication Workers of America 5Page 544 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Draft Contractor & Subcontractor Reporting Ordinance Applies to: •Work subject to permit and inspection by City •Residential or mixed-use projects ≥ 20 units •Non-residential (new or TI) ≥ 20,000 SF •Utility work in City right-of-way 6Page 545 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Draft Contractor & Subcontractor Reporting Ordinance Requires Permittee to Identify/Provide: •Contractors and subcontractors performing inspected work •State contractor’s license number, license category, & expiration date •City Business License number & expiration date •State & federal tax ID numbers •Worker’s compensation insurance police number & expiration date •Previous or pending labor law enforcement actions •Scope of inspected work to be performed 7Page 546 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Draft Contractor & Subcontractor Reporting Ordinance Enforcement & Appeals: •Withhold inspections until remedied + assess reinspection fee •2nd violation within 12-months: stop- work notice •3rd violation within 5-years: revoke permit •Appeal to City Manager 8Page 547 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Draft Contractor & Subcontractor Reporting Ordinance Next Steps: •Council to provide feedback on draft ordinance •Staff to continue working with stakeholders •Bring final ordinance back for Council consideration in 1 to 2 months •If approved: •Effective January 1, 2024 •Enforcement starts July 1, 2024 Presentation title 9Page 548 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Project Labor Agreement Referral: •Citywide PLA for CIPs •Amend Municipal Code to require PLAs for: •Projects on City property •City subsidized affordable housing 10Page 549 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Citywide CIP Project Labor Agreement Recommendations: •Limit to construction cost ≥ $1M •“No Strike or Collective Action” provision •Wages and benefits •per applicable collective bargaining agreements •per Prevailing Wage Law at minimum •Mediation •5-year initial term, one 5-year optional extension 11Page 550 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Citywide CIP Project Labor Agreement Recommendations: •Community benefit •50% Local Hire Goal •City of CV residents •San Diego County residents •30% Disadvantaged Worker Goal •Veterans –anywhere •No high school diploma or GED •Currently homeless or homeless within last year •Former foster youth •Custodial single parents •Protracted unemployment •Recipient of government cash or food assistance •Income ≤ federal poverty level •Formerly incarcerated 12Page 551 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Project Labor Agreement Ordinance Recommendations: •Projects by others on City owned land: construction cost ≥ $1M •Subsidized housing: City construction funds ≥ $5M 13Page 552 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Project Labor Agreement Next Steps: •Council to provide feedback on staff recommendations •Staff to continue working with stakeholders •Staff to bring negotiated PLA back to Council for approval •Staff to bring ordinance back to Council for consideration by end of calendar year Presentation title 14Page 553 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Recommendation: Council provide feedback on the report recommendations & draft Construction Contractor and Subcontractor Reporting Ordinance 15Page 554 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda 16Page 555 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 556 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 557 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 558 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 559 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 560 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda Page 561 of 561 City of Chula Vista City Council August 8, 2023 Post Agenda