HomeMy WebLinkAbout2009/03/24 Agenda Packet
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HUlA VISfA
Cheryl Cox, Mayor/Chair
Rudy Ramirez, Council/Agency Member James D. Sandoval, City Manager/Executive Director
John McCann, Council/Agency Member Bart Miesfeld, City Attorney/Agency Counsel
Pamela Bensoussan, CounciVAgency Member Donna Norris, City Clerk
Steve Castaneda, CounciVAgency Member
.'"
March 24, 2009
6:00 P.M.
Council Chambers
City Hall
276 Fourth Avenue
CALL TO ORDER
ROLL CALL: Councitmembers/Agency Members: Bensoussan, Castaneda, McCann,
Ramirez, and Mayor/Chair Cox
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. PRESENTATION BY LYNETTE JONES, SMALL BUSINESS LIAISON, ON THE
CITY OF CHULA VISTA SPONSORED WOMEN ENTREPRENEURS (WE)
BUSINESS FORUM, APRIL 8, 2009 FROM 3:00 P.M. TO 5:00 P.M. AT THE CHULA
VISTA WOMENS CLUB; AND RECOGNITION OF PETHOY YEATON, OWNER,
MEA KW AN THAI CUISINE; ERENDIRA ABEL, FOUNDER, A WOMENS
WELLNESS CENTER; AND DIANE CLARKE, OWNER, CAPE COD CENTER,
NAPLES CENTER, PLAZA GATEWAY
. PRESENTATION BY LEAH BROWDER, DEPUTY CITY MANAGER/LIBRARY
DIRECTOR, OF THE BATTLE OF THE BOOKS, SEVENTH SEASON WINNERS
. PRESENTATION BY BRENDAN REED, ENVIRONMENTAL RESOURCE
MANAGER, ON EARTH HOUR 2009
CONSENT CALENDAR
(Items 1-13)
The Council will enact the Consent Calendar staff recommendations hy one motion,
without discussion, unless a Councilmember, a member of the public, or staff requests
that an item be removed for discussion. If you wish to speak on one of these items, please
fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk
prior to the meeting. Items pulled ji-orn the Consent Calendar will be discussed
immediateZv following the Consent Calendar.
I. WRITTEN COMMUNICATIONS
A. Letter of resignation from Sharon Harmon, member of the Nature Center Board of
Trustees.
B. Letter of resignation from Kerry Knowlton, member of the Cultural Arts
Commission.
Staff recommendation: Council accept the resignations and direct the City Clerk
to post the vacancies in accordance with Maddy Act requirements.
2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING SUBMITTAL OF A GRANT APPUCATION TO THE CAUFORNIA
DEPARTMENT OF FORESTRY AND FIRE PROTECTION TO EXPAND THE
CHULA VISTA URBAN SHADE TREE PROJECT AND AUTHORIZING THE CITY
MANAGER TO EXECUTE ALL DOCUMENTS IN CONJUNCTION WITH
IMPLEMENTING THE GRANT AGREEMENT
Staff recommendation: Council continue the item to April 7, 2009.
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING THE CERTIFIED ENVIRONMENTAL IMPACT REPORT FOR THE
SAN DIEGO REGIONAL ENTERPRISE ZONE (SDREZ) AND APPROVING THE
SDREZ BOUNDARY MODIFICATIONS AS PRESENTED
In 1992 the City of San Diego received approval for the South Bay Enterprise Zone. In
2000 and again in 2004, the South Bay Enterprise Zone was expanded to include
properties along the Bayfront redevelopment areas of the cities of ChuIa Vista and
National City. The South Bay Enterprise Zone expired on January 27, 2007. In August
2006, Council approved a resolution supporting and authorizing the submittal of a joint
application to the State of California Housing and Community Development Department
for a new regional Enterprise Zone designation, with the cities of San Diego and National
City. This partnership was "Conditionally Approved" in October of 2006 and City staff
in collaboration with the cities of San Diego and National City is engaged in the task of
completing the remaining conditions. Adoption of the resolution accepts the Certified
Environmental Impact Report and approves the San Diego Regional Enterprise Zone
Boundary Modification as presented. (Deputy City Manager/Development Services
Director)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE CITY MANAGER TO EXECUTE THE FUNDING APPROVAL
AGREEMENT WITH THE DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT AND OTHER RELATED DOCUMENTS; AND AUTHORIZING
APPROPRIATIONS OF $2,830,072 TO FUND THE AMENDED 2008/2009 ANNUAL
ACTION PLAN FOR IMPLEMENTATION OF THE NEIGHBORHOOD
STABILIZATION PROGRAM (4/5THS VOTE REQUIRED)
Page 2 -Joint City Council and
Redevelopment Agency Agenda
March 24, 2009
http://www.chulavistaca.gov
In January 2009, the Department of Housing and Urban Development approved the
City's Draft 2008-2009 Amended Annual Action Plan, which proposed three activities to
be funded with the Neighborhood Stabilization Program funds in the amount of
$2,830,072. Adoption of this resolution will appropriate the funds to specific activities.
This item was first heard at the March 3, 2009 Council meeting. (Deputy City
Manager/Development Services Director)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE FILING OF AN APPLICATION FOR TRANSPORTATION
PLANNING GRANT FUNDS THROUGH THE CALIFORNIA DEPARTMENT OF
TRANSPORTATION FOR THE PALOMAR GATEWAY DISTRICT SPECIFIC
PLANNING PROCESS, CONFIRMfNG THE LOCAL NECESSARY MATCH FUNDS
FOR THE PROJECT, STATING THE CITY'S ASSURANCE TO COMPLETE THE
PROJECT SHOULD GRANT FUNDING BE AWARDED, AND AUTHORIZfNG
DEPUTY CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE ALL
DOCUMENTS NECESSARY TO SECURE THE GRANT FUNDING SHOULD THE
GRANT BE AWARDED
The California Department of Transportation (Caltrans) released a call-for-projects as
part of the Caltrans Transportation Planning Grants program. Under this program,
Caltrans provides grants to cities and non-profit organizations to complete improvement
or planning projects that promote strong and healthy communities, economic
development and environmental protection. Adoption of the resolution authorizes staff to
file a grant application to fund the Palomar Gateway Specific Planning Process.
Applications are due April I, 2009, and must be supported by a Resolution or minutes
order of the City Council. (Deputy City Manager/Development Services Director)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A FIVE YEAR CONTRACTUAL AGREEMENT WITH SAN DIEGO
FIRE-RESCUE DEPARTMENT FOR THE PROVISION OF FIRE AND
EMERGENCY MEDICAL DISPATCH SERVICES FOR THE CITY OF CHULA
VISTA
On December 11, 2007, the City Council directed the City Manager to enter into
negotiations and execute any letters of intent or memoranda of understanding for the
purpose of acquiring fire and emergency medical dispatch services from San Diego Fire-
Rescue Department. Staff has successfully concluded negotiations and is requesting
approval of a 5-year contractual agreement for the provision of fire and emergency
medical dispatching services. (Fire Chie1)
Staffrecommendation: Council adopt the resolution.
Page 3 -Joint City Council and
Redevelopment Agency Agenda
March 24, 2009
htto:/ /www.chulavistaca.gov
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FOURTH AMENDMENT TO THE CONTRACT WITH
ADVOCATION, INC., EXERCISING THE CITY'S OPTION TO EXTEND THE
CONTRACT FOR LEGISLATIVE REPRESENTATION FOR THE 2009 AND 2010
LEGISLATIVE SESSIONS
The City of Chula Vista's contract with the firm of Advocation, Inc. for legislative
representation in Sacramento has expired. The original agreement with the firm allowed
for four two-year contract extensions; three of which have been exercised. Staff is
recommending implementation of the final contract extension based on the firm's
willingness to proceed for a fee of$1 per year. (Government Relations Liaison)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROPRIA TING $70,000 FROM THE AVAILABLE BALANCE OF THE TRAFFIC
SAFETY FUND FOR THE PURCHASE OF TRAFFIC SAFETY EQUIPMENT
(4/5THS VOTE REQUIRED)
The City of Chula Vista Police Department receives funds from each traffic related ticket
that is written. These funds are deposited into the Traffic Safety Fund. The Police
Department is requesting to appropriate $70,000 from the Traffic Safety Fund for the
purchase of equipment for the Traffic Unit to support the various traffic safety programs
that are currently being conducted. (Police Chiel)
Staff recommendation: Council adopt the resolution.
9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE SUBMITTAL OF GRANT APPLICATIONS FOR STATE SAFE
ROUTES TO SCHOOL FUNDING CYCLE 8 TO IMPROVE PEDESTRIAN
FACILITIES AT VARIOUS ELIGIBLE LOCATIONS
California legislated a Safe Routes to School (SR2S) program in 1999 with the enactment
of AB 1475. The goals of the program are to reduce injuries and fatalities to
schoolchildren and to encourage increased walking and bicycling among students.
Adoption of the resolution approves the submittal of grant applications for funding Cycle
8. (Public Works Director)
Staff recommendation: Council adopt the resolution.
10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2008/2009 BUDGET AND APPROPRIATING A
TOTAL OF $14,458.07 FROM THE AVAILABLE FUND BALANCE TO
REIMBURSE MANUEL CONTRERAS, BONITA GATEWAY LLC., AND M & A
CONSTRUCTION (4/5THS VOTE REQUIRED)
Page 4 -Joint City Council and
Redevelopment Agency Agenda
March 24, 2009
. htto://www.chulavistaca.gov
Adoption of the resolution refunds certain permit fees for Building Permit Number
BR07-0001 to Manuel Contreras associated with his property located at 418 Tremont
Street; a refund of sewer capacity fees due to a plan change for Building Permit Number
B08-0473 to Bonita Gateway LLC for its property at 3001 Bonita Road, and a refund of
sewer capacity fees due to a plan change for Building Permit Number B08-1030 to M &
A Construction associated with its property at 303 Broadway. (Public Works Director)
Staff recommendation: Council adopt the resolution.
II. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AGREEMENTS BETWEEN THE CITY AND (A) NINYO & MOORE
GEOTECHNICAL & ENVIRONMENTAL SCIENCES CONSULTANTS, (B)
MACTEC ENGINEERING AND CONSULTING, INC., (C) NOVA ENGINEERING
AND ENVIRONMENTAL, LLC., AND (D) SOUTHERN CALIFORNIA SOIL &
TESTING, INC. TO PROVIDE ON-CALL GEOTECHNICAL, STORM WATER
MONITORING, MATERIALS TESTING AND SPECIAL INSPECTION
CONSULTING SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS
(CIP) OR OTHER CITY PROJECTS
The construction of public works infrastructure improvements and buildings require the
use of quality materials and construction methods to assure longevity and usefulness. In
an effort to ensure that the City continues to obtain quality improvements, materials
testing, geotechnical engineering, storm water monitoring and special inspection services
for projects built with both public and private funds, a Request for Proposals (RFP) was
issued for said services. Staff has completed the review of the proposals and selection
process for the consulting services and has negotiated the proposed contracts. Adoption
of the resolution finalizes the process and approves agreements for the services requested.
(Public Works Director)
Staff recommendation: Council adopt the resolution.
12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
SPRING V ALLEY SANIT A nON DISTRICT REGARDING SEWER FLOW
GENERATED BY THE CHURCH OF THE GOOD SHEPHERD
The Church of the Good Shepherd, located within the County of San Diego at 3990
Bonita Road, Bonita, California, is seeking to expand its existing structure and use.
While the County's Spring Valley Sanitation District has agreed to provide sewer service
to the church, the nearest existing sewer line is a City of Chula Vista facility. Adoption
of the resolution approves the agreement and details the City requirements that would be
implemented if such a connection was to occur, including allowed flow volume,
maintenance responsibilities, and costs associated with such a connection. (Public Works
Director)
Staff recommendation: Council adopt the resolution.
Page 5 -Joint City Council and
Redevelopment Agency Agenda
March 24, 2009
http://www .chulavistaca.gov
13. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
A WARDING A THREE- YEAR CONTRACT WITH TWO OPTIONAL,
CONSECUTIVE ONE-YEAR EXTENSIONS FOR ASSESSMENT DISTRICT AND
COMMUNITY FACILITIES DISTRICT JUDICIAL FORECLOSURE SERVICES TO
STRADLING, YOCCA, CARLSON AND RAUTH, AND AUTHORIZING THE CITY
MANAGER TO NEGOTIATE THE TWO ONE-YEAR EXTENSIONS AND
EXECUTE ALL RELATED DOCUMENTS
The proposed agreement will retain the services of Stradling, Y occa, Carlson and Rauth
to perform judicial foreclosure services on City Assessment Districts and Community
Facilities Districts and coordinate the collection of all delinquent installment payments on
these Districts, as requested by the City. (Finance Director/Public Works Director)
Staff recommendation: Council adopt the resolution.
ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC COMMENTS
Persons speaking during Public Comments may address the Counci/Agency on any
subject matter within the Council/Agency's jurisdiction thaI is not listed as an item on the
agenda. State law generally prohibits the Council/Agency from discussing or taking
action on any issue not included on the agenda, but, if appropriate, the Council may
schedule the topic for fit/ure discussion or refer the matter 10 staff. Comments are limited
to three minutes.
PUBLIC HEARINGS
The following item(s) have been advertised as public hearing(s) as required by law. If
you wish to speak on any item, pleasejill out a "Request to Speak "form (available in the
lobby) and submit it to the City Clerk prior 10 the meeting.
14. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN
DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE
RESPECTIVE OWNER OCCUPIED PARCELS OF LAND AND PLACEMENT OF
DELINQUENT CHARGES ON THE NEXT REGULAR T AX BILL FOR
COLLECTION
The Chula Vista Municipal Code Section 13.14.150 allows delinquent sewer service
charges to be assessed as recorded liens upon the affected owner occupied properties and
ultimately placed on the property tax bills for collection. (Finance Director)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ASSESSING CERTAIN DELINQUENT SEWER SERVICE CHARGES AS
RECORDED LIENS UPON THE RESPECTIVE OWNER OCCUPIED
PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT
CHARGES ON THE NEXT REGULAR TAX BILL
Page 6 -Joint City Council and
Redevelopment Agency Agenda
March 24, 2009
htto://www.chulavistaca.gov
15. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN
DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON
THE RESPECTIVE OWNER OCCUPIED PARCELS OF LAND AND PLACEMENT
OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR
COLLECTION
The Chula Vista Municipal Code Section 8.24 allows delinquent solid waste service
charges to be assessed as recorded liens upon the affected properties and ultimately
placed on the property tax bills for collection. (Finance Director)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
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
APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT
REGULAR TAX BILL
16. CONSIDERATION FOR REVIEW OF THE CITY'S HOUSING AND URBAN
DEVELOPMENT FEDERAL GRANT PROGRAMS FOR 200912010 (COMMUNITY
DEVELOPMENT BLOCK GRANT, HOME INVESTMENT PARTNERSHIP ACT
AND EMERGENCY SHELTER GRANT)
The City has received and reviewed funding applications for the Community
Development Block Grant (CDBG), the Home Investment Partnerships Act (HOME),
and the Emergency Shelter Grant Funds (ESG). This hearing provides the public with
the opportunity to give input on the community's housing and community development
needs. Staff will also offer Council funding level recommendations for all eligible
projects/programs for the 2009/2010 fiscal year. (Deputy City Manager/Development
Services Director)
Staff recommendation: Council conduct the public hearing, review and accept public
comment on funding proposals and provide direction to staff on the draft funding
recommendations.
17. CONSIDERATION OF WAIVING IRREGULARITIES IN THE BID RECEIVED FOR
THE "PAVEMENT REHABILITATION PROGRAM (DIG-OUT) FISCAL YEAR
200712008 (STL-3335A)" PROJECT PER CITY CHARTER SECTION 1009
On February 25, 2009, the Director of Public Works received sealed bids for the project.
The work consists of the removal/replacement of failed asphalt pavement, crack filling,
weed removal and treatment with herbicide, on various pavement locations in the City.
Other work includes the replacement of damaged traffic signal loops, striping, pavement
markings, traffic.control, other miscellaneous work, and all labor material, equipment,
and transportation necessary for the project. As there were minor irregularities in the bid
related to a multiplication error in the City's favor, staff is recommending waiving the
irregularities in the bid and accepting and awarding the contract to Frank & Son Paving,
Inc. (Public Works Director)
Page 7 -Joint City Council and
. Redevelopment Agency Agenda
March 24, 2009
htm:/ /www.chulavistaca.gov
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
W AJVING IRREGULARITIES, ACCEPTING BIDS AND AWARDING THE
CONTRACT FOR THE "PAVEMENT REHABILITATION PROGRAM (DIG-
OUT) FISCAL YEAR 2007/2008, (STL-335A)" PROJECT TO FRANK AND
SON PAVING, INCORPORATED IN THE AMOUNT OF $1,903,250.49 AND
AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE FUNDS IN THE
PROJECT
ACTION ITEMS
The Item(s) listed in this section of the agenda will be considered individually by the
Council and are expected to elicit discussion and deliberation. If you wish to speak on
any item, please fill out a "Request to Speak" form (available in the lobby) and submit it
to the City Clerk prior to the meeting.
18. CONSIDERATION OF RECOMMENDING THAT A MEASURE BE PLACED ON
THE JUNE 2014 BALLOT TO AMEND OR REPEAL PROPOSITION A
On January 20, 2009 the City Council adopted Ordinance No. 3123 submitting a
Transaction and Use Tax (commonly referred to as a "Sales Tax") to the electorate. This
Sales Tax measure is on the ballot for a mailed ballot election, with mailed ballot returns
due on May 5, 2009. This Sales Tax measure has been designated by the San Diego
County Registrar of Voters as Proposition A ("Prop A").
At the City Council meeting of February 17,2009, pursuant to City Council Referral No.
392, the City Council requested that the City Attorney prepare a Resolution for City
Council consideration to place a ballot measure on the June 20 10 general election that
would allow the electorate to deterrnine in year 2014, should Prop A pass, whether or not
to continue or repeal Prop A. City Council may adopt a Resolution that requests that in
the year 2014 the City Council submit to the electorate either an amendment or repeal of
Prop A.
Staff recommendation: That the City Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
RECOMMENDING THAT A MEASURE BE PLACED ON THE JUNE 2014
BALLOT TO AMEND OR REPEAL PROPOSITION A
OTHER BUSINESS
19. CITY MANAGER'S REPORTS
20. MAYOR'S REPORTS
Page 8 -Joint City Council and
Redevelopment Agency Agenda
March 24, 2009
http://www.chulavistaca.gov
21. COUNCILMEMBERS' COMMENTS
Councilmember Bensoussan:
A. CONSIDERATION OF GUIDING PRINCIPLES FOR A PROPOSED
INDEPENDENT ADVISORY BOARD (PROP A ADVISORY COMMITTEE)
B. CONSIDERATION OF ADOPTION OF THE FOLLOWING RESOLUTION:
RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT
AGENCY OF THE CITY OF CHULA VISTA URGING THE PORT DISTRICT
TO RESUME NEGOTIATIONS AND CONCLUDE THE EXCHANGE OF
PORT LAND FOR PACIFICA COMPANIES-OWNED LAND AT THE
CHULA VISTA BA YFRONT, AND URGING THE PORT TO MAKE
NECESSARY REVISIONS TO COMPLETE THE CHULA VISTA
BAYFRONT MASTER PLAN ENVIRONMENTAL IMPACT REPORT (EIR)
AND TO THEN CERTIFY THE FINAL EIR
ADJOURNMENT to a Council Workshop on April 2, 2009 at 4:00 p.m. in the Council
Chambers, and thence to the Regular Meeting of April 7, 2009.
Materials provided to the City Council/Redevelopment Agency related to any open-session item
on this agenda are available for public review at the City Clerk's Office, located in City Hall at
276 Fourth Avenue, Building 100, during normal business hours.
In compliance with the
AMERICANS WITH DISABILITIES ACT
The City of Chula Vista requests individuals who require special accommodations to access,
attend, and/or participate in a City meeting, activity, or service, contact the City Clerk's Office
at (619) 691-5041 at least forty-eight hours in advance of the meeting.
Page 9 -Joint City Council and
Redevelopment Agency Agenda
March 24, 2009
htto:/ /www.chulavistaca.gov
March 12,2009
Honorable Mayor Cheryl Cox & Council
Chula Vista Mayor and Council Office
276 Fourth Avenue
Chula Vista, CA 9f910
Re: Resignation from Chula Vista Nature Center Board of Trustees
Honorable Mayor and Council,
It is with great regret that I find I must resign from my seat on the Chula Vista Nature
Center Board of Trustees. My husband is currently serving with the U.S. Navy and we
are heing relocated to Japan in May 2009. Please accept my resignation effective
immediately.
[ am so grateful for having had the experience of being on the Board of Trustees. Despite
the tumultuous time at which I came em as a member, it has been both an eye-opening and
r,,,.tivational experience for me. The dedication, expertise, and genuine kindness oftlle
CVNC Staff, Board, Friends, and Supporters has been inspiring, and I will miss being
around that energy.
It saddens me that I will be leaving -- but it is with the confidence that the Nature Center's
Task Force, fundraising effortS, and Supporters will ensure that the Nature Center will be
here for years to come... It truly is a treasure, and not just as a resource, but in the way it
has mobilized so many people into action! I'm looking forward seeing how the future
will unfold for the Nature Center.
Lastly, I would like to thank the CVNC Staff, Board, and Supporters for this experience,
and the City of Chula Vista for giving me this opportunity to have served on the Nature
Center Board of Trustees. It has been a pleasure serving the community and the Nature
Cen~er 2..S 3. member of the Board of T rns!ees-.
Sin~
;PI;;;
Qaro~~
2145 Honeybee Street
Chula Vista, CA 91915
('current until April 30, 2009)
sharon ve I 0 ria@hotmail.com
cc: Buck Martin, Chula Vista Nature Center
1ft
From: Scott Love
Sent: Saturday, March 14, 200911:22 AM
To: Lorraine Bennett
Cc: Marylyn Noguera; Jennifer Quijano; Todd Voorhees (E-mail)
Subject: FW: from Kerry Knowlton
Subject: from Kerry Knowlton
Hello
This letter is to inform you of my resignation from the Cultural Arts Commission.
I am working 12-15 hours a day to [mish my film and to conform the delivery materials to the
wishes of a distributor, leaving me no free time.
I wish you all the best.
Kerry
/8
CITY COUNCIL
AGENDA STATEMENT
~ \ 'f:.. CITY OF
~ (HULA VISTA
MARCH 24, 2009, Item.::2.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING SUBMITTAL OF A GRANT
APPLICATION TO THE CALIFOR.NIA DEPARTMENT OF
FORESTRY AND FIRE PROTECTION TO EXPAND THE
CHULA VISTA URBAN SHADE TREE PROJECT AND
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL
DOCUMENTS IN CONJUNCTION WITH IMPLEMENTING (~
THE GR.A.NT AGREEMENT
SUBMITTED BY: CONSERVA TION & ENVIRONMENT AL SERVICES
DIRECTOR
PUBLIC WORKS DIRECTOR
REVIEWED BY: CITY MANAGER S J- -f;. r J $. ..-;---
ASSISTANT CITY MANAGER '7 )
ITEM TITLE:
4/5THS VOTE: YES D NO I X I
Staff is requesting this item be continued to the meeting of April 7, 2009.
ST AFF RECOMMENDATION: Council continue the item to the April 7, 2009
Council Meeting..
-<
CITY COUNCIL
AGENDA STATEMENT
~`~~ CITY OF
CHULA VISTA
MARCH 24, 2009 Item ',3
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING THE CERTIFIED
ENVIRONMENTAL IMPACT REPORT FOR THE SAN
DIEGO REGIONAL ENTERPRISE ZONE (SDREZ) AND
APPROVING THE SDREZ BOUNDARY MODIFICATIONS
AS PRESENTED,
SUBMITTED BY: DEPUTY CITE MANAGER /DEVELOPMENT SERVICES
DIRECTO
REVIEWED BY: CITY MANAG
4/STNS VOTE: YES ~ NO
SUMMARY
In 1992 the City of San Diego received approval for the South Bay Enterprise Zone. In
2000 and again in 2004, the South Bay Enterprise Zone was expanded to include
properties along the Bayfront redevelopment areas of the cities of Chula Vista and
National City. The South Bay Enterprise Zone expired on January 27, 2007. In August
2006, Council approved a resolution supporting and authorizing the submittal of a joint
application to the State of California Housing and Community Development Department
for a new regional Enterprise Zone designation, with the cities of San Diego and National
City. This partnership was "Conditionally Approved" in October of 2006 and City staff
in collaboration with the cities of San Diego and National City, are engaged in the task of
completing the remaining conditions. Adoption of the resolution accepts the Certified
Environmental Impact Report and approves the San Diego Regional Enterprise Zone
Boundary Modification as presented.
ENVIRONMENTAL REVIEW
Resolution No. 2006-248 adopted by City Council in August 2006, states that the City's
Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Protection Act and has determined that the proposed action
was adequately covered in the previously adopted Final General Plan Update EIR. Thus,
no further environmental re~~ew or documentation is necessary from Chula Vista.
The partner cities of San Diego and National City were required to conduct and submit a
new certified EIR, as part of the State HCD "conditions" for fmal designation. The new
certified EIR was completed in July 2008, and a copy of the certified EIR is on file with the
City Clerk's office. Although Chula Vista's previously adopted General Plan Update EIR
was accepted by the State, and we did not have to expend any funds for completion of the
new EIR, we are required to accept the certified EIR for the SDREZ.
3-1
MARCH 24, 2009 Item_?~
Page 2 of 3
RECOMMENDATION
Council adopts the resolution.
BOARDS/COMMISSION RECONIlVIENDATION
Not applicable
DISCUSSION
The Partnership received a "Conditionally Approved" San Diego Regional Enterprise Zone
(SDREZ) designation from HCD that was effective October 1 ~, 2006. City staff, in
collaboration with the cities of San Diego and National City, is engaged in the task of
completing the remaining conditions for final designation of the "conditionally approved"
SDREZ. One of these conditions requires the City to accept the certified Environmental
Impact Report.
The SDREZ Partners aze also submitting a boundazy modification to the State HCD for
approval. The azea of the boundary modification is within the city of San Diego's acreage
and was inadvertently omitted when the application was originally submitted. A map
showing the modified boundaries (Attachment 1) is attached. The azea of modification
does not affect Chula Vista's SDREZ acreage. Another condition for final designation
requires the City to approve the modified boundary.
Once these two "conditions" have been met, final SDREZ designation will be awazded with
an expiration date of October 14, 2021.
This SDREZ designation is a fifteen (15) yeaz partnership between local governments and
private companies to generate new private sector investment and growth with the state
providing performance-based tax credits and incentives to Enterprise Zone businesses.
The purpose of the SDREZ is to: 1) promote "smart growth" by revitalizing chronically
deteriorated azeas; 2) hire the most difficult to hire residents in private sector jobs; and 3)
retain, expand, and reward businesses that participate in these objectives.
The new SDREZ is significantly larger than the previous South Bay Enterprise Zone. The
old South Bay Enterprise Zone covered 447 acres. The new SDREZ covers approximately
6,400 acres (Attachment 2). Because of this significant increase in acreage, we will assist
many more businesses than we have in the past. During 2008, the City's first full year
participating in the SDREZ, approved hiring credits greatly increased from the totals for
2007, rising from 96 to approximately 428. More than 650 hiring credit vouchers have
been issued throughout Chula Vista since its participation in the California EZ program,
totaling more than $3.2 million in state tax credits. During the yeaz 2008, the EZ benefits
were concentrated among small businesses and local residents. More than 60% of
companies receiving the hiring credits have 50 or less employees and citywide, 90% of
vouchers were received by residents of the west side of Chula Vista. In 2008, Chula
Vista's participation in the SDREZ produced an estimated total economic impact of $11.57
million.
3-2
MARCH 24, 2009 Item 3
Page 3 of 3
In February 2009, National University System Institute for Policy Reseazch completed a
study of the SDREZ program in Chula Vista and produced a report that demonstrates the
tremendous economic benefits of this program to our community (Attachment 3).
The official designation of the SDREZ by the State HCD will allow a significant economic
and employment incentive prop am to continue in the cities of Chula Vista, San Diego and
National City. The San Diego Unified Port District will also be a partner under the new
SDREZ Partnership MOU that will be established between the cities of Chula Vista, San
Diego, and National City.
The next steps in this process will be staff returning to City Council with a resolution to
authorize the MOU between the SDREZ Partners and to accept the Tazgeted Employment
Area (TEA) designation. The last step in this process will be for staff to return to Council
with a resolution to authorize the MOU between the State HCD and SDREZ Partners.
Staff is currently identifying possible new acreage for a future expansion. If the proposed
new acreage meets the program requirements, staff will return to Council with a request to
approve this new expansion to the SDREZ.
DECISION MAKER CONFLICT
Conflict
Staff has reviewed the property holdings of the City Council Members and has found a
conflict exists in that councilmembers Ramirez and Castaneda have property holdings
within 500 feet of the boundaries of the property that is the subject of this action.
FISCAL IMPACT
There will be ongoing San Diego staff time required to administer the SDREZ during the
designation period as detailed in the ~ Yeaz SDREZ Partnership MOL'. A first year budget
was previously approved by City Council (Resolution No. 2006-248), and it is anticipated
the Partners will continue to contribute funds to San Diego to appropriately maintain the
SDREZ program throughout its designated period. Chula Vista's proportionate expenses
for San Diego's administrative services total $48,500 annually, to be paid out of Economic
Development general funds.
The Partners anticipate increasing the administrative fees for voucher processing in the neaz
future. The current fee for these administrative services is $50 per voucher. It is anticipated
the increased number of vouchers and the fee increases will create a funding source to
lower costs, ultimately leading to a program that is self sustaining in future yeazs.
ATTACHMENTS
Attachment 1 -Map of Proposed SDREZ Boundary Modifications
Attachment 2 -Original Boundary Map of SDREZ
Attachment 3 -National University System Institute for Policy Research EZ Study
Prepared by: Lynette Jones, Sr. Project Coordinator, Economic Development Division
3-3
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ATTACHMENT
NATIONAL
1 NST[TUTE
UNII~ERSiTY
FOR POLICY
SYSTEM.
RESEARCH
A POWERFUL ENGINE FOR SOUTH BAY:
CHULA VISTA AND THE SAN DIEGO
REGIONAL ENTERPRISE ZONE
FEBRUARY 2009
Executive Summary
Through its participation in the San Diego Regional Enterprise Zone (EZ), the City of Chula Vista has
received a high return on its investment and helped improve its local economy.
* Chula Vista's participation in the San Diego Regional Enterprise Zone produced an estimated
total economic impact of $11.57 million in 2008.
* Small businesses have been the biggest beneficiaries of the enterprise zone - 65% of companies
receiving one of the main benefits from participation in the program have 50 or fewer
employees.
* More than 650 hiring credit vouchers have been issued throughout Chula Vista's participation
in the California enterprise zone program, a sum worth more than $3.2 million in state tax
credits.
* Since 2004, at least 385 low income residents of the City living West of Interstate 805 have been
employed by EZ participating companies.
3-6
* The participation costs tb the City of Chula Vista are minimal. In Fiscal Year 2007, the City
provided approximately $97,000 towards the operational, marketing and training costs of the EZ
program.
Enterprise Zones in California
Enterprise zones (EZs) are special packages of tax and other incentives designed to increase jobs and
investment opportunities within a limited, economically-distressed area. Invented in Great Britain in the
1970's, and popularized in the United States under the leadership of President Ronald Reagan, EZs have
become a major component of urban renewal strategies across the nation.
More than 40 states have established EZ programs tailored to their own unique needs and goals.
Created in 1984, California's Enterprise Zone program exists in 42 zones throughout the state and is
designed to stimulate business investments in areas where they are traditionally slow, and to increase
job opportunities in areas of high unemployment. The program provides new and established
companies within the zone four key state benefits:'
1) Sales Tax Credit: A tax credit against the purchase of new qualified machinery and machinery
parts, valued up to $1.35 million annually.
2) Hiring Credit: A tax credit on up to 50 percent of the wages to qualified new employees over a
five-year period on a sliding scale (up to 50 percent in the first year, 40 percent in the second
year, etc.). This credit could exceed $31,500 per eligible employee. The types of workers
qualified include military veterans, ex-offenders, recipients of government assistance, and
residents of the designated enterprise zone area.
3) Net Interest Deduction for Lenders: this benefit allows financial lenders a deduction on the net
interest earned from loans (business loans, mortgages) made to participating Enterprise Zone
businesses.
4) Net Operating Loss Carry-Forward: up to 100% of a business' net operating losses may be carried
forward as a tax deduction for fifteen years.
In addition, municipalities that have EZ typically expedite local permits and provide technical assistance
for EZ participants. Combined, these incentives have helped retain businesses in some of the state's
1 For more information about Enterprise Zone benefts, please visit the program's website at the State of
California's Department of Housing and Community Development, http://www.hcd.ca.gov/fa/cdbg/ez/ttEZ
3-7
most economically distressed areas through two recessions, spurring greater capital expenditures, and
expanding workforce opportunities for at-need, disadvantaged and economically challenged
Californians. Since 1986, California's EZ program has been a net gain for San Diego's economic climate -
assisting in the creation and retention of more than 25,000 area jobs, and spurring nearly $1 billion in
private investment.
The South Bav Enterprise Zone - A Historical Look
Chula Vista's participation in the state EZ program has only been a recent development; city officials had
previously filed an application to receive an EZ designation in the mid-1980's, but it was rejected. The
"South Bay Zone' was ultimately established in 1992 to include 6,563 acres in Otay Mesa and San Ysidro,
and later expanded in 2000 to include 447 acres in Chula Vista's bay front area, as well as 84 acres In
National City.Z Many large employers were located in the South Bay Enterprise Zone including Delimex,
Sony, Honeywell, Howard Light Industries, Panasonic, Martin Furniture, Raytheon, and Sanyo. From
1990-2000, unemployment dropped in the South Bay EZ, which also saw a significant drop in the poverty
rate (22% to 16%) compared to the City of San Diego's overall rate, which increased from 13% to 15%.
The South Bay Zone proved to be a key component of economic development. After expanding to
include Chula Vista's bay front area in 2000, the benefits under the South Bay Enterprise Zone were a
significant benefit of a local economic relief package created for aerospace giant Goodrich Corporation,
which was under high pressure to relocate and slash hundreds of local jobs. Goodrich became the first
Chula Vista business to participate in the South Bay EZ, which they anticipated would net them $1.25
million in benefits.3 The company gave glowing reviews of its EZ participation:
"BFGoodrich Aerospace Aerostructures Group is the first Chula Vista business to take advantage of the
Enterprise Zone designation. 'They said this certainly was a major enticement to stay here,' says Jeri
6ulbransen, public information officer for the city of Chula Vista. The potential for tax savings and other
incentives is tremendous,' says Ken Wood, vice president and general manager for BFGoodrich.i4
Other businesses quickly capitalized on the program. In July 2003, the South Bay Boat Yard, a small
repair business in Chula Vista stated that the EZ program "has been absolutely terrific for us," crediting
its benefits to help its business grow, including doubling the size of its workforce and utilizing more than
$150,000 in tax benefits to purchase fork lift machines and repair tools.s Over all, more than $1.1
z "SD Enterprise Zone." City News Service. 21 May 2004
'Oakes, Amy. "South Bay Enterprise Zone adds Chula Vista bay front." San Diego Union-Tribune. 20 April 2001.
° Burke, Terence. "Airport Parking is Up; The Stennis Ships Out." San Diego Metropolitan. May 2001.
s Green, Frank. "Stuck in the danger zone; Huge California budget deficit puts county's enterprise areas in
jeopardy." San Diego Union-Tribune. 6 July 2003, pg. H-1
3-8
million in hiring credits have been received from Chula Vista businesses. From 2000-2006, at least six
Chula Vista based employers have participated in the enterprise zone program, creating 114 jobs with
an average wage of $14.58 per hour.b
San Diego Reeional Enterorise Zone
In 2006, local lawmakers in the City of San Diego, National City and Chula Vista successfully developed a
strategic partnership and applied for the approval of a larger, reorganized "Regional Enterprise Zone"
(REZ) that stretches across 36,000 acres in more of the communities that need additional investments
and jab opportunities. The REZ has since been conditionally approved by the state, and businesses
within the REZ began qualifying for benefits in late 2007. Today, approximately 6,400 acres of Chula
Vista is covered under the REZ, which is more than afourteen-fold increase from the covered city land
under the South Bay EZ. With hundreds of more local businesses now able to tap into the lucrative
program benefits, the Regional Enterprise Zone has been a stunning success for economic development
efforts on Chula Vista's west side.
Outcomes
According to public records, Chula Vista's first full year participating in the Regional EZ has been a
positive economic experience.
Approved hiring credit vouchers more than quadrupled (446%) from 2007's tally, rising from 96 to an
estimated 428. More than 650 hiring credit vouchers have been issued throughout Chula Vista's
participation in the California enterprise zone program, a sum worth more than $3.2 million in state tax
credits. EZ benefits in 2008 were concentrated to those most at need -small businesses and local
residents. 62% of companies receiving hiring credit vouchers employ SO or fewer workers, and citywide,
90% of vouchers were receiving by "targeted employment area".residents -those living within the
designated west side EZ. The jobs that have been created or retained with the use of hiring vouchers are
good paying positions, and field from a diverse number of industries, including retail, heavy industry,
and construction. Wages range from the state minimum to as high as $36 dollars an hour, and the
average rate fell at $9.80 an hour, 122% above the hourly minimum wage.
Analyzing the industries which receive vouchers, employment numbers, and average earnings, the San
Diego Institute for Policy Research estimates that in 2008, Chula Vista's participation in the San Diego
Regional Enterprise Zone produced a total economic impact of $11.57 million.
s City Council Agenda Statement. City of Chula Vista. 8 August 2006 meeting, Item No. 4, pg. 4-3.
3-9
What's At Risk in the City of Chula Vista's Oneoine Budeet Discussions
The San Diego REZ is still only conditionally approved by the state of California, and is at risk of
elimination if the cities of San Diego, National City, and Chula Vista do not meet their contractual
obligations. The original tri-city partnership calls for National City and Chula Vista to commit to
marketing the EZ program to businesses in their respective municipalities. Chula Vista has a designated
"Principal Economic Development Specialist" employee at City Hall to manage marketing and promotion
responsibilities under the agreement. Under the REZ Memorandum of Understanding, Chula Vista is
required to provide 1,000 hours of staff time towards program assistance. Historically, Chula Vista has
provided $97,000 a yeartowards operational, marketing, and training costs of the EZ.' National City and
SD are in a difficult position to take over these duties if the Chula Vista City Council chose to cut the
employee during future budget-balancing sessions, given the budget problems cities throughout the
San Diego region face.
Moreover, Chula Vista is posed, SDI believes, to receive even greater economic benefits through the
Enterprise Zone if it can maintain its funding and staffing commitment. Since the Regional Enterprise
Zone has not received a final designation from the state, it can still extend its borders through an official
"expansion" to extend the geographic area that it covers, and may even consider "boundary
modifications' after an expansion. There is ample opportunity to use vital U.S. Census data and
community input to identify more economically-challenged areas within Chula Vista that should be
covered under the REZ, and have these new areas added to the program in the coming years.
The EZ program encourages businesses to hire and retain more low skilled employees, which is
important in today's economic downturn. These jobs may often be the first opportunities for
employment these individuals have after reentering society, such as the case may be with an ex-
offender ormilitary veteran, and thus it provides a critical first opportunity to learn new skills that will
enable them to reach for higher-paying skilled positions.
Conclusion
Chula Vista's participation in the EZ program is a critical investment in protecting its local economic
future and its unique community character. With a broader regional EZ approach, Chula Vista has
gained tremendously, creating jobs and protecting small businesses. But these gains are fragile, and can
be quickly lost with the elimination of the city's economic development specialist position and the loss
of the EZ marketing budget. With a long term multi-million dollar gap projected in the city government's
budget, the City Council would be wise to find sustainable solutions to meet its fundamental enterprise
zone commitments.
'City Council Agenda Statement. City of Chula Vista. 8 August 2006 meeting, Item No. 4, pg. 4-5.
3-10
About the National University System Institute for Policy Research
The National University System Institute for Policy Research (NUSIPR) is an independent institute that
conducts research and publishes articles, policy briefs, and other materials about regional issues,
including municipal government, economic policy, housing, transportation, infrastructure, and fire
preparedness.
3-11
RESOLUTION N0.2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING THE CERTFIED
ENVIRONMENTAL IMPACT REPORT FOR THE SAN DIEGO
REGIONAL ENTERPRISE ZONE AND APPROVING THE
SAN DIEGO REGIONAL ENTERPRISE ZONE BOUNDARY
MODIFICATIONS AS PRESENTED.
WHEREAS, the Califortua Housing and Community Development Department (HCD)
oversees the Enterprise Tax Incentives Program whose goal is to stimulate growth in
economically depressed areas of the State; and
WHEREAS, the City of Chula Vista ("City") joined with the Cities of San Diego and
National City ("Partnership") wish to be designated as a regional Enterprise Zone and; and
WHEREAS, the City Council adopted Resolution No. 2006-248, authorizing submission
of an application to the California Housing and Community Development ("HCD") for a San
Diego Regional Enterprise Zone ("SDREZ") designation, which would include the cities of San
Diego and National City ("Partners"), and directing the City Manager to execute the necessary
documents and agreements related to the application process; and
WHEREAS, on November 3, 2006, HCD awarded conditional SDREZ designation, and
in a Januazy 17, 2007 letter set forth conditions to be satisfied prior to the final SDREZ
designation ("Conditions"); and
WHEREAS, an Environmental Impact Report ("EIR") was considered and certified by
City of San Diego; and
WHEREAS, the EIR for the SDREZ has been completed and is on file in the Office of
the City Clerk; and
WHEREAS, the Conditions require the City to accept the EIR and approve the modified
boundaries of the 5DREZ; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, as follows:
1. That the Council adopts the modified boundaries of the San Diego Regional Enterprise
Zone (SDREZ) as described in Attachment 1 to the City Council Agenda Statement.
2. That the Council accepts the certified EIR that was completed for the SDREZ partner
cities of San Diego and National City as required by the State, for the Partnership
application.
3-12
Resolution No. 2009-
Page 2
Presented by
Gary Halbert, P.E., AICP
Deputy City Manager /Development
Services Director
3-13
CITY COUNCIL
AGENDA STATEMENT
~~ CITY OF
--- CHULAVISfA
MARCH 24, 2009, Item ~
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE CITY MANAGER
TO EXECUTE THE FUNDING APPROVAL AGREEMENT
WITH THE DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT AND OTHER RELATED DOCUMENTS;
AND AUTHORIZING APPROPRIATIONS OF $2,830,072
TO FUND THE AMENDED 2008/2009 ANNUAL ACTION
PLAN FOR IMPLEMENTATION OF THE
NEIGHBORHOOD STABILIZATION PROGRAM (NSP)
(4/STHS VOTE REQUIRED)
SUBMITTED BY: DEPUTY CIT MANAGER /DEVELOPMENT SERVICES
DIRECTO
REVIEWED BY: CITY MANAGE
4/STHS VOTE: YES ~ NO C
SUMMARY
In January 2009, the Department of Housing and Urban Development approved the City's
Draft 2008-2009 Amended Annual Action Plan which proposed three activities to be funded
with the Neighborhood Stabilization Program funds in the amount of $2,830,072. This item
will appropriate the funds to specific activities.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for compliance
with the National Environmental Protection Act due to the use of Federal funds, and has
deternuned that the proposed project is deemed exempt under the National Environmental
Protection Act (NEPA) Regulations.
RECOMMENDATION
Council adopt the resolution.
4-1
Mazch 24, 2009, Item `t
Page 2 of 3
BOARDS/COMMISSION RECOMMENDATION
None.
DISCUSSION
In September 2008, HUD notified the City of Chula Vista that in addition to the annual
CDBG entitlement, the City is eligible to receive approximately $2.8M in one-time
CDBG funds through the new Neighborhood Stabilization Program (NSP). The purpose
of the NSP program is to assist cities dealing with the negative effects of abandoned and
foreclosed properties. The NSP funds may be used to purchase foreclosed or abandoned
homes/properties, rehabilitate, redevelop, resell and/or rent these homes to help stabilize
neighboring homes and neighborhoods. The funds may not be used to assist households
at risk of foreclosure.
In December 2008, the City submitted the Draft Amended Annual Action Plan to HUD
identifying how the City would obligate the funds within an 18 month period by
allocating them to the following three activities:
1. Neighborhood Stabilization Homebuyer Program ($1,547,064): The City currently
administers a Down Payment and Closing Cost Assistance Program funded through
the HOME program, limited to assisting households earning no more than 80% of the
Area Median Income (AMI). The new NSP funding will expand the existing program
and allow funds to be used by families earning up to 120% of the AMI by providing
soft second financial assistance to low- and moderate-income buyers. HUD requires
that NSP funds be utilized in "Tazgeted Areas, which aze those areas of the city in
``greatest need". This is the most effective mechanisms for stabilizing neighborhoods,
which is the purpose of these funds. These target neighborhoods include portions of
northwest and southwest Chula Vista, Eastlake, and Otay Ranch communities.
Although the targeted aeeas have been identified for use of the NSP funds, no specific
properties have been identified at this time and no particulaz properties are the subject
of this appropriation. The specific properties will be selected by the program
applicants and identified to City staff when the applications aze submitted. It will
then be the responsibility of City staff to process the applications pursuant to the
program guidelines. A summary of the program is provided as Attachment 1.
2. Rental Housing for Very Low Income Households ($1,000,000): The City will
pursue a competitive process to identify an organization and assist in the purchase
and rehabilitation of foreclosed properties with the purpose of creating permanent
rental housing opportunities for residents below 50% of the AMI. The development
partners will assist the City in identifying the best method for leveraging NSP funds
with other special needs or low income housing funding opportunities. Agency
selection, approval of a projectls, and project specific agreements will be brought for
your consideration at a later date.
4-2
March 24, 2009, Item
Page 3 of 3
3. Administration of the NSP Program ($283,008): Adrinistration funds will be
utilized for staff costs associated with the management and administration of Chula
Vista's NSP program, including planning, regulatory compliance (e.g. monitoring,
inspections), contract administration, and fiscal management.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found that two
conflicts exist, in that Councilmembers Castatieda and McCann have property holdings
within. 500 feet of the boundaries or within the tazget neighborhoods which aze the
subject of this action, as follows:
• Northwest Tazget Neighborhood - Castaneda
• Southwest Tazget Neighborhood -McCann
Due to the above-identified conflicts, City staff requested a written opinion from the Fair
Political Practices Commission ("FPPC") on behalf of Councilmembers Castaneda and
McCann. In response, the FPPC opined that both Councilmembers could participate in
the decision on this matter because, "it does not appear foreseeable that the decision to
appropriate HUD funds will have a material financial effect on either council member."
FISCAL IMPACT
Neighborhood Stabilization Program funds aze block grant funds available to the City for
affordable housing purposes from the U.S. Department of Housing and Urban
Development. The proposed three activities, including the staff costs associated with the
administration of the program, are all reimbursable and eligible under the Federal
Regulations. Funds totaling $2,830,072 will be appropriated to the Community
Development Block Grant (CDBG) Fund.
ATTACHMENTS
Attachment 1: Neighborhood Stabilization Homebuyer Program Homebuyer Facts
Attachment 2: Sample HUD Funding Approval and Grant Agreement
Prepared by: Angelica Davis, Project Coordinator II,
Development Services Department, Housing Division
4-3
ATTACHMENT 1
(App/ications accepted beginning 3/16/09)
NEIGHBORHOOD STABILIZATION
FIRST-TIME HOMEBUYER PROGRAM
HOMEBUYER FACTS
WHAT IS THE NS FTHP?
On January 13, 2009 the City of Chula Vista was approved to receive 52.8M in funds from the
U.S. Department of Housing & Development (HUD) through a new Neighborhood Stabilization
Program to assist areas moss severely affected by foreclosures. A large portion of these funds
have been identified to assist first-time low- and moderate-income homebuyers with up to 570,000
in gap financing to purchase foreclosed upon properties, under the Neighborhood Stabilization First-
Time Homebuyer INS FTHB) Program. The City is contracted with Community Housing Works
ICHW) to administer the NS FTHB Program.
DOES MY HOUSEHOLD QUALIFY?
Households seeking assistance must meet all of the following criteria to be eligible:
1. All household members are first-time homebuyers (have not held an ownership interest in
residential property within the past three yearsl.
2. Total household annual income may not exceed the followina limits, as orFearuarv r3, zoos:
•,
S60,550 569,200 S77,850 586,500 S93,450 5100,350 5107,300 5114,200'
~ ~~•
'~' i
. 544,250 S50,550 556,900 563,200 568,250 573,300 578,350 583,400 ~
~ i~~
3. Upon close of escrow, you must occupy the home as your Principal Residence.
4. You must be a U.S. citizen or eligible immigrant. Legal resident aliens are eligible to apply but
must show proof of status.
5. Your households shall have sufficient income and credit-worthiness to qualify for primary
financing from a participating lender.
6. You must contribution a minimum of 3% of the total purchase price of the property.
7. Maximum liquid assets after down payment and closing cost contribution may not exceed
525,000 Inot including retirement accounts, i.e. IRA's, 4011k1, etc).
WHAT PROPERTIES ARE ELIGIBLE UNDER THE PROGRAM?
1. Properties must be located within specified NSP
Target Neighborhoods, in the City of Chula Vista.
2. Properties must be foreclosed upon single-family
homes. Manufactured/mobile homes, duplexes
triplexes or fourplexes do not qualify as eligible
properties.
3. Preference is given to properties that are less than
50 years old and may not need health & safety
repairs that exceed 524,999.
4. The maximum purchase price cannot exceed
5559,550 (effective 3/08).
5. The property owner must agree to sell the property
d f I 15 °/ b l d
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February 19, 2009
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4-4
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LOAN TERMS
t. The City's homebuyer assistance is recorded as a second trust deed and can provide qualifying
low-income (80% Area Median Income) families with up to S70,000 and moderate-income
1120% Area Median Income) families with up to 540,000:
2. Long-term residency is encouraged through a declining City interest in any accrued property
equity for the first 15 years.
3. No interest is charged on the loan lexcept in the case of default) and after 15 full years of
owner occupancy, only the principal remains due and payable.
1. Attend an 8 hour HUD certified homebuyer education class.
2. Submit a loan application to a CHW certified lender to pre-qualify for primary financing. They
will determine the following:
a. Pre-qualify you for a first mortgage amount;
b. Calculate income to determine eligibility for a NS FTHB loan I"gap financing"); and
c. Estimate your maximum purchase price.
3. Complete the City NS FTHB application and submit it to Community Housing Works.
a. If deemed eligible, the City will issue a 60 day pre-commitment of funds letter.
4. Work with a CHW certified realtor to find an eligible property.
a. Submit an initial offer to the seller estimating 15°~ below market value.
b. Receive a certified appraisal.
c. City will issue a "Voluntary Acquisition" form to be submitted with your purchase offer.
5. Work with your lender and CHW to move through the escrow process, including:
a. Inspect the property, if the property requires rehabilitation:
i. Submit an NS FTHB Rehabilitation application.
b. CHW will require execution and recordation of documentation to fund the City loan,
including a NS FTHB Agreement, Deed of Trust, and Promissory Note.
In addition to underwriting your City loan, CHW will be servicing your loan, including:
1. Issuing annual statements on your account;
2. Sending you annual monitoring letters to confirm occupancy of the unit; and
3. Providing payoff demands, should you desire to sell or transfer the property.
For additions/program information, to sign up for a homebuyer education c/ass, and/or to receive a
list of certified lenders and realtors, please contact Community HousingWorks at www.chworks.or_q
or call 16791 282-6647.
<<rr or cec•c.a ~~sr. ` For an application and asame/e of the documents you will sign visit the
!! ~ City of Chula Vista's Redevelopment & Housing Division web page at:
Redevelopment "_-' www.chulavistaca.pov/cvrh.
eaHausing ~
L`~uPO uiiv
~V/~ February 19, 2009
2of2
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CHUTA V~I'A
4-5
WHAT IS THE PROCESS?
ATTACHMENT 2
FUNDING APPROVAL AND GRANT AGREEMENT FOR
NEIGHBORHOOD STABILIZATION PROGRAM (NSP) FUNDS
AS AUTHORIZED AND APPROPRIATED UNDER THE
HOUSING AND ECONOMIC RECOVERY ACT OF 2008
(PUBLIC LAW 110-289, JULY 30, 2008)
NSP GRANTEE:
NSP GRANT NUMBER:
NSP GRANT AMOUNT:
NSP APPROVAL DATE:
City of Chula Vista
B-08-MN-06-0504
$2,830,072
MAR - 3_:
This Gran[ Agreement between the Department of Housing and Urban Development (HUD) and
City of Chula Vista (Grantee) is made pursuant to the authority of sections 2301- 2304 of the
Housing and Economic Recovery Act of 2008 (Public Law 110-289 (7uly 30, 2008)) (ERA).
The program established pursuant to section 2301-2304 is known as the "Neighborhood
Stabilization Proa~ram" or "NSP." The Notice of Allocations, Application Procedures,
Regulatory Waivers Granted to and Alternative Requirements for Redevelopment of Abandoned
and Foreclosed Homes Under the Housing and Economic Recovery Act, 2008 published at 73
FR 58330 (October 6, 2008) (Notice); HERA; the Grantee's submission for NSP assistance
(Grantee Submission); the HUD regulations at 24 CFR Part 570 (as modified by the Notice and
as now in effect and as may be amended from time to time) (Regulations); and this Funding
Approval, including any special conditions, constitute part of the Grant Agreement.
Subject to the provisions of this Grant Agreement, HUD will make NSP Gran[ Funds in the
amount of $2.830,072 available to the Grantee upon execution of this Grant Agreement by the
parties. The Grantee shall have 18 months from the date of HUD's execution of this Gmnt
Agreement to obligate the NSP Grant Amount pursuant to [he requirements of HERA and the
Notice. The Grantee shall have 48 months from the date of HUD's execution of this Grant
Agreement to expend the NSP Grant Amount pursuant to the requirements of the Notice. The
NSP Grant Funds maybe used to pay eligible costs arising from eligible uses incurred after the
NSP Approval Date provided the activities to which such costs are related are carried out in
compliance with all applicable requirements. Pre-award planning and general administrative
costs may not be paid with funding assistance except as permitted in the Notice; the Notice limits
such costs to those incurred on or after September 29, 2008. Other pre-awazd costs may not be
paid with funding assistance except as permitted by 24 CFR 570.200(h}; for purposes of NSP,
such costs are limited to those incurred on or after the date that the NSP substantial amendment
was received by HUD.
4-6
The Grantee agrees to assume all of the responsibilities for environmental review,
decisionmaking, and actions, as specified and required in regulations issued by the Secretary
pursuant to Section 104(8) of Title I of the Housing and Community Development Act, as
amended (42 U.S.C. 5304) and published in 24 CFR Part 58. The Grantee further acknowledges
its responsibility for adherence to the Grant Agreement by sub-recipient entities to which it
makes funding assistance hereunder available.
This Grant Agreement may be amended only with the prior written approval of HUD. In
considering proposed amendments to this Grant Agreement, HUD shall review, among other
things, whether the amendment is otherwise consistent with HERA, the Notice, and the
Regulations.
The Grantee may amend its Grantee Submission; however, such amendments, including
substantial amendments as defined in 24 CFR Pazt 91, will be subject ro the requirements of 24
CFR Part 91 (or any successor regulation) and any revisions HUD may make to the Notice (or
any successor Notice or regulation).
The Grantee shall at all times maintain an up-to-date copy of its Grantee Submission, including
all amendments approved by HUD, on its Internet website as required by the Notice. Further,
the Grantee shall maintain information on all drawdowns, deposits, and expenditures of grant
funds and program income under this Funding Approval and Grant Agreement and any other
records required by 24 CFR 570.506, in its files and shall make such information available fot
audit ar inspection by duly authorized representatives of HUD, HUD's Office of the Inspector
General, or the Comptroller General of the United States.
The Grantee shall submit information on performance measurement as established by the
Secretary for activities undertaken with NSP grant funds.
The Grantee is advised that providing false, fictitious or misleading information with respect to
NSP Grant Funds may result in criminal, civil or administrative prosecution under 18 USC
§1001, 18 USC §1343, 31 USC §3729, 31 USC §3801 or another applicable statute.
Close-out of this grant shall be subject to the provisions of 24 CFR 570.509 or such close-out
instructions as may hereafter be issued by HUD specifically for NSP grants.
4-7
3
This NSP Grant Agreement is binding with respect to HUD in accordance with its terms upon
the execution by HUD in the space provided above, subject to execution on behalf of the
Grantee.
The United States Department of
Housing and Urban Development
The Grantee
City of Chuta Vista
Signature of Authorized
William G. Vasquez
Name of Authorized Official
Director
Community Planning and Development
Title of Authorized Official
3 3~
Date of Sign tur
For HUD CFO Use Only
Signature of Authorized Offical
Name of Authorized Official
Title of Authorized Official
Date of Signature
95-6000690
Grantee Tax Identification Number
Balances
4-8
RESOLUTION N0.2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE FUNDING APPROVAL AGREEMENT
WITH THE DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT AND OTHER RELATED DOCUMENTS;
AND AUTHORIZING APPROPRIATIONS OF $2,830,072 TO
FUND THE AMENDED 2008/2009 ANNUAL ACTION
PLAN FOR IMPLEMENTATION OF THE
NEIGHBORHOOD STABILIZATION PROGRAM (NSP)
WHEREAS, the City of Chula Vista will receive $2,830,072 of grant funds under the
CDBG Neighborhood Stabilization Program ("NSP"); and
WHEREAS, in January, 2009, the Department of Housing and Urban Development
("HUD") approved the City's Amended 2008-2009 Annual Action Plan containing the proposed
activities to be funded with NSP funds, including the First Time Homebuyer Downpayment and
Closing Cost Assistance Program; and
WHEREAS, the City is required to execute an agreement with HUD for use of these
funds; and
WHEREAS, the City desires to appropriate the funds received from the grant to fund
the NSP Program.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista authorizes appropriations of $2,830,072 to fund the Amended 2008-2009 Annual Action
Plan activities and authorizes the City Manager to execute an agreement with the Department of
Housing and Urban Department and other necessary related documents.
Presented by:
James D. Sandoval
City Manager
4-9
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Dated: (~ 1
Funding Approval and Grant Agreement for
Neighborhood Stabilization Program (NSP) Funds
As Authorized and Appropriated Under the
Housing and Economic Recovery Act of 2008
Public Law 110-289, July 30, 2008
4-10
FUNDING APPROVAL AND GRANT AGREEMENT FOR
NEIGHBORHOOD STABILIZATION PROGRAM (NSP) FUNDS
AS AUTHORIZED AND APPROPRIATED UNDER THE
HOUSING AND ECONOMIC RECOVERY ACT OF 2008
(PUBLIC LAW 110-289, JULY 30, 2008)
NSP GRANTEE:
NSP GRANT NUMBER:
NSP GRANT AMOUNT:
NSP APPROVAL DATE:
City of Chula Vista
B-08-MN-06-0504
$2,830,072
MAR - 3 ~~~:-:
This Grant Agreement between the Department of Housing and Urban Development (HUD) and
City of Chula Vista (Grantee) is made pursuant to the authority of sections 2301 - 2304 of the
Housing and Economic Recovery Act of 2008 (Public Law 110-289 (July 30, 2008)) (HERA).
The program established pursuant to section 2301-2304 is known as the "Neighborhood
Stabilization Program" or "NSP." The Notice of Allocations, Application Procedures,
Regulatory Waivers Granted to and Alternative Requirements for Redevelopment of Abandoned
and Foreclosed Homes Under the Housing and Economic Recovery Act, 2008 published at 73
FR 58330 (October 6, 2008) (Notice); HERA; the Grantee's submission for NSP assistance
(Grantee Submission); the HUD regulations at 24 CFR Part 570 (as modified by the Notice and
as now in effect and as may be amended from time to time) (Regulations); and this Funding
Approval, including any special conditions, constitute part of the Grant Agreement.
Subject to the provisions of this Grant Agreement, HUD will make NSP Grant Funds in the
amount of $2,830,072 available to the Grantee upon execution of this Grant Agreement by the
parties. The Grantee shall have 18 months from the date of HUD's execution of this Grant
Agreement to obligate the NSP Grant Amount pursuant to the requirements of HERA and the
Notice. The Grantee shall have 48 months from the date of HUD's execution of this Grant
Agreement to expend the NSP Grant Amount pursuant to the requirements of the Notice. The
NSP Grant Funds may be used to pay eligible costs arising from eligible uses incurred after the
NSP Approval Date provided the activities to which such costs are related aze carried out in
compliance with all applicable requirements. Pre-awazd planning and general administrative
costs may not be paid with funding assistance except as permitted in the Notice; the Notice limits
such costs to those incurred on or after September 29, 2008. Other pre-award costs may not be
paid with funding assistance except as permitted by 24 CFR 570.200(h); for purposes of NSP,
such costs are limited to those incurred on or after the date that the NSP substantial amendment
was received by HUD.
4-11
The Grantee agrees to assume all of the responsibilities for environmental review,
decisionmaking, and actions, as specified and required in regulations issued by the Secretazy
pursuant to Section 104(g) of Title I of the Housing and Community Development Act, as
amended (42 U.S.C. 5304) and published in 24 CFR Part 58. The Grantee further acknowledges
its responsibility for adherence to the Grant Agreement by sub-recipient entities to which it
makes funding assistance hereunder available.
This Grant Agreement may be amended only with the prior written approval of HUD. In
considering proposed amendments to this Grant Agreement, HUD shall review, among other
things, whether the amendment is otherwise consistent with HERA, the Notice, and the
Regulations.
The Grantee may amend its Grantee Submission; however, such amendments, including
substantial amendments as defined in 24 CFR Part 91, will be subject to the requirements of 24
CFR Part 91 (or any successor regulation) and any revisions HUD may make to the Notice (or
any successor Notice or regulation).
The Grantee shall at all fimes maintain an up-to-date copy of its Grantee Submission, including
all amendments approved by HUD, on its Internet website as required by the Notice. Further,
the Grantee shall maintain information on all drawdowns, deposits, and expenditures of grant
funds and program income under this Funding Approval and Grant Agreement and any other
records required by 24 CFR 570.506, in its files and shall make such information available for
audit or inspection by duly authorized representatives of HUD, HUD's Office of the Inspector
General, or the Comptroller General of the United States.
The Grantee shall submit information on performance measurement as established by the
Secretary for activities undertaken with NSP grant funds.
The Grantee is advised that providing false, fictitious or misleading information with respect to
NSP Grant Funds may result in criminal, civil or administrative prosecution under 18 USC
§1001, 18 USC §1343, 31 USC §3729, 31 USC §3801 or another applicable statute.
Close-out of this grant shall be subject to the provisions of 24 CFR 570.509 or such close-out
instructions as may hereafter be issued by HUD specifically for NSP grants.
4-12
3
This NSP Grant Agreement is binding with respect to HUD in accordance with its terms upon
the execution by HUD in the space provided above, subject to execution on behalf of the
Grantee.
The United States Department of
Housing and Urban Development
Title of Authorized Official
Date of Signature
The Grantee
City of Chula Vista
Signature of Authorized Offical
Name of Authorized Official
Title of Authorized Official
Date of Signature
95-6000690
Grantee Tax Identification Number
For HUD CFO Use Only
Current Balances Increases/Decreases Endin Balance Date
4-13
Name of Authorized Official
Director
Community Planning and Development
CITY COUNCIL
AGENDA STATEMENT
~~~ CITY OF
""~ CHULA VISTA
Item No.:
Meeting Date: 3/24/09
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE FILING OF AN
APPLICATION FOR TRANSPORTATION PLANNING
GRANT FUNDS THROUGH THE CALIFORNIA
DEPARTMENT OF TRANSPORTATION FOR THE
PALOMAR GATEWAY DISTRICT SPECIFIC PLANNING
PROCESS, CONFIRMING THE LOCAL NECESSARY
MATCH FUNDS FOR THE PROJECT, STATING THE CITY'S
ASSURANCE. TO COMPLETE THE PROJECT SHOULD
GRANT FUNDING BE AWARDED, AND AUTHORIZING
DEPUTY CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE ALL DOCUMENTS NECESSARY TO SECURE
THE GRANT FUNDING SHOULD A GRANT BE AWARDED
RECORDING REQUIRED? YES ^ NO X
SUBMITTED BY: DEPUTY CITY MANAGER/DEVELOPMENT SERVICES
DIRECTO)~
REVIEWED BY: CITY MANAGER
4/STH5 VOTE: YES ^ NO
SUMMARY
The California Department of Transportation (Caltrans) has announced available transportation
planning project grant funding for Fiscal Years 2009 and 2010 through its competitive
Transportation Planning Grant Program. The call-for-projects and guidelines provide qualifying
criteria, and the grant application deadline is April 1, 2009. Considering the criteria, staff
proposes submitting an application to request funding for the Palomaz Gateway District Specific
Planning process, which is part of the larger specific planning effort for the Southwest azea of
Chula Vista. Staff is seeking Council approval to submit the application, which requires a
supporting Resolution.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act (CEQA) and has determined that the project qualifies
for a Class 6 categorical exemption pursuant to Section 153306 (Information Collection) of the
5-1
Item No.: S
Meeting Date: 3-24-09
Page 2 of 4
State CEQA Guidelines. Thus, no further environmental review is necessazy for submitting the
grant applications.
RECOMMENDATION
That the City Council approve the Resolution authorizing submittal of the grant application to
Caltrans.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
Grant Program Overview
Caltrans is calling for applications from counties, cities and non-profit organization requesting
funding for projects and activities intended to improve transportation planning. Transportation
Planning Grants are intended to promote strong and healthy communities, economic growth, and
protection of our environment, and support closer placement of jobs and housing, efficient
movement of goods, community involvement in planning, safe and convenient pedestrian and
bicycle mobility and access, smart or strategic land use, and commute alternatives.
There are several types of grants that may be applied for in Fiscal Year 2009-2010, including
Environmental Justice, Community-Based Transportation Planning, Partnership Planning, as
well as other Transit Planning activities. Staff is proposing to submit an application for funding
under the Community-Based Transportation Planning Grant to fund the preparation of a specific
plan for the Palomar Gateway area in southwest Chula Vista. The overall purpose of the
Community-Based Transportation Planning Grant is to fund coordinated transportation and land
use planning projects that encourage community involvement and partnerships. Projects funded
through this program must support livable/sustainable community concepts with a transportation
or mobility objective and promote community identity and quality of life. The final product is
expected to be a documented study, plan or concept that can be used by the applicant to further
smart growth and a community's sustainability. One of the key objectives is for project
proposals to involve conceptual-level plans or study activities that encourage community-based
stakeholder collaboration and consensus building through active public engagement. Each
proposal should display atransportation/land use benefit that will likely induce additional
benefits. Eligible projects include:
- Transit Oriented/Adjacent Development or "Transit Village" studies or plans;
- Mixed-land use development studies or plans;
- Form-based or smart code development;
- Community design guidelines planning;
Community-Based Transportation Planning grants will be awarded throughout California on a
competitive basis. The state-wide estimated funding available is approximately $3 million with a
maximum grant request of $300,000 per project in the Community-Based Transportation
Planning grant category. Funding for each project requires a local match equal to 20 percent of
the grant total; one-half may be in-kind and one-half must be local funding. Following is a
5-2
Item No.: S
Meeting Date: 3-24-09
Page 3 of 4
summary of the project application that will be submitted should Council authorize each. Staff
continues to compile the associated document details and exhibits due to Caltrans by 5:00 p.m.
on Wednesday, April 1, 2009.
Overview of Proposed Grant Application
In thoroughly reviewing and considering the application guidelines and criteria noted above,
along with available resources, staff is proposing to submit an application for the Community-
Based Transportation Planning grant for preparation of the Palomar Gateway District Specific
Plan (PGDSP). The proposed grant application seeks a total of $300,000 to fund preparation of
the PGDSP, along with related technical studies. Staff has considered the work program
implications of the project and developed the proposed project schedule that would allow
completion of the project within the necessary timeframes should the grant be awazded. Staff
has also verified the availability of funds that have already been allocated to the project and
which could be stated as "matching funds." This includes the value of any in-kind contribution
of staff hours for management of the project. Staff has been working with the public on several
aspects of the project as described below, and work associated with the grant application will
include continued public participation. Should the City be successful in obtaining grant funds,
staff will outline more specifically the community input process as part of the report on
acceptance of the grant funds.
The 2005 General Plan Update designated several districts along the commercial and industrial
comdors in the southwest area of Chula Vista as "areas of change". These Districts are as
follows: Palomar Gateway District, South Third Avenue District, South Broadway District,
West Fairfield District, and Main Street Industrial District. These areas of change will require
new tools, such as zoning regulations, design guidelines and/or transportation and streetscape
plans, to be developed in order to further the vision established by the General Plan. The
PGDSP will be the first in a series of plans developed to help realize the General Plan's vision
for this area.
A key component of any successful planning effort is community involvement. City staff has
been working on a major community outreach effort known as Southwest United in Action
(SUA). The purpose of this initiative is to outreach to the local community and establish
paztnerships that will facilitate community participation in a variety of activities. The community
outreach and participation established through SUA will continue throughout the PGDSP
process. In addition, staff is also currently funded to conduct initial public design workshops in
the southwest. area, including one for the Palomar Gateway area. The community input from
these design workshops will be instrumental in developing the PGDSP.
The 2005 General Plan designated the Palomar Gateway District as ahigh-intensity, mixed-use
Transit Focus Area around the Palomar Trolley Station area, and called for the prepazation of a
subsequent, comprehensive specific plan or other regulatory document. This district has been
selected by staff for the Caltrans grant application based on the district's land use designations
and transportation-orientation, which have a strong link to the Caltrans Community-Based
"Transportation Planning Grant. The PGDSP will guide the coordinated establishment of amixed-
use transit focus azea, within walkable distance of the Palomar Trolley Station, and encourage
transit use. The PGDSP will include guidelines and zoning-level standards for the arrangement
of land uses that include plans for adequate pedestrian connections and support services for
5-3
Item No.: S
Meeting Date: 3-24-09
Page 4 of 4
residents, as well as those using the transit station. It will also build upon the pending adjacent
street improvements for both Palomar Street and Industrial Blvd funded through a previous $2
million SANDAG grant. The PGDSP will also include guidelines for the design and
implementation of a Neighborhood Park within the District. Other elements of the PGDSP will
include amulti-modal mobility plan (pedestrian, bicycle, vehicular), infrastructure/sustainability
plan, design guidelines, phasing plan, financing plan, air quality improvement plan, affordable
housing plan, and implementation plan. Additional associated efforts include the prepazation of
technical studies such as water, sewer, traffic, drainage, and public facilities financing plan.
DECISION MAKER CONFLICT
Conflict
Staff has reviewed the property holdings of the City Council and has found a conflict in that
Council member Ramirez has property holdings within 500 feet of the boundaries of the Palomaz
Gateway area that is the subject of this action.
FISCAL IMPACT
There is no impact to the General Fund from this action. Any funds identified as matching funds
in the grant application have already been budgeted through prior efforts. Identified in-kind
contributions of staff time needed to manage the project should a grant be awarded are from staff
positions within the approved City budget.
If the grant is awarded, staff will return to Council with a recommendation to accept the funds,
and to accordingly appropriate those funds into the Fiscal Year 2009-2010 budget. Any
consulting contracts to be awarded using grant funds would also be returned for Council review
and approval.
ATTACHMENTS
1. Location map of grant application areas
Prepared by.' Miguel Z Tapia, Senior Planner Development Planning Division, Development Services Dept.
J:IPlanninglDevelapment PlanninglSWSPICa[trans GrantlCaltrans Grant CC Report
5-4
RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AUTHORIZING THE FILING OF AN APPLICATION FOR
TRANSPORTATION PLANNING GRANT FUNDS THROUGH THE
CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE
PALOMAR GATEWAY DISTRICT SPECIFIC PLANNING PROCESS,
CONFIRMING THE LOCAL NECESSARY MATCH FUNDS FOR THE
PROJECT, STATING THE CITY'S ASSURANCE TO COMPLETE THE
PROJECT SHOULD GRANT FUNDING BE AWARDED, AND
AUTHORIZING DEPUTY CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE ALL DOCUMENTS NECESSARY TO SECURE THE
GRANT FUNDING SHOULD THE GRANT BE AWARDED
WHEREAS, the California Department of Transportation (Caltrans) has released acall-for-
projects for competitive grant funding through its 'transportation Planning Grant Program for
Fiscal Yeazs 2009 and 2010, with an application deadline of April 1, 2009; and
WHEREAS, a total of approximately $3.0 million in Transportation Planning grant funds
are available to local jurisdictions in Fiscal Years 2009 and 2010 to fund the adoption,
initiation, and programming of transportation improvements; and
WHEREAS, in accordance with the Caltrans Transportation Planning grant application
guidelines, the City of Chula Vista has prepared a Transportation Planning grant application
requesting $300,000 in funds for the Palomaz Gateway District Specific Planning process;
and
WHEREAS, in order to be awarded the requested Transportation grant funds, the City of
Chula Vista must first confirm that any local matching funds identified in the grant
application will be available and provided; and
WHEREAS, the City of Chula Vista is committed to completing the project identified in the
grant application should the grant be awarded; and
WHEREAS, the City of Chula Vista understands that the Caltrans funding is fixed at the
programmed amount, and that any cost increases in the project beyond the costs identified in the
application cannot be expected to be funded through the Caltrans program.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
hereby authorizes the submittal of the Transportation Planning grant application to Caltrans
requesting $300,000 for the Palomar Gateway Specific Planning process, confirms that local
match funds will be available, and provides the City's assurance to complete the project, should
a grant be awarded.
5-6
Resolution
Page z
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista hereby
authorizes Deputy City Manager, or his designee, to execute all documents necessary to secure
the grant funding should the grant be awarded.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to Caltrans
along with the required grant application package.
Presented By:
Gary Halbert, P.E., AICP
Deputy City Manager/
Director of Development Services
5-7
CITY COUNCIL
AGENDA STATEMENT
~`t~~ CITY OF
'~` CHUTA VISTA
Mazch 24, 2009 Item
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APRROVING A FIVE YEAR .
CONTRACTUAL AGREEMENT WITH SAN DIEGO
FIRE-RESCUE DEPARTMENT FOR THE PROVISION
OF FIRE AND EMERGENCY MEDICAL DISPATCH
SERVICES FORMTHE CITY OF CHULA VISTA
SUBMITTED BY: FIRE CHIEF ~L~
REVIEWED BY: CITY MANAGE
d
4/STHS VOTE: YES NO X
SUMMARY
On December 11, 2007 the City Council directed the City Manager to enter into negotiations and
execute any letters of intent or memoranda of understanding for the purpose of acquiring fire and
emergency medical dispatch services from San Diego Fire-Rescue Department. Staff has
successfully concluded negotiations and is requesting approval of a 5-year contractual agreement
between the City of Chula Vista and San Diego Fire-Rescue Department for the provision of fire
and emergency medical dispatching services for the City of Chula Vista.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator 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 does not
involve a physical change to the environment; therefore, pursuant to Section 15060[c][3] of the
State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is
necessary.
RECOMMENDATION
Council adopt the resolution.
6-1
March 24, 2009 Item_;~
Page 2
BOARDS/COMMISSIONS RECOMMENDATION
Not Applicable.
DISCUSSION
On December 4, 2007 the City Council adopted the City Manager's budget reduction plan. As
part of this plan, Council approved the closure of the Chula Vista Fire Communications Center
(CVFCC) in an effort to generate $740,000 of yearly budgetary savings. On December 11,
2007 the City Manager presented a report prepazed by the Chula Vista Fire Department
recommending to the City Council to contract with San Diego Fire-Rescue Department for fire
and emergency medical dispatch services. This report recommended the transfer of fire and
emergency medical dispatching services based on the following service elements that were to be
provided by San Diego Fire-Rescue Department:
• Dedicated dispatching staff to service City of Chula Vista calls for service
• Dedicated Fire Computer Aided Dispatch (CAD) for improved dispatch performance
• Automatic Vehicle Location (AVL) technology to enable the dispatch of the closest
available units to calls for service resulting in improved response times
• Implementation of dispatching procedures that were similaz to those employed previously
by the Chula Vista Fire Communications Center (CVFCC) in order to ensure continuity
of service
The City Council approved the recommendations contained in the City Manager's report and
directed the City Manager to enter into negotiations and execute any letters of intent or
memoranda of understanding for the purpose of acquiring fire and emergency medical dispatch
services from San Diego Fire-Rescue Department.
In an effort to expedite the transfer of dispatching services to San Diego Fire-Rescue Department
and generate the necessazy budgetary savings, the City of Chula Vista signed a letter of
agreement with San Diego Fire-Rescue Department as a means of accomplishing the transfer of
dispatching services. City of Chula Vista Fire Department personnel worked closely -with San
Diego Fire-Rescue Department personnel to complete the transfer of dispatching services in
record time. On March 3, 2008 the transfer of dispatching services was successfully achieved
within the estimated costs thus ensuring the projected budgetazy savings.
The City is currently receiving its fire and emergency medical dispatching services From San
Diego Fire-Rescue Department. Chula Vista Fire Department personnel continue to work with
San Diego Fire-Rescue Department in an effort to refine operations for better service delivery.
Thus far, San Diego Fire-Rescue Department has satisfactorily met the City of Chula Vista's
dispatching service requirements.
Subsequent to the transfer of dispatching services, City of Chula Vista and City of San Diego
attorney staffs have negotiated a contractual agreement that formalizes the City of Chula Vista's
acquisition of fire and emergency medical dispatching services from San Diego Fire-Rescue
Department. This agreement is effective March I, 2008 and continues to the last day in February
2013. The yearly cost of this contract to the City of Chula including labor and materials is
6-2
Mazch 24, 2009 Item~~
Page 3
$460,000. In addition, the agreement contains the following service provisions to be performed
and provided by San Diego Fire-Rescue Department:
a. Processing all fire and medical related emergency calls via the 911
Secondary Public Safety Answering Point (PSAP).
b. Triaging medical calls using the Emergency Medical Dispatch process
which includes:
i. Automated Pro QA Emergency Medical Dispatching (EMD) with
call downgrading features.
ii. Coordinated dispatch efforts with American Medical Response
(AMR) for ambulances within Chula Vista with the use of an
automated TriTeeh Computer Aided Dispatch (CAD) to GEAC
CAD interface.
c. 800 Mhz Radio Communications System (RCS) Radio dispatch services
to coordinate with Chula Vista's 800 Mhz RCS existing equipment and
RCS member rights.
d. Dynamic Automatic Vehicle Location (AVL/CAD) driven dispatch of
closest available resource(s) to given emergency, incident type(s), and
location(s).
e. VisiNet Mobile Data Computer services.
f Mobile Data Computer (MDC/CAD) driven mapping and live-routing
services.
g. TriTech CAD View services.
h. CAD Data Collection and Reporting services that will provide pre-
established data collection points and generated reports including yeazly,
quarterly, monthly reports; Growth Management Oversight Commission
(GMOC) data; call for service statistics and/or other incident specific data
and reports as available.
i. Records Management System (RMS) services that will permit a TriTech
to Firehouse interface; a download of CAD data as needed; Fire Station
Alerting Services; TriTech to Westnet interface.
j. Paging Services between TriTech and American Messaging interface.
The agreement also contains the necessary indemnification, insurance and termination language
that protects the interests of the City of Chula Vista and the City of San Diego. Staff is
recommending that Council approve this agreement for the purpose of formalizing the City's
6-3
March 24, 2009 Remy
Page 4
acquisition of fire and emergency medical dispatching services from San Diego Fire-Rescue
Department.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property holdings
within 500 feet of the boundazies of the property which is the subject of this action.
FISCAL IMPACT
There is no fiscal impact for adopting this resolution. Funds for this contractual agreement are
contained in the current fiscal year Chula Vista Fire Department's budget.
Attachment:
Contractual Agreement
6-4
RESOLUTION NO.2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APRROVING A FIVE YEAR CONTRACTUAL
AGREEMENT WITH SAN DIEGO FIRE-RESCUE
DEPARTMENT FOR THE PROVISION OF FIRE AND
EMERGENCY MEDICAL DISPATCH SERVICES FOR THE
CITY OF CHULA VISTA
WHEREAS, on December 4, 2007, the City Council adopted the City Manager's budget
reduction plan; and
WHEREAS, as part of this plan, Council approved the closure of the Chula Vista Fire
Communications Center (CVFCC) in an effort to generate $740,000 of yearly budgetazy savings;
and
WHEREAS, on December 11, 2007, the City Manager presented a report prepared by the
Chula Vista Fire Department recommending to the City Council to contract with San Diego Fire-
Rescue Department for fire and emergency medical dispatch services; and
WHEREAS, the City Council approved the recommendations contained in the City
Manager's report and directed the City Manager to enter into negotiations and execute any letters
of intent or memoranda of understanding for the purpose acquiring fire and emergency medical
dispatch services from San Diego Fire -Rescue Department; and
WHEREAS, City of Chula Vista and City of San Diego attorney staffs have negotiated a
contractual agreement that formalizes the City of Chula Vista's acquisition of fire and
emergency medical dispatching services from San Diego Fire-Rescue Department; and
WHEREAS, this agreement is effective March 1, 2008, and continues to the last day in
February 2013; and
WHEREAS, the yearly cost of this contract to the City of Chula including labor and
materials is $460,000; and
WHEREAS, funds for this contractual agreement are contained in the current fiscal year
Chula Vista Fire Department's budget and will result in no fiscal impact to the General Fund;
and
WHEREAS, the agreement also contains the necessary indemnification, insurance and
termination language that protects the interests of the City of Chula Vista and the City of San
Diego; and
6-5
Resolution No. 2009-
Page 2
WHEREAS, San Diego, by way of Ordinance Number 0-2008-113, approved by its
Council and Mayor, resolved that San Diego's interests would be best served by entering into an
agreement with Chula Vista to provide Chula Vista with Fire And Emergency Medical Dispatch
Services under the terms described in said ordinance and in accordance with the December 17,
2007, letter agreement signed by the Parties; and
WHEREAS, it would be to the benefit of each party and in the best interests of the
citizens of the respective jurisdictions for San Diego to provide fire and emergency medical
dispatch services to Chula Vista in order to protect the health and safety of all affected residents.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the contractual agreement for the provision of Fire and Emergency
Medical Dispatch Services with San Diego Fire-Rescue Department for the five year period
Mazch 1, 2008, until the last day of February 2013, for the yearly sum of $460,00 to include
persommel and materials costs.
Presented by
Dave Hanneman
Fire Chief
Approved as to form by
`$art C. Miesfeld
City Attorney
6-6
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
D4v~cy
Bart . Miesfeld
City Attorney
Dated: ~ - 1 ~ - 6
Agreement between the City of San Diego and
The City of Chula Vista
Regarding Fire and Emergency Medical Dispatch Services
6-7
Fire and Emergency Medical Dispatch Services
AGREEMENT
BETWEEN
THE CITY OF SAN DIEGO
AND
THE CITY OF CHULA VISTA
REGARDING FIRE AND EMERGENCY MEDICAL DISPATCH SERVICES
THIS AGREEMENT is entered by and between the City of San Diego, a municipal
corporation, [San Diego] and the City of Chula Vista, a municipal corporation, [Chula Vista],
sometimes referred to jointly herein as the Parties.
RECITALS
WHEREAS, San Diego and Chula Vista have organized and equipped fire departments
chazged with the duty of fire protection and rescue within the limits of said Parties; and
WHEREAS, Chula Vista, by way of Resolution Number 2007-289, approved by its
Council and Mayor, resolved that Chula Vista's interests would be best served by entering into
an agreement with San Diego to outsoutce Chula Vista's fire and emergency medical dispatch
services to San Diego; and
WHEREAS, San Diego, by way of Ordinance Number 0-2008-113, approved by its
Council and Mayor, resolved that San Diego's interests would be best served by entering into an
agreement with Chula Vista to provide Chula Vista with Fire And Emergency Medical Dispatch
Services under the terms described in said ordinance and in accordance with the December 17,
2007 letter agreement signed by the Parties; and
WHEREAS, it would be to the benefit of each party and in the best interests of the
citizens of the respective jurisdictions for San Diego to provide fire and emergency medical
dispatch services to Chula Vista in order to protect the health and safety of all affected residents;
and
WHEREAS, Chula Vista desires and intends per the terms of this contract to pay San
Diego for services.
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants
and conditions contained in this Agreement, and for good and valuable consideration, the receipt
and sufficiency of which aze hereby acknowledged, Chula Vista and San Diego agree as follows:
A. Term of Agreement
This Agreement shall be become effective as of Mazch 1, 2008, or upon its final
execution by the Parties and their respective City Councils, which ever comes first, and
shall be effective until the last day of February 2013, five years after its inception.
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6-8
Fire and Emergency Medical Dispatch Services
B. Obligations of the Parties
The service descriptions herein outline specific aspects of service relevant to the
performance of the emergency dispatch services by San Diego. To the extent that
safety, technological or any other necessary changes warrant an amendment of the
specific service or method employed to provide the Fire and Emergency Medical
Dispatch Services contemplated herein, neither Party may unreasonably refuse to
implement safety, technological, cost-saving efforts or changes.
The dispatch services that will be provided include services and technology:
a. Processing all fire and medical related emergency calls via the 911
Secondary Public Safety Answering Point (PSAP).
b. Triaging medical calls using the Emergency Medical Dispatch process
which includes:
Automated Pro QA Emergency Medical Dispatching (EMD) with
call downgrading features.
ii. Coordinated dispatch efforts with American Medical Response
(AMR) for ambulances within Chula Vista with the use of an
automated TriTech Computer Aided Dispatch (CAD) to GEAC
CAD interface.
c. 800 Mhz Radio Communications System (RCS) Radio dispatch services
to coordinate with Chula Vista's 800 Mhz RCS existing equipment and
RCS member rights.
d. Dynamic Automatic Vehicle Location (AVL/CAD) driven dispatch of
closest available resource(s) to given emergency, incident type(s), and
location(s).
e. VisiNet Mobile Data Computer services.
£ Mobile Data Computer (MDC/CAD) driven mapping and live-routing
services.
g. TriTech CAD View services.
h. CAD Data Collection and Reporting services that will provide pre-
established data collection points and generated reports including yearly,
quarterly, monthly reports; Growth Management Oversight Commission
(GMOC) data; call for service statistics and/or other incident specific data
and reports as available.
Records Management System (RMS) services that will permit a TriTech
2
6-9
Fire and Emergency Medical Dispatch Services
to Firehouse interface; a download of CAD data as needed; Fire Station
Alerting Services; TriTech to Westnet interface.
Paging Services between TriTech and American Messaging interface.
San Diego anticipates one-time installations of technology to accommodate the
transition of dispatch services to the Fire Communications Center as follows:
San Diego will contract with TriTech Softwaze Systems on behalf of Chula Vista
to develop and install several softwaze interfaces according to mutually agreed
upon Operational Specification Documents (OSD) as listed below. Chula Vista
agrees to fully reimburse the City of San Diego as invoiced for these interface
milestones. These interfaces include the following:
a. Station Alerting.
b. Fire Records Management.
c. .Mobile Data Computers.
d. CAD to CAD with American Medical Response.
Rip and Run Printer (prints a hazd copy of incident information in
the Fire Station for units to take with them on the way to a
response).
TriTech will bill San Diego for these interfaces in three installments. The billing
statements aze as follows:
a. First payment by San Diego to TriTech due at Receipt of Purchase
Order in the amount of $58,644.
b. Second payment by San Diego to TriTech due at Installation of
Interfaces in the amount of $58,644.
c. Third payment by San Diego to TriTech due upon successful
completion of the Acceptance Test Plan (ATP) in the amount of
$58,644.
Chula Vista agrees to fully reimburse San Diego for invoiced expenses incurred
by Motorola Incorporated related to the movement, installation, re-programming
and operation of the 800 MHz RCS radio equipment in San Diego's Fire
Communications Center. The billing statements aze as follows:
a. First payment by San Diego to Motorola Incorporated due at Receipt of
Purchase Order in the amount of $84,891.50.
3
6-10
Fire and Emergency Medical Dispatch Services
b. Second payment by San Diego to Motorola Incorporated due at
completion of Installation and Testing in the amount of $84,891.50.
San Diego will hire and train four Full Time Equivalent (FTE) Fire Dispatchers to
accommodate the increased call volume that is anticipated with the execution of
this contract. The cost of these four FTEs (including salazy and benefits) will be
paid by Chula Vista as part of the yearly contract price of $460,000. Also
included in this yearly contract price is the cost of yeazly software maintenance
fees and radio maintenance fees billed to San Diego from TriTech Software
Systems and Motorola Incorporated.
C. Manner. of Payment
San Diego shall provide to Chula Vista, on a quarterly basis, a statement for
services rendered under this contract and payment by Chula Vista shall be
remitted 30 days thereafter.
2. The Parties shall maintain books, records, logs, documents, and other evidence
sufficient to record all actions taken with respect to rendering services under this
Agreement throughout the performance of services and for ten (10) yeazs
following completion of services under this Agreement. The parties further agree
to allow for mutual inspection, copying and auditing of such books, records,
documents and other evidence at all reasonable times.
D. Indemnification and Insurance
Indemnification.
The City shall defend, indemnify, and hold harmless Chula Vista, its elected
officials, officers, agents, employees, and attorneys (hereinafter collectively
referred to as "Chula Vista Parties") from and against any and all claims asserted
or liability established for damages or injuries to any person or property
(hereinafter collectively referred to as "Claims") related to or arising out of this
Agreement or the work performed pursuant to this Agreement, but only to the
extent such Claims azise directly or indirectly from any negligent act, error, or
omission of the City, its officials, employees or agents, and not including Claims
caused by the concurrent negligent act, error or omission of Chula Vista Parties,
or by the sole negligence or willful misconduct of Chula Vista Parties.
Chula Vista shall defend, indemnify, and hold harmless the City, its elected
officials, officers, agents, employees, and attorneys (hereinafter collectively
referred to as "City Parties") from and against any and all claims asserted or
liabilityestablished for damages or injuries to any person or property (hereinafter
collectively referred to as "Claims") related to or arising out of this Agreement or
the work performed pursuant to this Agreement, but only to the extent such
Claims arise directly or indirectly from any negligent act, error, or omission of the
County, its officials, employees, or agents, and not including Claims caused by
4
6-11
Fire and Emergency Medical Dispatch Services
the concurrent negligent act, error or omission of City Parties or by the sole
negligence or willful misconduct of City Parties.
2. Insurance Requirements. Chula Vista, at its sole cost and expense, shall purchase
and maintain in full force and effect during the term of the Agreement, and all
amendments to the Agreement, the following insurance coverage:
a. Commercial Automobile Liability. Automobile insurance covering
damages for all bodily injury or property damage incurred during the
performance of this Agreement, with a minimum combined single limit of
$1,000,000. Such automobile insurance shall include hired and non-owned
vehicles.
b. Commercial General Liability. Comprehensive general liability insurance,
with minimum limits of $1,000,000 per occurrence and an annual
aggregate of $2,000,000, covering all personal injury, bodily injury and
property damage arising out of its operation under this Agreement.
Contractual liability shall include coverage of tort liability of another party
to pay for bodily injury or property damage to a third person or
organization. Contractual liability limitation endorsement is not
acceptable.
Worker's Compensation. For all of the Chula Vista's employees who aze
subject to this Agreement and to the extent required by the State of
California, Chula Vista shall keep in full Force and effect, a workers
compensation policy. That policy shall provide a minimum of $1,000,000
of employer's liability coverage, and the Chula Vista shall provide an
endorsement that the insurer waives the right of subrogation against San
Diego and its respective elected officials, officers, employees, agents and
representatives.
d. Rating Requirements. All insurance required by express provision of this
Agreement shall be carved only by responsible insurance companies that
have been given at least an "A" & "V" rating in the current AM BEST,
that aze licensed to do business in the State of California, and that have
been approved by San Diego.
e. Deductibles. All deductibles on any policy shall be the responsibility of
Chula Vista.
f. Specific Provisions Required. Each policy required under this section shall
expressly provide, and an endorsement shall be submitted to San Diego,
that:
i. Except as to Workers Compensation, the City of San Diego and its
respective elected officials, officers, employees, agents, and
representatives shall be named as additional insured. San Diego's
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Fire and Emergency Medical Dispatch Services
Additional Insured status must be reflected on additional insured
endorsement form CG 20 10, or equivalent, which shall be
submitted to San Diego.
ii. Primary and Non-Contributory Coverage. The policy or policies
must be endorsed to provide that the insurance afforded by the
Commercial General Liability policy or policies is primary to any
insurance or self-insurance of the City of San Diego and its elected
officials, officers, employees, agents and representatives as
respects operations of the Named Insured. Any insurance
maintained by the City of San Diego and its elected officials,
officers, employees, agents and representatives shall be in excess
of Consultant's insurance and shall not contribute to it.
iii. The policies cannot be canceled, non-renewed or materially
changed except after thirty (30) calendaz days prior written notice
by the Chula Vista to San Diego by certified mail, as reflected in
an endorsement which shall be submitted to San Diego except for
non-payment of premium, in which case ten (10) days notice will
be provided.
iv. Before performing any services under this Agreement, Chula Vista
shall provide San Diego with all Certificates of Insurance
accompanied with all endorsements.
v. Chula Vista may obtain additional insurance not required by this
Agreement.
If any required insurance coverage is provided on a "claims made" rather than
"occurrence" form, Chula Vista shall maintain such insurance coverage for three (3)
yeazs after expiration of the term{and any extensions) of this Agreement.
If Chula Vista does not keep all of such insurance policies in full force and effect at all
times during the temm of this Agreement, San Diego may elect to treat the failure to
maintain the requisite insurance as a breach of the contract and terminate the Agreement
as provided herein.
E. Right to Terminate for Convenience
Either party may terminate the services agreed to pursuant to this contract by giving
written notice of such termination to the other party. Such notice shall be delivered by
certified mail with return receipt for delivery to the noticing party. The termination of the
services shall be effective thirty days after the receipt of the notice by the noticed party.
F. Right to Terminate for Default
6
6-13
Fire and Emergency Medical Dispatch Services
If Chula Vista fails to perform or adequately perform any obligation required by this
Agreement, Chula Vista's failure constitutes a Default. If Chula Vista fails to
satisfactorily cure a Default within thirty (30) calendaz days of receiving written notice
from San Diego specifying the nature of the Default, San Diego may immediately cancel
and/or terminate this Agreement, and terminate each and every right of Chula Vista, and
any person claiming any rights by or through the Chula Vista under this Agreement. The
rights and remedies of San Diego enumerated in this pazagraph aze cumulative and shall
not limit San Diego's rights under any other provision of this Agreement, or otherwise
waive or deny any right or remedy, at law or in equity, existing as of the date of this
Agreement or enacted or established at a later date, that may be available to San Diego
against Chula Vista.
G. City of San Diego Contract Requirements
To the extent appropriate in light of the rights and duties specified in this contract, and as
applicable to particulaz parties, the following requirements shall apply:
Drug-Free Workplace. Chula Vista agrees to comply with San Diego's Drug-Free
Workplace requirements set forth in Council Policy 100-17, adopted by San
Diego Resolution R-277952 and incorporated into this Agreement by this
reference.
2. ADA Certification. Chula Vista hereby certifies that it agrees to comply with San
Diego's Americans With Disabilities Act Compliance/City Contracts requirements
set forth in Council Policy 100-04, adopted by San Diego Resolution R-282153
and incorporated into this Agreement by this reference.
3. Non-Discrimination Requirements.
a. Compliance with San Diego's Equal Opportunity Contracting Program.
Chula Vista shall comply with San Diego's Equal Opportunity Contracting
Program Consultant Requirements. Chula Vista shall not discriminate
against any employee or applicant for employment on any basis prohibited
by law. Chula Vista shall provide equal opportunity in all employment
practices. The Consultant shall ensure that its Subcontractors comply with
San Diego's Equal Opportunity Contracting Program Consultant
Requirements. Nothing in this Section shall be interpreted to hold Chula
Vista liable for any discriminatory practice of its Subcontractors.
Non-Discrimination Ordinance. Chula Vista shall not discriminate on the
basis of race, gender, religion, national origin, ethnicity, sexual
orientation, age, or disability in the solicitation, selection, hiring or
treatment of Subcontractors, vendors or suppliers. Chula Vista shall
provide equal opportunity for Subcontractors to participate in
subcontracting opportunities. Chula Vista understands and agrees that
violation of this clause shall be considered a material breach of the
contract and may result in contract termination, debarment, and other
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Fire and Emergency Medical Dispatch Services
sanctions. This language shall be in contracts between the Chula Vista and
any Subcontractors, vendors and suppliers.
c. Compliance Investigations. Upon San Diego's request, the Chula Vista
agrees to provide to San Diego, within sixty (60) calendar days, a truthful
and complete list of the names of all Subcontractors, vendors, and
suppliers that Chula Vista has used in the past five (5) yeazs on any of its
contracts that were undertaken within San Diego County, including the
total dollaz amount paid by Chula Vista for each subcontract or supply
contract. Chula Vista further agrees to fully cooperate in any investigation
conducted by San Diego pursuant to San Diego's Nondiscrimination in
Contracting Ordinance [San Diego Municipal Code sections 22.3501-
22.3517]. Chula Vista understands and agrees that violation of this clause
shall be considered a material breach of the contract and may result in
remedies being ordered against Chula Vista up to and including contract
termination, debarment, and other sanctions for violation of the provisions
of the Nondiscrimination in Contracting Ordinance. Chula Vista further
understands and agrees that the procedures, remedies and sanctions
provided for in the Nondiscrimination Ordinance apply only to violations
of said Nondiscrimination Ordinance.
H. Product Endorsement
Chula Vista acknowledges and agrees to comply with the provisions of San Diego's
Administrative Regulation 95-65, concerning product endorsement. Any advertisement
identifying or referring to San Diego as the user of a product or service requires the prior
written approval of San Diego.
I. Conflict of Interest
Chula Vista is subject to all federal, state and local conflict of interest laws, regulations
and policies applicable to public contracts and procurement practices including, but not
limited to, California Government Code sections 1090, et. seq. and 81000, et. seq. San
Diego may determine that a conflict of interest code requires Chula Vista to complete one
or more statements of economic interest disclosing relevant financial interests. Upon San
Diego's request, Chula Vista shall submit the necessary documents to San Diego.
Chula Vista shall establish and make known to its employees and agents
appropriate safeguards to prohibit employees from using their positions for a
purpose that is, or that gives the appeazance of being, motivated by the desire for
private gain for themselves or others, particulazly those with whom they have
family, business or other relationships.
2. In connection with any task, Chula Vista shall not recommend or specify any
product, supplier, or contractor with whom Chula Vista has a direct or indirect
financial or organizational interest or relationship that would violate conflict of
interest laws, regulations, or policies.
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Fire and Emergency Medical Dispatch Services
If Chula Vista violates any conflict of interest laws or any of these provisions in
this Section, the violation shall be grounds for immediate termination of this
Agreement. Further, the violation subjects Chula Vista to liability to San Diego
for attorney fees and all damages sustained as a result of the violation.
Mandatory Assistance
If a third party dispute arises out of, or relates in any way to the services provided under
this Agreement, upon San Diego's request, Chula Vista, its agents, officers, and
employees agree to assist in resolving the dispute. Chula Vista's assistance includes, but
is not limited to, providing professional consultations, attending mediations, azbitrations,
or any event related to the dispute resolution.
1. Compensation for Mandatory Assistance. San Diego will reimburse Chula Vista
for any fees and expenses incurred for required Mandatory Assistance as
Additional Services. San Diego in its sole discretion, shall determine whether
these fees, expenses, and services rendered under this Section, were necessary due
to Chula Vista or its agents', officers', and employees' conduct or failure to act.
If San. Diego determines that such fees, expenses, or services were necessary due
to Chula Vista or its agents', officers', and employees' conduct, in part or in
whole, San Diego is entitled to be reimbursed for any payments made for these
fees, expenses, or services. Reimbursement may be through any legal means
necessary, including San Diego's withholding of payment.
2. Attorney Fees related to Mandatory Assistance. In providing San Diego with
dispute assistance, Chula Vista or .its agents, officers, and employees may incur
expenses and/or costs. Chula Vista agrees that any attorney fees it may incur as a
result of assistance provided under this Section are not reimbursable.
K. Jurisdiction and Venue
The venue for any suit or proceeding concerning this Agreement, the interpretation or
application of any of its terms, or any related disputes shall be in the County of San
Diego, State of California.
L. Severability
The unenforceability, invalidity, or illegality of any provision of this Agreement shall not
render any other provision of this Agreement unenforceable, invalid, or illegal.
M: Contract Extensions
This Contract may be extended for five (5) additional one (1) yeaz periods by written
agreement of the parties, and subject to the Mayor's authorization of a contract extension
relative to each one yeaz extension.
9
6-16
Fire and Emergency Medical Dispatch Services
IN WITNESS WHEREOF, this agreement is executed by the City of San Diego, acting
by and through its Mayor or his designee, pursuant to San Diego City Charter section 265 and
San Diego Municipal Code section 22.3222, and by the City of Chula Vista.
I HEREBY CERTIFY that I can legally bind the City of Chula Vista, a municipal
corporation, and that I have read all of this Agreement and have executed it on behalf of the City
of Chula Vista, a municipal corporation, this day of , 2009.
By
Name
Title
Date Signed
City of San Diego, A Municipal Corporation
By
Name
Title
Date Signed
I HEREBY APPROVE the form and legality of the foregoing Agreement this day of
2009.
JAN I. GOLDSMITH
City Attorney
By
Rachel C. Lipsky
Deputy City Attorney
I HEREBY APPROVE the form and legality of the foregoing Agreement this day of
2009.
Bart Miesfeld
City Attorney for Chula Vista
10
6-17
Fire and Emergency Medical Dispatch Services
Attachments to Agreement:
Attachment A -Insurance Certificates
Attachment B -
Attachment C -
Attachment D -
11
6-18
CITY COUNCIL
AGENDA STATEMENT
J ~~(~~ c1TroF
'~"" CHULA VISTA
MARCH 24, 2009, Item
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FOURTH AMENDMENT TO
THE CONTRACT WITH ADVOCATION, INC., EXERCISING
THE CITY'S OPTION TO EXTEND THE CONTRACT FOR
LEGISLATIVE REPRESENTATION FOR THE 2009 AND 2010
LEGISLATIVE SESSIONS. ~,/
SUBMITTED BY: GOVERNMENT RE IONS LIAISON{6~
REVIEWED BY: CITY MANAGE
4/STHS VOTE: YES ~ NO ^X
SUMMARY
The City of Chula Vista's contract with the firm of Advocation, Inc. for legislative representation in
Sacramento has expired. The original agreement with the firm allowed for four two-year contract
extensions; three of which have been exercised. Staff is recommending implementation of the final
contract extension based on the firm's willingness to proceed for a fee of $1 per year.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for compliance with
the California Environmental Quality Act (CEQA) and has determined that the activity, approval
of an extension for legislative services, is not a `Project' as defined under Section 15378 of the
State CEQA Guidelines because it will not result in a physical change to the environment;
therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not
subject to CEQA. Thus, no environmental review is necessary.
RECOMMENDATION
Adopt the Resolution
BOARDS/COMMISSION RECOMMENDATION
Not Applicable
7-1
Maxch 24, 2009, Item
DISCUSSION
The City of Chula Vista has contracted for legislative representation in Sacramento since 1986:
The most recent contract, entered into with Advocation, Inc. in 2000, included an option for as
many as four two-year contract extensions. Based on the firm's history of success in promoting
Chula Vista's legislative agenda, city staff recommended and Council approved exercising the
extension options in2003, 2005 and 2007.
In 2008 the City Manager recommended abudget-reduction measure to terminate the contract
with Advocation. At that time, a year remained on the third extension to the original agreement.
Rather than terminate the contract, Advocation offered to remain the City's official lobbying
representative in Sacramento at no cost for the remainder of the 2008 legislative session. The
City Council accepted that offer and Advocation continued to work on behalf of Chula Vista.
There is one `option to extend' remaining on the original agreement between the City of Chula
Vista and Advocation, Inc. Because of the firm's long-standing commitment to the Chula Vista
community, and in light of the loss of the Government Relations Liaison position in the current
city budget, Advocation has offered to continue to provide assistance to the City for a fee of $1
per year.
Advocation is well-versed in Chula Vista's legislative agenda, and demonstrates consistently
their ability to assist the City achieve its legislative goals. Staff recommends that the City accept
the revised contractual language and exercise the final contract extension with the firm.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site
specific and consequently the 500 foot rule found in California Code of Regulations section
18704.2(a)(1) is not applicable to this decision.
FISCAL IMPACT
Direct fiscal impact of $1.00 per year for two years. Although the fiscal impacts of a lobbyist's
efforts can be difficult to estimate, past assistance from this firm has resulted in the successful
acquisition of grants and other earmarks in excess of $23 million. The firm has also played a
critical role in helping the city stop 80% of the legislation on which Chula Vista has taken an
`oppose' position during the past 8 years.
ATTACHMENTS
Fourth Amendment to the Agreement Between the City of Chula Vista and Advocation, Inc. for
Legislative Representation
Prepared by ColleenM Carnevale, Government RelationsLrauon, AdministrationDepartmeat
-2-
~-2
RESOLUTION NO. 2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FOURTH AMENDMENT
TO THE CONTRACT WITH ADVOCATION, INC.,
EXERCISING THE CITY'S OPTION TO EXTEND THE
CONTRACT FOR LEGISLATIVE REPRESENTATION FOR
THE 2009 AND 2010 LEGISLATIVE SESSIONS
WHEREAS, on December 31, 2008 the agreement with Advocation, Inc. for the
provision of legislative representation in Sacramento expired; and
WHEREAS, there is one two-year option to extend this contract remaining in the original
Agreement with Advocation, Inc.; and
WHEREAS, the firm has offered to continue representing the City of Chula Vista for
these final two years for a fee of one dollar per yeaz; and
WHEREAS based on the firm's success in promoting Chula Vista's legislative agenda
and commitment to the Chula Vista community, staff recommends exercising this option; and
WHEREAS, the effective period will be Januazy 1, 2009 through December 31, 2010.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby approves the Fourth Amendment to the Agreement with Advocation, Inc.,
exercising the City's option to extend the contract for legislative representation for the period of
Januazy 1, 2009 through December 31, 2010 at a cost of $1.00 (one dollar) per year.
Presented by
7-3
Approved as to form by
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Dated:
Fourth Amendment to
The Agreement Between the City of Chula Vista
and Advocation, Inc. for Legislative Representation
7-4
FOURTH AMENDMENT TO
the Agreement Between the City of Chula Vista
and Advocation, Inc.
for Legislative Representation
Recitals
This Fourth Amendment (the "Amendment") is entered into effective as of 3/1/09, by and
between the City of Chula Vista ("City") and Advocation, Inc. ("Consultant") with reference to
the following facts:
WHEREAS, the City and Consultant entered in an agreement ("Original Agreement"), dated
November 14, 2000 and approved by City Council Resolution 2000-429, whereby Consultant
provided Legislative Representation from January 1, 2001 to December 31, 2002; and
WHEREAS, the Original Agreement contained a provision for four two-year renewal options of
this Agreement; and
WHEREAS the first renewal option was approved as the First Amended and Restated
Agreement ("First Amendment") on November 26, 2002 by City Council Resolution 2002-487;
and
WHEREAS the second renewal option was approved as the Second Amendment on November
16, 2004 by City Council Resolution 2004-382; and
WHEREAS the third renewal option was approved as the Third Amendment on January 7, 2007
by City Council Resolution 2007-10; and
WHEREAS, the City staff have reviewed and evaluated the work of the Consultant during the
past six years and finds the work to have met all requests made by the City; and
WHEREAS, this fourth Amendment exercises the last of the four two-year renewal options; and
WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner
such that it can prepare and deliver the services required of Consultant to City within the
timeframes herein provided all in accordance with the terms and conditions of the Original
Agreement and the subsequent amendments.
NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the parties set
forth herein, the City and Consultant agree as follows:
1. Section 8.D. of Exhibit A to the Original Agreement entitled `Date for completion of all
Consultant servcies' is hereby amended to read as follows:
"8.D. Date for completion of all Consultant Services: December 31, 2010."
7-5
2. Section 11.A of Exhibit A to the Original Agreement entitled `Compensation' is hereby
amended to read as follows:
"11. A Single Fixed Fee amount of $1 (one) dollar for calendar year 2009, and $1
(one) dollar for calendar year 2010:'
3. Section 12 of Exhibit A to the Original Agreement, entitled `Materials Reimbursement
Arrangement' is hereby stricken from the contract.
4. Section 18 of Exhibit A to the Otginal Agreement, entitled `Bill Processing' is hereby
replaced with the following:
"Consultant's Billing to be submitted annually."
5. Except as expressly provided herein all other provisions of the Original Agreement shall
remain in full force and effect.
SIGNATURE PAGE TO THE FOURTH AMENDMENT TO
The Agreement Between the City of Chula Vista
and Advocation, Inc.
for Legislative Representation
City of Chula Vista
By
Cheryl Cox, Mayor
ATTEST:
Donna Norris, City Clerk
-2-
Advocation, Inc.
Charles L. Cole, President
Approved in form by:
Bart Miesfeld, City Attorney
7-6
CITY COUNCIL
A STATEMENT
~`~~ CITY OF
^~ CHULA VISTA
03/24/2009 Item
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING $70,000 FROM THE
AVAILABLE BALANCE OF THE TRAFFIC SAFETY FUND
FOR THE PURCHASE OF TRAFFIC SAFETY EQUIPMENT
SUBMITTED BY: CHIEF OF POLICE C'~.~.a ~4... l? P~
REVIEWED BY: CITY MANAGER
4/STHS VOTE: YES X NO
SUMMARY
The City of Chula Vista Police Department receives funds from each traffic related ticket
that is written. These funds are deposited into the Traffic Safety Fund. The Police
Department is requesting to appropriate $70,000 from the Traffic Safety Fund for the
purchase of equipment for the Traffic Unit to support the various traffic safety programs
that aze cunently being conducted.
ENVIRONMENTAL REVIEW
This proposed activity has been reviewed for compliance with the California
Envituonmental 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 environrnent; therefore, pursuant to Section
15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no
environmental review is necessary.
RECOMMENDATION
Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION
Not Applicable.
8-1
05/06/2008, Item
Page 2 of 3
DISCUSSION
The City of Chula Vista receives funds from each traffic ticket that is deposited into a
special Traffic Safety Fund. Funds from the Traffic Safety Fund "shall be used
exclusively for official traffic control devices, the maintenance thereof, equipment and
supplies for traffic law enforcement and traffic accident prevention..." (CVC 42200).
The department proposes utilizing these funds to purchase two mobile speed sign trailers,
a desktop computer, funds to offset the cost of vehicle maintenance for the "Crack Down
on Illegal Street Racing" program and 10 LIDAR (Laser speed guns) units.
Mobile Sign Trailers
As part of the broader Neighborhood Traffic Safety Program, the department utilizes
mobile traffic speed sign trailers to display driver's current speed in a lazge digital
format. This is to heighten awazeness to unsafe
speeds throughout the City. Currently, the = ,~ SPEEO
department has one mobile traffic speed sign -, ~t.jrM~T
~
trailer in operation, as the other was damaged J
beyond repair due to a vehicle accident. Because
of the size of the city, and the various locations
that special traffic speed enforcement and
awazeness programs aze conducted, the
department would like to purchase two p gpEEp =~
additional mobile traffic speed sign trailers to ~~
augment the depaztment's ability to help slow
traffic speeds throughout the City. These trailers ,~•_
will also be able to keep statistics regazding _
~
_
number of vehicles, date, time and speed while ;
in its operational configuration. This data is - ~ -
invaluable to determine if further efforts are ,~
~
needed to reduce speeds in a particulaz azea.
_
Deskton Computer
The department recently purchased collision investigation and crime scene diagramming
soRwaze. This softwaze provides the department with unparalleled investigative and crash
scene re-creation abilities. In order to take advantage of the full capabilities of the
softwaze, the departrnent is requesting the purchase of a new desk top computer which
will be able to process the complex accident re-creation algorithms required to accurately
reconstruct all the events preceding and during an accident. Information is pulled from
the vehicles "black box", along with various crash scene measurements and roadway
conditions to accurately re-create what happened. This information is vital to determining
fault in accidents.
Vehicle Maintenance Funds
The department has initiated the "Crackdown on Illegal Street Racing" program via a
grant from the Office of Traffic Safety. Council approved this grant in September 23,
8-2
05/06/2008, Item_~
Page 3 of 3
2008 (Resolution 2008-223). Since the Office of Traffic Safety does not fund automobile
purchases, the department has secured a donated vehicle for enforcement operations.
Funds aze being requested to offset the yeazly maintenance costs for this vehicle,
estimated at $4,000 per year. An additional $5,000 is also being requested in order to
provide maintenance on the reserve Police motorcycle fleet. These are the old Kawasaki
Police motorcycles that were recently replaced with new Honda Police Motorcycles. The
City is maintaining a fleet of the older motorcycles for use in lazge events. This will
allow the department to deploy additional motor units to handle these events (such as
concerts, 4`h of July, Yule Tide Pazade, and special enforcement activities). There are
plenty of qualified Officers throughout the department (as well as Reserve Officers) who
can assist at these large events.
LIDAR Units
The Deparhnent is in need of new LIDAR (light detecting and ranging) units. LIDAR is
similaz to RADAR, except it uses a beam of laser light to calculate vehicle speed. These
are more accurate than traditional RADAR units in heavy traffic. The Department would
like to purchase 10 portable LIDAR units to enhance the Departments ability to conduct
speed enforcement operations. These LIDAR units have been deployed in the field and
are compact enough to fit in a small case when used by regulaz patrol officers. These will
replace the aging RADAR units that Patrol currently uses.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specific and consequently the 500 foot rule found in California Code of
Regulations section 18704.2(a)(1) is not applicable to this decision.
FISCAL IMPACT
Approval of this resolution will result in the appropriation of $70,000 from the available
balance of the Traffic Safety Fund. There will be no impact to the General Fund. Any
savings that result from the procurement process will revert back to the Traffic Safety
Fund balance.
ATTACHMENTS
None
Prepared by: Edward Chew, Administrative Services Manager, Police Department
S-3
;fEV/JED //61 #8
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROPRIATING $70,000 FROM
THE AVAILABLE BALANCE OF THE TRAFFIC
SAFETY FUND FOR THE PURCHASE OF TRAFFIC
SAFETY EQUIPMENT
WHEREAS, the City of Chula Vista receives a portion of every traffic citation
paid which is deposited into the Traffic Safety Fund; and
WHEREAS, these funds are limited in what they can be spent on in accordance to
California Vehicle Code 42200; and
WHEREAS, these expenditures are allowable in accordance to California Vehicle
Code section 42200; and
WHEREAS, the Police Department is seeking to appropriate $70,000 from the
available balance of the Traffic Safety Fund to offset the cost of purchasing equipment
and supplies to support the Traffic Safety Program; and
WHEREAS, the equipment and supplies will allow the Traffic Unit to continue its
proactive traffic enforcement programs throughout the City.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula
Vista does hereby appropriates $70,000 from the available balance of the Traffic Safety Fund
to the Police Department Supplies and Services account for the purchase of traffic safety
equipment.
Presented by
Approved as to form by
Richard P. Emerson
Police Chief
1.) f /'<- 7<-/
Bart Miesfeld
City Attorney
CITY COUNCIL
AGENDA STATEMENT
~~~ CITY OF
CHULA VISTA
3/24/09, Item
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE SLBMITTAL OF GRANT APPLICATIONS
FOR STATE SAFE ROUTES TO SCHOOL FUNDING CYCLE 8 TO
IMPROVE PEDESTRIAN FACILITIES AT VARIOUS ELIGIBLE
LOCATIONS
SUBMITTED BY: DIRECTOR OF PUBLIC WORKS
REVIEWED BY: CITY MANAGER
ASSISTANT CIT ANAGER 5 T
4/STHS VOTE: YES ^ NO
SUMMARY
Califomia legislated a Safe Routes to School (SR2S) program in 1999 with the enactment of AB
1475. The goals of the program are to reduce injuries and fatalities to school children and to
encourage increased walking and bicycling among students.
The City proposes to apply for State grant funding from SR2S and has identified three locations
in which to install traffic calming improvements and missing infrastructure such as sidewallcs,
curbs, gutters and pedestrian ramps. These locations are adjacent to Lauderbach Elementary
School, Montgomery Elementary School, and Rice Elementary School.
The California Department of Transportation (Caltrans) administers the Safe Routes to School
Program to fund the construction of bicycle and pedestrian safety and traffic calming projects.
This report will inform Council that staff is preparing the grant applications and plans to submit
them to the Caltrans District Office before the April 15, 2009 deadline. Staff will return to
Council again if and when any funds are awarded to the projects.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for compliance with
the California Environmental Quality Act (CEQA) and has determined that the activity is not a
"Project" as defined under Section 15378 (b)(4) of the State CEQA Guidelines, because
the proposal consists of funding solicitation without the assurance that these funds will be
procured for future projects. Therefore, pursuant to Section 15060(c)(3) of the State CEQA
Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary.
9-1
3/24/09, Item
Page 2 of 3
RECOMMENDATION
Council adopt the resolution.
BOARDS/CObIMISSIONS
Not applicable.
DISCUSSION
The Safe Routes to School (SR2S) program began in 1999 with the enactment of Assembly Bill
1475. In 2007, Assembly Bill 57 was passed. The concept of the program is to increase the
number of children who walk or bicycle to school by funding projects to improve safety and
remove the barriers that prevent children from doing so.
A call for Cycle 8 grant applications was announced on January 15, 2009. Eligible applicants
include cities and counties and the eligible projects are infrastructure projects. The maximum
reimbursement percentage for any SR2S project is ninety percent where the maximum amount
allocated to any single project is $900,000. The grant also requires a local match often percent,
which would come from TransNet funds.. $48.50 million worth of projects will be selected from
Cycle 8 applicants.
The City will focus on making infrastructure improvements around the elementary schools. The
infrastructure projects are capital improvements within elementary schools that make it safer or
more convenient for children and adults who walk or bicycle to school. These projects are based
on the data gathered through WalkSanDiego's community walking audit effort.
For Cycle 8 of the State Safe Routes to School Program, it is recommended that the City apply
for funding for the following three pedestrian improvement projects. This grant application is
focused on improvements within the vicinity of elementary schools neighborhoods as required
by the program. The deadline for the application is April 15, 2009.
1. Lauderbach Elementarv School Neighborhood: The school is located at the intersection
of Fourth Avenue and Palomar Street. The proposed project location is at Fourth Avenue
and Orsett Street. The scope of work of the proposed project consists of installing traffic
calming at Fourth Avenue and Orsett Street which includes but is not limited to advanced
warning signs with beacons, school zone signs, curb bulbouts for safe crossing, striping,
pedestrian signaUbuttons, Portland Cement Concrete monolithic sidewalk, curb and
gutter, driveways, ADA pedestrian ramps, asphalt concrete pavement, traffic control, and
other miscellaneous items of work necessary for the project.
2. Montgomerv Elementarv School Neighborhood: The school is located at Fourth Avenue
between Anita Street and Montgomery Street. The proposed project location is Fourth
Avenue and Montgomery Street. The scope of work of the proposed project consists of
installing traffic calming at Fourth Avenue and Montgomery Street which includes but is
not limited to advanced warning signs with beacons, school zone signs, curb bulbouts for
safe crossing, striping, pedestrian signal buttons, Portland Cement Concrete monolithic
sidewalk, curb and gutter, driveways, ADA pedestrian ramps, asphalt concrete pavement,
traffic control, and other miscellaneous items of work necessary for the project.
9-2
3/24/09, Item
Page 3 0 3
Rice Elementary School Neiehborhood: The school is located at Fourth Avenue between
L Street and Moss Street. The proposed project location is on Moss Street between Third
Avenue and Fourth Avenue. This segment of Moss Street lacks sidewalks, curb and
gutters and ADA compliant pedestrian ramps. The scope of work of the proposed project
consists of installing Portland Cement Concrete monolithic curb, gutter and sidewalks,
ADA pedestrian ramps, asphalt concrete pavement, and other miscellaneous items of
work necessary for the project.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property holdings
within 500 Feet of the boundaries of the properties, which is the subject of this action.
FISCAL IMPACT
There is no impact to the General Fund. If the resolution is approved, the City will apply for
State Safe Routes to School funding. If a grant is awarded, staff will return to Council with a
recommendation to accept and appropriate the grant funds and the ten percent local match into
the Capital Improvement Program.
ATTACHMENTS
None
Prepm~ed by:.Amy D. Partosan, Administrative Analyst!!, Public Works Dept.
J:I EngineerlAGENDAICAS1009103-14-091Snfe Routes To Schoot CycleB AgenAn Stntement.doc
9-3
RESOLUTION NO. 2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE SUBMITTAL OF GRANT
APPLICATIONS FOR STATE SAFE ROUTES TO SCHOOL
FUNDING CYCLE 8 TO IMPROVE PEDESTRIAN
FACILITIES AT VARIOUS ELIGIBLE LOCATIONS
WHEREAS, Safe Routes to School (SR2S) is a California legislated program which was
enacted by Assembly Bill 1475; and
WHEREAS, the goals of the program aze to reduce injuries and fatalities to
schoolchildren and to encourage increased walking and bicycling among students; and
WHEREAS, a call for Cycle 8 grant applications was announced on Januazy 15, 2009
and aze due to the Caltrans District Office by April 15, 2009; and
WHEREAS, City staff recommends applying for state grant funds and has identified
three locations in which to correct missing infrastructure such as sidewalks, curbs, gutters and
pedestrian ramps; and
WHEREAS, these locations are: (i) at the intersection of Fourth Avenue and Palomaz
Street, adjacent to Lauderbach Elementary School; (ii) at the intersection of Fourth Avenue and
Montgomery Street, neaz Montgomery Elementary School; (iii) and Moss Street between Third
Avenue and Fourth Avenue; and
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby approve
the submittal of grant applications for state Safe Routes to School Funding Cycle 8 to improve
pedestrian facilities at various eligible locations.
Presented by
Richazd A. Hopkins
Director of Public Works
Approved as to form by
V~1,/)
~ Bart C. Miesfel
'City Attorney
9-4
CITY COUNCIL
AGENDA STATEMENT
~, , wig
..
_- ~- -
~ cHU°~v~sra
3/24/09, Item~~
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FISCAL YEAR 2008/2009
BUDGET AND APPROPRIATING A TOTAL OF 514,458.07 FROM
THE AVAILABLE FUND BALANCE TO REIMBURSE MANUEL
CONTRERAS, BONITA GATEWAY LLC AND M & A
CONSTRUCTION
SUBMITTED BY: DII2ECTOR OF PUBLIC WORKS
DIRECTOR OF DEVELOPMENT SERVICES/DEPUTY CITY
MANAGER--
REVIEWED BY: CITY MANAGER
ASSISTANT CITY ANAGER ~T
4/STHS VOTE: YES ® NO ^
SUMMARY
Manuel Contreras has paid fees to satisfy certain permit fees for Building Permit Number BR07-
0001, associated with his property located at 418 Tremont Street. Mr. Contreras is now
requesting a refund of said fees.
Bonita Gateway LLC has paid its Sewer Capacity Fee For Building Permit Number B08-0473,
associated with its property at 3001 Bonita Road. Due to a plan change, a refund of its sewer
capacity fees must be made.
M & A Construction has paid its Sewer Capacity Fee for Building Permit Number B08-1030,
associated with its property at 303 Broadway. Due to a plan change, a refund of a portion of
their sewer capacity fees must be made.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for compliance with
the California Environmental Quality Act (CEQA) and has determined that the activity is not a
"Project" as defined under Section 15378 (b)(4) of the State CEQA Guidelines; therefore,
pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to
CEQA. Thus, no environmental review is necessary.
RECOMMENDATION
Council adopt the resolution.
10-1
3/24/09 Item ~~
Page 2 of 3
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
Manuel Contreras
On October 19, 2007, Manuel Contreras paid permit fees for Building Permit Number BR07-
0001, associated with his property located at 418 Tremont Street. Permit fees are paid prior to
issuance of the final building permit and prior to the construction of the project.
On April 14, 2008, staff received, from Mr. Contreras, a written request (Attachment 1) for a
refund of permit fees for his aforementioned project. Due to financial hardship Mr. Contreras
can no longer begin construction on the project. The following fees will be refunded to Mr.
Contreras:
• NPDES Fee ($124.00) Traffic Signal Fee ($166.16) Sewer Capacity Fee ($1,739.00)
• DIF Civic Center ($1,951.95) DIF Police Facility ($1,471.47) DIF Corp Yard ($293.93)
• DIF Library ($1,184.82) DIF Fire Suppression ($749.84) DIF Recreation ($899.08)
If, at any time a permit is reapplied for, in regards to this project, all current applicable permit
fees (including applicable fee increases) must be paid for by the owner.
Bonita Gateway LLC
On November 7, 2008, Bonita Gateway LLC paid permit fees for Building Permit Number B08-
0473, associated with its property at 3001 Bonita Rd. Due to a plan change in which they
omitted restrooms on their construction project, Sewer Capacity Fees were removed totaling
$4,590.96. This amount needs to be refunded to Bonita Gateway LLC as their fees were
removed per the plan change.
M & A Construction
On October 22, 2008, M & A Construction paid permit fees for Building Permit Number B08-
1030, associated with its property at 303 Broadway. Due to a plan change in which there was a
reduction in employee bathroom fixtures, the amount of their Sewer Capacity Fees was reduced
by $1,286.86. This amount needs to be refunded to M & A Construction as their fees were
reduced per the plan change.
This resolution will amend the proper Fiscal Year 2008/2009 fund budgets and appropriate a
total of $14,458.07 from the available fund balances to process the refunds to Mr. Contreras,
Bonita Gateway LLC, and M & A Construction for certain permit fees associated with their
respective building permits.
10-2
3/24/09 Item1~
Page 3 of 3
The appropriations that are needed are to the following fund balances:
~
30120 t 1• i t
NPDES Fee i
$124.00
22500 Traffic Si al Fee $166.16
41300 Sewer Ca aci Fee $7,616.82
57200 DIF Civic Center $1,951.95
57300 DIF Police Facility $1,471.47
57400 DIF Co Yard $293.93
57500 DIFLibra $1,184.82
57600 DIF Fire Su ression $749.84
58200 DIF Recreation $899.08
Total 814,458.07
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property holdings
within 500 feet of the boundaries of the property, which is the subject of this actioh.
FISCAL IMPACT
The refund of these permit fees will have no impact to the General Fund as this is a
reimbursement and sufficient monies are available in the associated fund balances with the
exception of those related to the Public Facilities DIF (Account #57200 thru 58200). The deficit
related to the Public Facilities DIF, was addressed through an interfund transfer/loan from the
TDIF Fund, which City Council approved on December 16, 2008.
ATTACHMENTS
1. Contreras letter dated April 14, 2008
Prepnred by: Tessa Quicko, Administrative Analyst 11, Engineering Department
J:IEngineerlAGEN~A1CA510 0 9103-14-091Mnnuel Contrerns-Plnn Cfimge Approprintion Request.Aoc
10-3
ATTACHMENT 1_--
/7 < / ^~ 13 2,vrcF M. ~. GOAtI'ePBS COIIS~PUGt1011 G`0., ~IIC.
~N2H~L~ ~ 226 Landis Avenue -Chula Vista, CA 9191C
Phone 619-422-4747 -Fax 619-691-7743
License No. 494066
April 14, 2008
City of Ghula vista Building Department
Re: Permit# BR07-0001
418 Tremont St. Ste. A
Chula Vista, CA
To Whom It May Concern.
~~T~-ocE~~i
/~~~NNj `Gf'rr' fir' y~~q OS'T
MG ~Op '~
~G~<~ ~~I~JID/~ a'
5~~~ dFpT
Because of not being able to continue construction on said property for the
moment, due to.financiai difPiculties,.l am obligated to request from the City to
'return' mq`constructionpermit fees that is in my name (Manuel Contreras) foc the .,.
construction of the house on City property.
Thank you in advance for your help.
Please contact me if you have any questions or concerns.
Sincerely,
Man a Contreras
'Owner
10-4
RESOLUTION NO. 2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FISCAL YEAR
2008/2009 BUDGET AND APPROPRIATING A TOTAL OF
$14,458.07 FROM THE AVAILABLE FUND BALANCE TO
REIMBURSE MANUEL CONTRERAS, BONITA
GATEWAY LLC, AND M & A CONSTRUCTION
WHEREAS, on October 19, 2007, Manuel Contreras paid $8,580.25 to the City for
permit fees for Building Permit BR07-0001, in association with his project located at 418
Tremont St.; and
WHEREAS, the final building permits were not pulled by Mr. Contreras due to financial
reasons; and
WHEREAS, on April 14, 2008, Mr. Contreras requested a refund of the permit fees paid
in the amount of $8,580.25; and
WHEREAS, staff has determined. those permit fees eligible for refund were limited to the
following:
• NPDES Fee ($124.00) Traffic Signal Fee ($166.16) Sewer Capacity Fee ($1,739.00)
• DIF Civic Center ($1,951.95) DIF Police Facility ($1,471.47) DIF Corp Yard ($293.93)
• DIF Library ($1,184.82) DIF Fire Suppression ($749.84) DIF Recreation ($899.08)
WHEREAS, on November 7, 2008, Bonita Gateway LLC paid it's Sewer Capacity fees
for Building Permit B08-0473, in association with its projected located at 3001 Bonita Rd.; and
WHEREAS, due to a construction plan change restrooms for the project were omitted,
causing a need for a refund in their Sewer Capacity fees in the amount of $4,590.96; and
WHEREAS, on October 22, 2008, M & A Construction paid it's Sewer Capacity fees for
Building Permit B08-1030, in association with its projected located at 303 Broadway; and
WHEREAS, due to a construction plan change a reduction in employee bathroom
fixtures caused a decrease in their Sewer Capacity fees in the amount of $1,286.86; and
WHEREAS, in order to reimburse Mr. Contreras, Bonita Gateway LLC and M & A
Construction, appropriations to the following funds aze required:
,
30120 ~ ~
NPDES Fee
$124.00
22500 Traffic Si al Fee $166.16
41300 Sewer Ca aci Fee $7,616.82
57200 DIF Civic Center $1,951.95
57300 DIF Police Facili $1,471.47
57400 DIF Co Yard $293.93
57500 DIF Libr $1,184.82
57600 DIF Fire Su ression $749.84
58200 DIF Recreation $899.08
Tota( $14,458.07
10-5
Resolution No. 2008-
Page 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby amend the Fiscal Year 2008/2009 Budget and appropriate $14,458.07 from the
available fund balance to reimburse Manuel Contreras, Bonita Gateway LLC, and M & A
Construction for their respective building permits.
Presented by
Approved as to form by
__._~ f
~ ~ ,
r
Richard A. Hopkins
Director of Public Works
Bart M~ItSg'~7
~ity ~ttorne
H:\ENGIYEERUtESOSVIesos2009\OS-ZO-09Vteso Manuel ContteracPlan Chsnge Approp~a~ad~
CITY COUNCIL
AGENDA STATEMENT
~\~ C1lYOF
~ CHUlA VISTA
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
3/24/09, Item-1..L-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENTS BETWEEN THE
CITY Al'ID (A) NTh'YO & MOORE GEOTECHNICAL &
ENVIRONMENTAl SCIENCES CONSULTANTS, (B) MACTEC
ENGINEERING AL'ID CONSUL TING, INC., (C) NOVA
ENGINEERING MID Er-iVIRONNfENTAL, LLC., AND (D)
SOUTHERL"f CALIFORL'-il.A. SOIL & TESTING, INC. TO PROVIDE
ON-CALL GEOTECHN1CAL, STORL\lI WATER MONITORING,
MATERIALS TESTING AL'ID SPECIAL INSPECTION
CONSULTING SERVICES FOR VARIOUS CAPITAL
INIPROVEwfENT PROJECTS (CIP~THER CITY PROJECTS
DIRECTOR OF PUBLIC WORK
,.......
CITY MAt"fAGER <> I ~ r:::r- ;.....;---
ASSISTA.NT CITY MANAGER 7 )
4/5THS VOTE: YES 0 NO [g]
SUMMARY
The construction of public works infrastructure improvements and buildings require the use of
quality materials .and construction methods to assure longevity and usefulness. In an effort to
ensure that the City continues to obtain quality improvements, materials testing, geotechnical
engineering, storm water monitoring and special inspection services for projects built with both
public and private funds, on December 26 2008, an RFP was issued.for such services. Several
proposals were received arid through the consultant selection processes for this service, staff has
. negotiated proposed contracts with the following:
1. Ninyo & Moore - San Diego, CA
2. MacTec - San Diego, CA
3. Nova Engineering and Environmental- San Diego, CA
4. Southern California Soil & Testing - San Diego, CA
These companies will provide on-call Materials Testing, Geotechnical and Building Special
Inspection Consulting Services from April 1, 2009 to December 31, 2010, with options to extend
the agreements for two additional years without going through the Consultant selection process
as outlined in the City's Municipal Code.
11-1
3/24/09, Item~
Page 2 of 4
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator 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; therefore, pursuant to
Section l5060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no
environmental review is necessary.
RECOMMENDATION
Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
The constmction of public works infrastmcture improvements requires the use of quality
materials and construction methods to assure their longevity and usefulness. In order to verify
that materials used in City projects meet .the City's specifications, certifications are obtained from
manufacturers and material suppliers and supplemental testing is required on a project-by-project
basis. Geotechnical analysis is often required to aid in the design and construction processes
and, ultimately, to avoid costly construction changes due to unknown subsurface soil conditions.
Specialized inspection requiring lCBO certification is required by the Building Department for
various building components to assure proper construction methods and materials are utilized.
The National Pollutants Discharge Elimination System (NPDES) General Construction Permit
requires that the City samples and test storm water for compliance.
The City does not have the staff or the equipment to perform this highly specialized testing,
engineering, and inspection work. In order to perform this work in-house, the City would be
required to purchase very expensive equipment and materials and would need to hire four to six
full-time personnel certified and qualified to perform highly-specialized building component
inspections, to operate a laboratory, and to perform field testing and sampling in a timely and
efficient manner. Further, the laboratory and field operations would have to be overseen at least
part-time by a Registered Professional Engineer with laboratory experience, who would also be
required to review, sign, and certify all test reports. Therefore, it is much more practical and
feasible to hire consultants on an as-needed basis. Staff recommends entering into agreements
With the Consultants stated above based upon the volume and scope of upcoming City
infrastructure and building projects. The services to be provided by the consultants have been
obtained from various consultants since about 1990 and have increased the City's ability to
assure the use of quality materials in its projects.
Consultant Selection Process
Per the consultant selection procedures, as outlined in the City's Municipal Code, a Request for
Proposal (RFP) was issued. Eight responses to the RFP were received on January 13, 2009 from
the following consultants:
Southern California Soil & Testing - San Diego, CA
Ninyo & Moore - San Diego, CA
Kleinfelder, Inc. - San Diego, CA
11-2
3/24/09, Item~
Page 3 of 4
Leighton Consulting, Inc. - Sari. Diego, CA
Nova Engineering and Environmental- San Diego, CA
MacTec - San Diego, CA
Geocon Incorporated - San Diego, CA
Christian Wheeler Engineering - San Diego CA
A Selection Committee was formed which was comprised of the following City personnel:
Silvester Evetovich, Principal Civil Engineer (Public Works)
Gordon Day, Sr. Building Project Manager (Public Works)
Roberto Yano, Sr. Civil Engineer (Public Works)
. The Committee evaluated and rated Consultants based on their proposals. The following are the
results of the Selection Committee's analysis in final rank order:
1. Ninyo & Moore - San Diego, CA
2. MacTec - San Diego, CA
3. Nova Engineering and Environmental- San Diego, CA
4. Southern California Soil & Testing - San Diego, CA
Agreement - Scope of Services/F eeslTerm
The extent of these services will be determined on a project-by-project basis and will cover
public projects and, on occasion, private projects in which the results of laboratory tests
submitted by developers and contractors must be independently verified. The fees for these
services will be based on standard schedules of fees. Overall personnel rates and materials
testing fees are comparable for the majority of the services that will be required during the terms
of the agreements (See Exhibits B, C, D, E of agreements for rates).
Awarding contracts to all selected Consultants will allow City staff to obtain the best budget
proposals for any type oJ project. Staff estimates that during the initial term of the contract, each
consultant will provide materials testing and geotechnical engineering services on an intermittent
basis at a cost not-to-exceed $500,000 per consultant. Since all services are provided on an on-
call, as-needed basis, the total compensation will be controlled by the actual services needed, and
as determined by the City's Project.
Each of the proposed agreements includes provisions for a two-year extension of the agreement
(January I, 2011 to December 31, 2012) by mutual consent of both parties, which would include
the possible renegotiation of fees. If the consultants' work continues to be satisfactory and staff is
able to reach agreement with all of the consultants on terms for a proposed extension, then staff
will retum to Council at the appropriate time in the future for approval to extend said agreement
for two additional years.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site
specific and consequently the 500 foot rule found in California Code of Regulations section
l8704.2(a)(l) is not applicable to this decision.
11-3
3/24/09, Item~
Page 4 of 4
FISCAL IMPACT
The approval of tonight's resolution will not authorize the expenditure of any additional funds.
All funding for the consultants' service will be from funds already allocated for eIP projects or
would be reimbursable to the City from Developer deposits. vVhile there is no direct impact to
the general fund presently, there does exist the possibility that a CIP that is all or partly funded
from the general fund could utilize the services contemplated by these contracts and thus causing
a general fund impact.
ATTACHMENTS
1. Ninyo & Moore Agreement
2. MacTec Agreement
3. Nova Engineering and Environmental
4. Southern California Soil & Testing
Prepared by: Roberro Yano, Department of Public Works
iV[:IGeneral ServiceslGS Administration ICouncil AgendalMaterials Testing Consultants 200912009-Al! 3-materia!
testing - au! .doc
11-4
RESOLUTION NO. 2009-
RESOLUTION APPROVING AGREEMENTS BETWEEN THE
CITY AL'\JD (A) NINYO & MOORE GEOTECHNICAL &
ENVIRONMENTAL SCIENCES CONSULTANTS, (B) MACTEC
ENGlJ'IEERING AND CONSUL TING, INC., (C) NOVA
ENGINEERING AL'\JD ENVIRONMENTAL, LLC., AND (D)
SOUTHERJ.'\J CALIFORNIA SOIL & TESTING, INC. TO PROVIDE
. ON-CALL GEOTECHNICAL, STORt\1 WATER MONITORING,
MATERIALS TESTING AL'\JD SPECIAL INSPECTION
CONSULTING SERVICES FOR VARIOUS CAPITAL
IMPROVEMENT PROJECTS (CIP) OR OTHER CITY PROJECTS
WHEREAS, City requires materials testing, geotechnical engineering, storm water
monitoring and special inspection services for projects built with both public and private funds;
and
WHEREAS, the City does not have the staff or the equipment to perform this highly
specialized testing, engineering, and inspection work; and
WHEREAS, on December 26,2008, an RFP was issued for such services; and
WHEREAS, on January 13,2009 eight proposals were received as follows:
a. Southern California Soil & Testing - San Diego, CA
b. Ninyo & Moore - San Diego, CA
c. Kleinfelder, Inc. - San Diego, CA
d. Leighton Consulting, Inc. - San Diego, CA
e. Nova Engineering and Environmental - San Diego, CA
f. MacTec - San Diego, CA
g. Geocon Incorporated - San Diego, CA
h. Christian Wheeler Engineering - San Diego CA; and
and
WHEREAS, The committee evaluated and rated Consultants based on their proposals;
11-5 .
WHEREAS, The following are the results of the Selection Committee's analysis in final
rank order:
1. Ninyo & Moore ~ San Diego, CA
2. MacTec - San Diego, CA
3. Nova Engineering and Environmental- San Diego, CA
4. Southern California Soil & Testing - San Diego, CA
WHEREAS, the extent of these services will be determined on a project-by-project basis
and will cover public projects and, on occasion, private projects in which the results of
laboratory tests submitted by developers and contractors must be independently verified; and
WHEREAS, awarding contracts to all selected Consultants will allow City staff to obtain
the best budget proposals for any type of project; and
WHEREAS, each of the proposed agreements includes prOVlSlons for a two-year
extension of the agreement (January 1, 2011 to December 31, 2012) by mutual consent of both
parties, which would include the possible renegotiation of fees; and
WHEREAS, the Environmental Review Coordinator 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;
therefore, pursuant to Section l5060(c)(3) of the State CEQA Guidelines the activity is not
subject to CEQA.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve agreements between the City of Chula Vista and (a) Ninyo & Moore
Geotechnical & Environmental Sciences Consultants, (b) MacTec Engineering and Consulting,
Inc., (c) Nova Engineering and Environmental, LLC., and (d) Southern California Soil & Testing,
Inc. to provide on-call geotechnical, storm water monitoring, materials testing and special
inspection consulting services required for various Capital Improvement Projects (CIP) or other
City projects.
Presented by
Approved as to form by
Richard Hopkins
Director of Public Works
~~~~ D1~v?y
City Attorney
11-6
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FOR.tYf BY THE CITY
ATTOR.l"lEY'S OFFICE AND WILL BE
FOR.tYlALL Y SIGNED UPON .APPROY - BY
:FRE CIJY COuN<tIL //
I ,/; j/ .
/
0/IA /
Bart c. Miesfeld
I City Attorney
Dated: 3
Agreement between the City of Chula Vista and
Ninyo & Moore Geotechnical & Environmental Sciences Consultants,
to conduct on call Geotechnical, Storm Water Monitoring, Materials Testing
and Special Inspection Consulting Services
11-7
Parties and Recital Page(s)
Agreement between
City ofChula Vista
and
Ninyo & Moore Geotechnical & Environmental Sciences Consultants,
To conduct on call Geotechnical, Storm WaterMonitoring, Materials Testing And Special
Inspection Consulting Services
This agreement ("Agreement"), dated for the purposes of reference
only, and effective as of the date last executed unless another date is otherwise specified in
Exhibit A, Paragraph 1, is between the City-related entity as is indicated on Exhibit A,
Paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, Paragraph 3, and
the entity indicated on the attached Exhibit A, Paragraph 4, as Consultant, whose business form
is set forth on Exhibit A, Paragraph 5, and whose place of business and telephone numbers are
set forth on Exhibit A, Paragraph 6 ("Consultant"), and is made with reference to the following
facts :
Recitals
\VHEREAS, the City has a Capital Improvement Program ("CIF") for various projects
located in the City, and,
\VHEREAS, the City has the need for on call Geotechnical, Storm Water Monitoring,
Materials Testing And Special Inspection Consulting Services during saidCIP projects' design and
construction phases; and,
WHEREAS, A Request for Proposal ("RFP") was issued with a due date of January 13,
2009; and,
\VREREAS, on said date, the City of Chula Vista received eight (8) proposals from
firms interested in providing said consultant services; and,
\VHEREAS, after the City completed their review ofthe proposals for all eight firms, the
Ctty selected Ninyo & Moore Geotechnical & Environmental Sciences Consultants, as one of
four Consultant to provide the services necessary; and,
WHEREAS, Ninyo & Moore Geotechnical & Environmental Sciences Consultants, as an
on call consultant, prior to commencing work on a particular CIF project ("Project") on which
the City desires its services, shall be issued a task order; and
WHEREAS, Consultant warrants and represents that they are experienced and staffed in
a manner such that they are and can deliver the services required of Consultant to City within the
time frames herein provided all in accordance with the terms and conditions of this Agreement;
(End of Recitals. Next Page starts Obligatory Provisions.)
K:IENGlNEER IMaterial testingININYOlart-final-Ninyo.doc
Page 1
11-8
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually
agree as follows:
All of the Recitals above are hereby incorporated into this Agreement.
ARTICLE L CONSuLTANT'S OBLIGATIONS
A. General
1. General Duties. Consultant shall perform all of the services described on the attached
Exhibit A, Paragraph 7, entitled "General Duties".
2. Scope of Work and Schedule. In the process of performing and delivering said "General
Duties", Consultant shall also perform all of the services described in Exhibii: A,
Paragraph 8, entitled "Scope of Work and Schedule", not inconsistent with the General
Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and
deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the
time frames set forth therein, time being of the essence ofLhis Agreement. The General
Duties and the work and deliverables required in the Scope of Work and Schedule shall
be herein referred to as the "Defined Services". Failure to complete the Defined Services
by the times indicated does not, except at the option of the City, terminate this
Agreement.
1. Reduclions in Scope 0/ frorl. City may independently, or upon request from
Consultant, from time to time, reduce the Defined Services to be performed by the
Consultant under this Agreement. Upon doing so, City and Consultant agree to meet
in good faith and confer for the purpose of negotiating a corresponding reduction in
the compensation associated with said reduction.
11. Addilional Services. In addition to performing the Defined Services herein set forth,
City may require Consultant to perform additional consulting services related to the
Defined Services ("Additional Services"), and upon doing so in writing, if they are
within the scope of services offered by Consultant, Consultant shall perform same on
a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A,
Paragraph IO(C), unless a separate fixed fee is otherwise agreed upon. All
compensation for Additional Services shall be paid monthly as billed.
3. Task Orders. Consultant shall not commence work on a Project unless and until the City
has issued a written "Task Order" for that Project. No costs incurred on a Project prior to
the issuance of a Task Order shall be recoverable by Consultant under this Agreement.
4. Standard of Care. The Consultant expressly warrants that the work to be performed
pursuant to this Agreement, whether Defined Services or Additional Services, and the
Task Orders shall be performed in accordance with the standard of care ordinarily
exercised by members of the profession currently practicing under similar conditions and
in similar locations.
Page 2
K:\ENGIt-iEER\Material testing\NINYO\an- final-Ninyo .doc
11-9
1. IYO ff'aivero/SiaJ?clanlo/Care. Wl1ere approval by City or other agencies as may be
applicable 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.
B. Application of Laws. Should a federal or state law pre-empt a local law, or regulation, the
Consultant must comply with the federal or state law and implementing regulations. No
provision of the Agreement requires the Consultant to observe or enforce compliance with
any provision, perform any other act, or do any other thing in contravention of federal, state,
territorial, or local law, regulation, or ordinance. If compliance with any provision of the
Agreement violates or would require the Consultant to violate any law, the Consultant agrees
to notify City immediately in writing. Should this occur, the City and the Consultant agree
that they will make appropriate arrangements to proceed with or, if necessary, terminate the
Project, or portions thereof, expeditiously.
1. Subcontractors. Consultant agrees to take appropriate measures necessary to ensure that
all Project participants, such as subcontractors, comply with all applicable laws,
regulations, ordinances, and policies, whether federal, state, or local, affecting
performance of the Defined Services for a Project. In addition, if a subcontractor is
expected to fulfill any responsibilities of the Consultant under this Agreement, the
Consultant shall assure that the subcontractor carries out the Consultant's responsibilities
as set forth in this Agreement.
C. Insurance
1. General. Consultant must procure and maintain, during the period of performance of this
Agreement, policies of insurance from insurance companies to protect against claims for
injuries to persons or damages to property that may arise from or in connection with the
performance of the work under the Agreement and the results of that work by the
Consultant, his agents, representatives, employees or subcontractors and provide
documentation of same prior to commencement of work.
2. Minimum Scope of Insurance. Coverage must be at least as broad as:
1. COL. Insurance Services Office Commercial General Liability coverage (occurrence
Form CG0001).
11 Auto. Insurance Services Office Form Number CA 0001 covering Automobile
Liability, Code 1 (any auto).
111. Ire. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
K:\ENGINEER'u'vlaterial tes,ingINIl'iY Olat,- final-Ninyo .doc
Page 3
11-10
IV. E&:O. Professional Liability or Errors & Omissions Liability insurance appropriate to
the Consultant's profession. Architects' and Engineers' coverage is to be endorsed to
include contractual liability.
3. Minimum Limits of Insurance. Contractor must maintain limits no less than those
included in the table below:
i. General Liability: $1,000,000 per occurrence for bodily injury, personal injury,
(Including (including death), and property damage. If Commercial General
operations, Liability insurance with a general aggregate limit is used, either
products and the general aggregate limit must apply separately to this
completed project/location or the general aggregate limit must be twice the
operations, as required occurrence limit.
aoplicable)
ii. Automobile $1,000,000 per accident for bodily injury, including death, and
Liability: property damage.
iii. Workers' Statutory
Compensation $1,000,000 each accident
Employer's $1,000,000 disease-policy limit
Liability: $1,000,000 disease-each employee
iv. Professional $1,000,000 each occurrence
Liability or Errors $2,000,000 policy aggregate
& Omissions
Liability:
4. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must
be declared to and approved by the City. At the option of the City, either the insurer will
reduce or eliminate such deductibles or self-insured retentions as they pertain to the City,
its officers, officials, employees and volunteers; or the Consultant will provide a financial
guarantee satisfactory to the City guaranteeing payment of losses and related
investigations, claim administration, and defense expenses.
5. Other Insurance Provisions. The general liability, automobile liability, and where
appropriate, the worker's compensation policies are to contain, or be endorsed to contain,
the following provisions:
1. Additional /nstl/"eds. City ofChula Vista, its officers, officials, employees, agents,
and volunteers are to be named as additional insureds with respect all policies of
insurance, including those with respect to liability arising out of automobiles o'0lned,
leased, hired or borrowed by or on behalf of the Consultant, where applicable, and,
with respect to liability arising out of work or operations performed by or on behalf of
the Consultant, including providing materials, parts or equipment furnished in
connection with such work or operations. The general liability additional insured
coverage must be provided in the form of an endorsement to the contractor's
Page 4
K:\ENGINEER \iv!aterial testing\NINYO\att- final-Ninyo .doc
11-11
insurance using ISO CG 2010 (11185) or i!s equivalem. Spec:ifically, the endorsement
must not exclude Products/Completed Operations coverage.
11. .Primary /rsz/TC7J7ce. The Consul!ant's General Liabili!y insurance coverage must be
primary insurance as it pertains to the City, its officers, officials, employees, agents,
and volumeers. Any insurance or self-insurance maintained by the City, i!S officers,
officials, employees, or volunteers is wholly separate from the insurance of the
contrac!or and in no way relieves the contractor from its responsibility to provide
msurance.
iii. Cancdlation. The insurance policies required must be endorsed to state that coverage
will not be canceled by either party, except after thirty (30) days' prior written notice
to the City by cenified mail, return receipt requested.
iv. Acl/ve J\leg/;gence. Coverage shall not extend to any indemnity coverage for the
active negligence of the additional insureds in any case where an agreement to
indemnify the additional insured would be invalid under Subdivision (b) of Section
2782 of the Civil Code.
v. fraiver 0/ Suorogation. Consultant's insurer will provide a W'aiver of Subrogation in
favor of the City for each required policy providing coverage for the term required by
this Agreement.
6. Claims Forms. If General Liability, Pollution and/or Asbestos Pollution Liability and/or
Errors & Omissions coverage are written on a claims-made form:
1. /?etro IJale. The "Retro Date" must be shown, and must be before the date of the
contract or the beginning of the contract work.
I!. A:fainlenance and Eviclence. Insurance must be maintained and evidence of insurance
must be provided for at least five (5) years after compietion ofthe contract work.
iii. Cancdlalion. If coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a "Retro Date" prior to the contract effective date, the
Consultant must purchase "extended reporting" coverage for a minimum offive (5)
years after completion of contract work.
IV. Copies. A copy of the claims reporting requirements must be submitted to the City
for review.
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11-12
7. Acceptability of Insurers. Insurance is to be placed with licensed insurers admitted to
transact business in the State of California with a current A.M. Best's rating of no less
than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the
State of California List of Eligible Surplus Lines Insurers ("LESLI") with a current A.M.
Best's rating of no less than A X. Exception may be made for the State Compensation
Fund when not specifically rated.
8. Verification of Coverage. Consultant shall furnish the City with original certificates and
amendatory endorsements affecting coverage required by Section C. The endorsements
should be on insurance industry forms, provided those endorsements or policies conform
to the contract requirements. All certificates and endorsements are to be received and
approved by the City before work commences. The City reserves the right to require, at
any time, complete, certified copies of all required insurance policies, including
endorsements evidencing the coverage required by these specifications.
9. Subcontractors. Consultants must include all subconsultants as insureds.under its policies
or furnish separate certificates and endorsements for each subconsultant. All coverage for
subconsultants is subject to all of the requirements included in these specifications.
10. Not a Limitation of Other Obligations. Insurance provisions under this Article shall not
be construed to limit the Consultant's obligations under this Agreement, including
Indemnity.
D. Security for Performance
I. Performance Bond. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide a Performance Bond (indicated by a check mark in the
parenthetical space immediately preceding the subparagraph entitled "Performance
Bond"), then Consultant shall provide to the City a performance bond in the form
prescribed by the City and by such sureties which are authorized to transact such business
in the State of California, listed as approved by the United States Department of Treasury
Circular 570, htto://W\V'.v.fms.treas.gov/c570, and whose underwriting limitation is
sufficient to issue bonds in the amount required by the agreement, and which also satisfy
the requirements stated in Section 995.660 of the Code of Civil Procedure, except as
provided otherwise by laws or regulations. All bonds signed by an agent must be
accompanied by a certified copy of such agent's authority to act. Surety companies must
be duly licensed or authorized in the jurisdiction in which the Project is located to issue
bonds for the limits so required. Form must be satisfactory to the Risk Manager or City
Attorney which amount is indicated in the space adjacent to the term, "Performance
Bond", in said Exhibit A, Paragraph 18.
2. Letter of Credit. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical
space immediately preceding the subparagraph entitled "Letter of Credit"), then
Consultant shall provide to the City an irrevocable lener of credit callable by the City at
their unfettered discretion by submitting to the bank a letter, signed by the City Manager,
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statincr that the Consultant is in breach ofthe terms of this Agreement. The letter of
o _
credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk
Manager or City Attorney which amount is indicated in the space adjacent to the term,
"Letter of Credit", in said Exhibit A, Paragraph 18.
3. Other Security. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide security other than a Performance Bond or a Letter of Credit
(indicated by a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Other Security"), then Consultant shall provide to the City such
other security therein listed in a fOrm and amount satisfactory to the Risk Ma11ager or
City Attorney.
E. Business License. Consultant agrees to obtain a business license from the City and to
otherwise comply with Title 5 of the Chula Vista Municipal Code.
ARTICLE II. CITY OBLIGATIONS
A. Consultation and Cooperation. City shall regularly consult the Consultant for the purpose
of reviewing the progress of the Defined Services and Schedule therein contained for each
Task Order, and to provide direction and guidance to achieve the objectives of this
Agreement and the Task Order. The City shall permit access to its office facilities, files and
records by Consultp.nt throughout the term of the agreement. In addition thereto, City agrees
to provide the information, data, items and materials set forth on Exhibit A, Paragraph 9, and
with the further understanding that delay in the provision of these materials beyond
thirty (30) days after authorization to proceed, shaH constitute a basis for the justifiable delay
in the Consultant's performance of this agreement.
B. Compensation.
1. Follo\ving Receipt of Billing. Upon receipt ofa properly prepared billing from
Consultant submitted to the City periodicaHy as indicated in Exhibit A, Paragraph 17, but
in no event more frequently than monthly, on the day of the period indicated in Exhibit
A, Paragraph 17, City shaH compensate Consultant for all services rendered by
Consultant according to the terms and conditions set forth in Exhibit A, Paragraph la,
adjacent to the governing compensation relationship indicated by a "checkmark" next to
the appropriate arrangement, subject to the requirements for retention set forth in
Paragraph 18 of Exhibit A, and shall compensate Consultant for out of pocket expenses
as provided in Exhibit A, Paragraph 11.
2. Supporting Information. Any billing submitted by Consultant shall contain sufficient
information as to the propriety of the billing, including properly executed payrolls, time
records, invoices, contracts, or vouchers describing in detail the nature of the charges to
the Project in order to permit the City to evaluate that the amount due and payable
thereunder is proper, and such billing shall specificaHy contain the City's account number
indicated on Exhibit A, Paragraph 17(C) to be charged upon making such payment. .
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3. Exclusions. In determining the amount of the compensation City will exclude any cost 1)
incurred prior to the effective date of this Agreement; 2) arising out of or related to the
errors, omissions, negligence or acts of willful misconduct of the Consultant, its agents,
employees, or subcontractors.
1. E170rs and OmIssions. In the event that the City Administrator determines that the
Consultants' negligence, errors, or omissions in the performance of work under this
Agreement has resulted in expense to City greater than would have resulted ifthere
were no such negligence, errors, omissions, Consultant shall reimburse City for any
additional expenses incurred by the City. Nothing herein is intended to limit City's
rights under other provisions of this agreement.
4. Payment Not Final Aporoval. The Consultant understands and agrees that payment to the
Consultant for any Project cost does not constitute a City final decision about whether
that cost is allowable and eligible for payment under the Project and does not constitute a
waiver of any violation of Consultant of the terms ofthe Agreement. The Consultant
acknowledges that City will not make a final determination about the eligibility of any
cost until the final payment has been made on the Project or the results of an audit of the
Project requested by the City has been completed, whichever occurs latest. If City
determines that the Consultant is not entitled to receive any portion of the compensation
due or paid, City will notify the Consultant in writing, stating its reasons. The Consultant
agrees that Project closeout will not alter the Consultant's responsibility to return any
funds due City as a result of later refunds, corrections, or other similar transactions; nor
will Project closeout alter the right of City to disallow costs and recover funds provided
for the Project on the basis of a later audit or other review.
1. Consullanl S Obltgalionlo Fay. Upon notification to the Consultant that specific
amounts are owed to City, whether for excess payments or disallowed costs, the
Consultant agrees to remit to City promptly the amounts owed, including applic'able
interest.
ARTICLE III. ETHICS
A. Financial Interests of Consultant
1. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A,
Paragraph 14, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the
purposes of the Political Reform Act conflict of interest and disclosure provisions, and
shall report economic interests to the City Clerk on the required Statement of Economic
Interests in such reporting categories as are specified in Paragraph 14 of Exhibit A, or if
none are specified, then as determined by the City Attorney.
2. No Participation in Decision. Regardless of whether Consultant is designated as an FPPC
Filer, Consultant shall nOl make, or participate in making or in any way attempt to use
Consultant's position to influence a governmental decision in which Consultant knows or
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has reason to know Consultant has a fmancial interest other than the compensation
promised by this Agreement.
3. Search to Determine Economic Interests. Regardless of whether Consultant is designated
as an FPPC Filer, Consultant warrants and represents that Consultant has diligently
conducted a search and inventory of Consultant's economic interests, as the term is used
in the regulations promulgated by the Fair Political Practices Commission, and has
determined that Consultant does not, to the best of Consultant's knowledge, have an
economic interest which would cont1ict with Consultant's duties under this agreement.
4. Promise Not to Acquire Conflictim Interests. Regardless of whether Consultant is
designated as an FPPC Filer, Consultant further warrants and represents that Consultant
will not acquire, obtain, or assume an economic interest during the term of this
Agreement which would constitute a conflict of interest as prohibited by the Fair Political
Practices Act.
5. Dutv to Advise of Conflicting Interests. Regardless of whether Consultant is designated
as an FPPC Filer, Consultant further warrants and represents that Consultant will
immediately advise the City Attorney of City if Consultant learns of an economic interest
of Consultant's that may result in a conflict of interest for the purpose of the Fair Political
Practices Act, and regulations promulgated thereunder.
6. Specific Warranties A!l:ainst Economic Interests. Consultant warrants, represents and
agrees:
t. That neither Consultant, nor Consultant's immediate family members, nor
Consultant's employees or agents ("Consultant Associates") presently have any
interest, directly or indirectly, whatsoever in any property which may be the subject
matter of the Defined Services, or in any property within 2 radial miles from the
exterior boundaries of any property which may be the subject matter ofthe Defined
Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 14.
11. That no promise of future employment, remuneration, consideration, gratuity or other
reward or gain has been made to Consultant or Consultant Associates in connection
with Consultant's performance of this Agreement. Consultant promises to advise City
of any such promise that may be made during the Term of this Agreement, or for
twelve months thereafter.
iii. That Consultant Associates shall not acquire any such Prohibited Interest within the
Term of this Agreement, or for nvelve months after the expiration of this Agreement,
except with the written permission of City.
IV. That Consultant may not conduct or solicit any business for any party to this
Agreement, or for any third party that may be in conflict with Consultant's
responsibilities under this Agreement, except with the written permission of City.
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IV. LIQUIDATED DAl\1.A.GES
A. Application of Section. The provisions of this section apply if a Liquidated Damages Rate
is provided in Exhibit A, Paragraph 13. .
1. Estimating Damages. It is acknowledged by both parties that time is ofthe essence in the
completion ofthis Agreement. It is difficult to estimate the amount of damages resulting
from delay in performance. The parties have used their judgment to arrive at a reasonable
amount to compensate for delay.
2. Amount of Penal tv. Failure to complete the Defined Services within the allotted time
period specified in this Agreement shall result in the following penalty: For each
consecutive calendar day in excess ofthe time specified for the completion of the
respective work assignment or Deliverable, the Consultant shall pay to the City, or have
withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A,
Paragraph 13 ("Liquidated Damages Rate").
3. Request for Extension of Time. ..If the performance of any act required of Consultant is
directly prevented or delayed by reason of strikes, lockouts, labor disputes, unusual
governmental delays, acts of God, fire, floods, epidemics, freight embargoes, or other
causes beyond the reasonable control of the Consultant, as determined by the City,
Consultant shall be excused from performing that act for the period of time equal to the
period of time of the prevention or delay. In the event Consultant claims the existence of
such a delay, the Consultant shall notify the City's Contract Administrator, or designee, in
writing of that fact within ten (10) calendar days after the beginning of any such claimed
delay. Extensions of time will not be granted for delays to minor portions of work unless
it can be shown that such delays did or will delay the progress ofthe work.
ARTICLE V. INDEJ\trNIFICATION
A. Defense, Indemnity, and Hold Harmless.
1. General Requirement. Except for liability for Professional Services covered under
Article V, Section (A)(2), Consultant shall defend, indemnify, protect and hold harmless
the City, its elected and appointed officers and employees, from and against any and all
claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in
law or equity, to property or persons, including wrongful death, in any manner arising out
of or incident to any alleged acts, omissions, negligence, or willful misconduct of
Consultant, its officials, officers, employees, agents, and contractors, arising out of or in
connection with the performance of the Defined Services or this Agreement. This
indemnity provision does not include any claims, damages, liability, costs and expenses
(including without limitations, attorneys fees) arising from the sole negligence or sole
,villful misconduct of the City, its officers, employees. Also covered is liability arising
from, connected with, caused by or claimed to be caused by the active or passive
negligent acts or omissions of the City, its agents, officers, or employees which may be in
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combination with the active or passive negligent acts or omissions of the Consultant, its
employees, agents or officers, or any third party.
2. Professional Services. For those professionals wbo are required to be licensed by the
state (e.g. architects, landscape architects, surveyors and engineers) ("Design
Professionals"), Design Professionals shall defend, indemnify and hold the City, its
officials, officers, employees, volunteers, and agents free and harmless from any and all
claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in
law or equity, to property or persons, including wrongful death, in any manner arising out
of, pertaining to, or relating to any negligence, errors or omissions, recklessness, or
willful misconduct of Design Professional, its officials, officers, employees, agents,
consultants, and contractors arising out of or in connection with the performance of the
Design Professional's Services. Also covered is liability arising from, connected with,
caused by, or claimed to be caused by the active or passive negligent acts or omissions of
the City, its agents, officers, or employees which may be in combination with the ac1:ive
or passive negligent acts or omissions of the Design Professional, its employees, agents
or officers, or any third party. The Design Professional's duty to indemnify, protect and
hold harmless shall not include any claims or liabilities arising from the sole negligence
or sole willful misconduct of the City, its agents, officers or employees. This section tn
no way alters, affects or modifies the Design Professional's obligation and duties under
this Agreement.
3. Costs of Defense and A\vard. Included in the obligations in Sections 1 and 2, above, is
the Consultant's obligation to defend, at Consultant's own cost, expense and risk, any and
all aforesaid suits, actions or other legal proceedings of every kind that may be brought or
instituted against the City, LtS directors, officials, officers, employees, agents and/or
volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be
rendered against City or its directors, officials, officers, employees, agents and/or
volunteers, for any and all legal expense and cost incurred by each of them in connection
therewith.
4. Insurance Proceeds. Consultant's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the City, its directors, officials, officers,
employees, agents, and/or volunteers.
j. Declarations. Consultant's obligations under Article V shall not be limited by any prior
or subsequent declaration by the Consultant.
6. Enforcement Costs. Consultant agrees to pay any and all costs City incurs enforcing the
indemnity and defense provisions set forth in Article V.
7. Survival. Consultant's obligations under Article V shall survive the termination of this
Agreement.
ARTICLE VI. TERtvITNATION OF AGREEMENT
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A. Termination for Cause. If, through any cause, Consultant shall fail to fulfill in a timely and
proper manner Consultant's obligations under this Agreement, or if Consultant shall violate
any of the covenants, agreements or stipulations of this Agreement, City shall have the right
to terminate this Agreement by giving written notice to Consultant of such termination and
specifying the effective date thereof at least five (5) days before the effective date of such
termination. In that event, all finished or un[mished documents, data, studies, surveys,
drawings, maps, reports and other materials prepared by Consultant shall, at the option ofthe
City, become the property of the CiLY, and Consultant shall be entitled to receive just and
equitable compensation, in an amount not to exceed that payable under this Agreement and
less any damages caused City by Consultant's breach, for any work satisfactorily completed
on such documents and other materials up to the effective daLe of Notice of Termination;.
B. Termination of Agreement for Convenience of City. City may terminate this Agreement
at any time and for any reason, by giving specific written notice to Consultant of such
termination and specifying the effective date thereof, at least thirty (30) days before the
effective date of such termination. In that event, all fmished and unfinished documents and
other materials described hereinabove shall; at the option of the City, become City's sole and
exclusive property. Ifthe Agreement is terminated by City as provided in this paragraph,
Consultant shall be entitled to receive just and equitable compensation, in an amount not to
exceed that payable under this Agreement, for any satisfactory work completed on such
documems and other materials to the effective date of such termination. Consultant hereby
expressly waives any and all claims for damages or compensation arising under this
Agreement except as set forth herein.
ARTICLE VII. RECORD RETEl'mON AND ACCESS
A. Record Retention. During the course of the Project and for three (3) years following
completion, the Consultant agrees and to maintain, intact and readily accessible, all data,
documents, reports, records, contracts, and supporting materials relating to the Project as City
may require.
B. Access to Records of Consultant and Subcontractors. The Consultant agrees to permit,
and require its subcontractors to permit City or its authorized representatives, upon request,
to inspecL all Project work, materials, payrolls, and other data, and to audit the books,
records, and accounts of the Contractor and its subcontractors pertaining to the Project.
C. Project Closeout. The Consultant agrees that Project closeout does not alter the reponing
and record retention requiremems ofthis Agreement.
ARTICLE VIII. PROJECT COivlPLETION, AlTDIT, AND CLOSEOUT
A. Project Completion. Within ninety (90) calendar days following Project completion or
termination by CITY, the Consulcant agrees to submit a final certification of Project expenses
and audit reports, as applicable.
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B. Audit of Consultants. The Consultant agrees to have performed financial and compliance
audits the City may require. The Consultant also agrees to obtain any other audits required
by City. The Consultant agrees that Project closeout will not alter the Consultant's audit
responsibilities. Audit costs are allowable Project costs.
C. Project Closeout. Project closeout occurs when City notifies the Consultant that City has
closed the Project, and either forwards the final payment or acknowledges that the Consultant
has remitted the proper refund. The Consultant agrees that Project closeout by City does not
invalidate any continuing requirements imposed by the Agreement or any unmet
requirements set forth in a written notification from City
ARTICLE VIII. MISCELLANeOUS PROVISIONS
A. Assignability. The services of Consultant are personal to the City, and Consultant shall not
assign any interest in this Agreement, and shall not transfer any interest in the same (whether
by assignment or notation), without prior written consent of City.
I. Limited Consent. City hereby consents to the assignment of the portions of the Defined
Services identified in Exhibit A, Paragraph 16 to the subconsultants identified thereat as
"Permitted Subconsultants".
B. Ownership, Publication, Reproduction and Use of Material. All reports, studies,
information, data, statistics, forms, designs, plans, procedures, systems and any other
materials or properties produced under this Agreement shall be the sole and exclusive
property of City. No such materials or properties produced in whole or in part under this
Agreement shall be subject to private use, copyrights or patent rights by Consultant in the
United States or in any other country without the express written consent of City. City shall
have unrestricted authority to publish, disclose (except as may be limited by the provisions of
the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in
part, any such reports, studies, data, statistics, forms or other materials or properties produced
under this Agreement.
C. Independent Contractor. City is interested only in the results obtained and Consultant shall
perform as an independent contr,actor with sole comrol of the manner and means of
performing the services required under this Agreement. City maintains the right only to
reject or accept Consultant's work products. Consultant and any of the Consultant's agents,
employees or representatives are, for all purposes under this Agreement, independent
contractors and shall not be deemed to be employees of City, and none of them shall be
entitled to any benefits to which City employees are entitled including but not limited to,
overtime, retirement benefits, worker's compensation benefits, injury leave or other leave
benefits. Therefore, City will not withhold state or federal income tax, social security tax or
any other payroll tax, and Consultant shall be solely responsib Ie for the payment of same and
shall hold the City harmless with regard thereto.
1. Actions on Behalf of Citv. Except as City may specify in writing, Grantee shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever, as an
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agent or otherwise. Grantee shall have no authority, express or implied, to bind City or
its members, agents, or employees, to any obligation whatsoever, unless expressly
provided in this Agreement.
2. No Obligations to Third Parties. In connection with the Project, the Consultant agrees
and shall require that it's agents, employees, subcontractors agree that the City shall not
be responsible for any obligations or liabilities to any third party, including its agents,
employees, subcontractors, 'or other person or entity that is not a party to this Agreement.
Notwithstanding that the City may have concurred in or approved any solicitation,
subagreement, or third party contract at any tier, neither City shall have any obligations
or liabilities to such other party.
D. Administrative Claims Requirements and Procedures. No suit or arbitration shall be
brought arising out of this agreement, against the City unless a claim has first been presented
in writing and filed with the City and acted upon by the City in accordance with the
procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from
time to time be amended, the provisions of which are incorporated by this reference as if
fully set forth herein, and such policies and procedures used by the City in the
implementation of same. Upon request by City, Consultant shall meet and confer in good
faith with City for the purpose of resolving any dispute over the terms of this Agreement.
E. Administration of Contract. Each party designates the individuals ("Contract
Administrators") indicated on Exhibit A, Paragraph 12, as said party's contract administrator
who is authorized by said party to represent them in' the routine administration of this
agreement.
F. Term. This Agreement shall terminate when the Parties have complied with all executory
provisions hereof.
G. Attorney's Fees. Should a dispute arising out of this Agreement result in litigation, it is
agreed that the prevailing party shall be entitled to a judgment against the other for an
amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party"
shall be deemed to be the party who is awarded substantially the relief sought.
H. Statement of Costs. In the event that Consultant prepares a report or document, or
participates in the preparation of a report or document in performing the Defined Services,
Consultant shall include, or cause the inclusion of, in said report or document, a statement of
the numbers and cost in dollar amounts of all contracts and subcontracts relating to the
preparation of the report or document.
1. Consultant is Real Estate Broker and/or: Salesman. If the box on Exhibit A, Paragraph 15
is marked, the Consultant andlor their principals is/are licensed with t.'1e State of California or
some other state as a licensed real estate broker or salesperson. Otherwise, Consultant
represents that neither Consultant, nor their princi pals are licensed real estate brokers or
salespersons.
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J. Notices. All notices, demands or requests provided for or permitted to be given pursuant to
this Agreement must be in writing. All notices, demands and requests to be sent to any party
shall be deemed to have been properly given or served if personally served or deposited in
the United States mail, addressed to such party, postage prepaid, registered or certified, with
return receipt requested, at the addresses identified herein as the places of business for each
of the designated parties.
K. Integration. This Agreement, together with any other written document referred to or
contemplated herein, embody the entire Agreement and understanding between the parties
relating to the subject matter hereof. Neither this Agreement nor any provision hereof may
be amended, modified, waived or discharged except by an instrument in writing executed by
the party against which enforcement of such amendment, waiver or discharge is sought.
L. Capacity of Parties. Each signatory and party hereto hereby warrants and represents to the
other party that it has legal authority and capacity and direction from its principal to enter
into this Agreement, and that all resolutions or other actions have been taken so as to enable
it to enter into this Agreement. .
M. Governing LawNenue. This Agreement shall be governed by and construed in accordance
with the laws of the State of California. Any action arising under or relating to this
Agreement shall be brought only in the federal or state courts located in San Diego County,
State of California, and if applicable, the City of Chula Vista, or as close thereto as possible.
Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista.
(End of page. Next page is signature page.)
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Signature Page
to
Agreement between
City of Chula Vista and
Ninyo & Moore Geotechnical & Environmental Sciences Consultants,
To conduct on call Geotechnical, Storm Water Monitoring, Materials Testing And Special
Inspection Consulting Services
IN WITNESS WHEREOF, City and Ninyo & Moore Geotechnical & Environmental
Sciences Consultants have executed this Agreement thereby indicating that they have read and
understood same, and indicate their full and complete consent to its terms:
City of Chula Vista
Dated:
By:
Cheryl Cox, Mayor
Attest:
Donna Norris, City Clerk
Approved as to form:
Bart Miesfeld, City Attorney
Ninyo & Moore Geotechnical &
Environmental Sciences Consultants,
Dated:
B~~~
ilfark Culhoerl, ?E.
?rinclj7a1 Engi'7eer
By: /'Z,-./ ~./It.r!. i:, /J~/,JJ bYlt' l1eer' .
[Name of Person, Title]
Exhibit List to Agreement (X)
Exhibit A.
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Exhibit A
to
Agreement between
CityofChula Vista
and
Ninyo & Moore Geotechnical & Environmental Sciences Consultants,
To conduct on call Geotechnical, Storm Water Monitoring, Materials Testing And Special
,
Inspection Consulting Services
1. Effective Date of Agreement: Same as fmal City signature on page 15 ofthis agreement.
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation ofthe State of California
) Redevelopment Agency ofthe City of Chula Vista, a political subdivision of the State of
California
( ) Industrial Development Authority of the City of Chula Vista, a
( ) Other:
, a [insert business form]
("City")
3. Place 0 f Business for City:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
4. Consultant:
Ninyo & Moore
Geotechnical & Environmental Sciences Consultants
5710 Ruffin Road
San Diego CA 92123-1013
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
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6. Place of Business, Telephone and F<L,( Number of Consultant:
5710 Ruffin Road
San Diego CA 92123-1013
Voice Phone (858) 576-1000
Fax Phone (858) 974-6989
7. General Duties:
Consultant shall provide Geotechnical, Storm Water Monitoring, Materials Testing And Special
Inspection Consulting Services at the direction and to the satisfaction of the City Engineer at
construction sites and facilities designated by the City of Chula Vista.
The Consultant shall provide:
A. Materials testing laboratory facilities staffed with personnel qualified to
perform sampling arid testing of portland cement concrete, soils, treated
soils, crushed aggregate base, bituminous materials, and other building materials, as
required.
The materials testing laboratory must have a documented Quality Assurance
Program (QAF) in conformance with Chapter 16 of the CAL TRANS Local
Assistance Procedures Manual. The Consultant shall also provide a copy of the
QAP on a yearly basis.
B. Geotechnical/soil engineering services for City-funded projects during
earthwork construction operations, including geotechnical/soils engineering
observations during site preparation for placement of fill and construction of
sub-drainage systems.
C. Personnel that are experienced in the testing of materials used in the
construction of public works facilities and familiar with the San Diego Area
Regional Standard Drawings, the Green Book and Chapter 17 ofthe 2001 California
Building Code. The City shall have the right to make a determination as to the
qualifications of individual personnel and shall have the right to require substitution of
non-qualified individuals with qualified personnel at any time. Personal assigned to City
Of Chula Vista projects shall obtain approval from the City on an annual basis.
The Consultant's QAF must include procedures and policies in which
personnel are certified to perform the materials testing and sampling
requested by City.
D. Materials Testing, Geotechnical and Building Special Inspection
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Consulting Services in response to the City's request at the times and locations as
determined by the City Engineer. The City shall make requests for services with 24 hours
notice.
E. A documented internal laboratory QAP for all required laboratory
analyses and procedures. All reference standards and equipment calibrations shall be
traceable to the National Institute of Standards and Technology.
F. Assurances that all samples are logged and traceable in personal, lab, times, tests, results
and disposal.
G. Assurances that all instruments and devices to be utilized in field and laboratory
analyses are properly maintained and calibrated in accordance with the
Consultant's QAP.
H. Provide the City of Chula Vista with all original data, reports, records, etc. of
field and laboratory analyses, as well as certified copies of all calibration and
maintenance records on an annual basis. Further, the Consultant shall maintain
copies of all records related to field and laboratory testing performed under the
contract for a minimum of five years from the date of the sample,
measurement, report, etc. This period may be extended during the course of
any unresolved litigation or when requested by the Ciry of Chula Vista.
1. Billing forms and procedures used shall be acceptable to the City and shall include all test
results reports billed during that period.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
1. Materials Testing
The Consultant shall perform the required materials, soils, sampling, and inspection in
accordance with test methods and standards established by the American Society for
Testing and Materials (ASThl), the, State of California Department of Transportation
(CaITrans), and the Environmental Protection Agency (EPA), as specified by the City
Engineer. Subject to the provisions of section 11 below, the work shall be paid for on an
hourly and unit price per test basis, which shall include all costs such as testing, reportS,
report review, storing of specimens, and test cylinders, as listed in the fee schedule (Exhibit B)
II. Geotechnical Engineering
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11-27
Consultant shall provide Geotechnical Engineering services for City projects
during earthwork construction operations that the City Engineer determines are necessary to
meet finished grades shown on the plans and cross-sections. Consultant shall provide
geotechnical engineering observation during site preparation for placement of fill and
construction of subdrains. Consultant shall make recommendations regarding the removal
of unsuitable material for fills and methods of compaction based on previous geotechnical
investigations and Consultant's observations. For test results that failed, Consultant shall provide
analysis of the failure and a recommendation of possible solutions in the signed and stamped
report. On test that paSsed, Consultant shall state so in the signed and stamped report provided to
the City. Said reports shall include the appropriate specification next to the test results.
Consultant's services will be on an as-needed basis. Subject to the provisions in section 11
below, payment shall be on an hourly and unit paid per test basis foreach City.
III. Building Special Inspection
The Consultant shall perform the required Building Special Inspection services
inspection as directed by the City of Chula Vista in accordance with test methods and
standards established by the American Society for Testing and Materials (ASTlYf),
Chapter 17 of the 2001 California Building Code, the State of California Department of
Transportation (CaITrans), and the Environmental Protection Agency (EPA), as
specified by the City Engineer. The work shall be paid for on an hourly and unit price per
test basis. Subject to the provision in section 11 below, the price per test shall include all
associated costs such as testing, reports, report review, storing of specimens, and test
cylinders, as listed in the fee schedule (Exhibit B)
IV. Accounting and Billings
Consultant shall provide separate invoices for each City project identified.
Every invoice will list all work performed on project. Invoice shall show total amount billed
to date for project, payments received, and amount due. All ;vork elements shall be
itemized, i.e. tests performed, personnel charges/hours, equipment costs, etc. All re-test shall be
identified and explained on the invoice. City shall be billed within four (4) weeks of work
performance and shall include all test results reports billed during that period.
Consultant shall only be paid for work done at the request of the City. If additional work is
requested by others, Consultant shall obtain a verbal authorization from the City. In addition, the
Consultant shall include on respective invoice the following documentation for said additional
work: l)who requested the work, 2)who approved the work, 3)date of work, 4)who performe,d
the work and 5)Tirne in and out. 6)total of exact hours worked
The Consultant shall forfeit and will not receive payment for work performed and billed to
City more than sixty (60) calendar days after performance of work.
V. Personnel
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Mr. Mark Cuthbert, P.E. shall serve as Project Manager and single point of
contact for the City. The City shall reserve the right of refusing personnel assigned to a
project by the Consultant.
VI. Reports
Consultant shall provide City with written reports on test results within 3-
working days after completion of test results. Test results are to be fa.."Xed to FAX number
directed by the City as soon as fInal test results are available.
VII. 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.
IX. 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 B to this agreement between the City and
Consultant.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No.1:
Deliverable No.2:
Deliverable No.3:
Deliverable No.4:
D. Date for completion of all Consultant services: December 3 I, 2011. City has the option to
extend this agreement for up to two additional years. Said extension shall be by mutual
agreement between City and Consultant with out going through the City's Consultant selection
Page 22
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11-29
process as outlined in the City's Municipal Code. The City Contract Administrator shall give
notice of election to extend this agreement by sending notice by letter to Consultant not later than
three months prior to expiration of the term.
9. Materials Required to be Supplied by City to Consultant:
None
10. Compensation:
A. ( ) Single Fixed Fee Arrangement.
For performance of all of the DefIned Services by Consultant as herein required, City shall
pay a single fIxed fee in the amounts and at the times or milestones or for the Deliverables set
forth below:
Single Fixed Fee Amount:
, payable as follows:
Milestone or Event or Deliverable
Amount or Percent of Fixed Fee
( ) 1. Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereunder shall be considered as interest
free loans that must be returned to the City ifthe Phase is not satisfactorily
completed. If the Phase is satisfactorily completed, the City shall receive credit
against the compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at the end of
the phase, the full retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the City, or
such other person as the City Manager shall designate, but only upon such proof
demanded by the City that has been provided, but in no event shall such interim
advance payment be made unless the Contractor shall have represented in writing that
said percentage of completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert this agreement to
a time and materials basis of payment.
B. ( ) Phased Fixed Fee .Arrangement.
For the performance of each phase or portion of the Defined Services by Consultant as are
separately identified below, City shall pay the fIxed fee associated with each phase of Services,
in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not
commence Services under any Phase, and shall not be entitled to the compensation for a Phase,
unless City shall have issued a notice to proceed to 'Consultant as to said Phase.
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Phase
1.
2.
Fee for Said Phase
$
$
$
~
J.
( ) 1. Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereunder shall be considered as interest
free loans that must be returned to the City if the Phase is not satisfactorily
completed. [fthe Phase is satisfactorily completed, the City shall receive credit
against the compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at the end of
the phase, the full retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed.in the sole and
unfettered discretion by the Contracts Administrator designated herein by the City, or.
such other person as the City Manager shall designate, but only upon such proof
demanded by the City that has been provided, but in no event shall such interim
advance payment be made unless the Contractor shall have represented in writing that
said percentage of completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert this agreement to
a time and materials basis of payment.
C. (X) Hourly Rate Arrangement
For performance of the Defined Services by Consultant as herein required, City shall pay
Consultant for the productive hours oftime spent by Consultant in the performance of said
Services, at the rates or amounts set forth in the Rate Schedule herein below according to the
following terms and conditions:
(1) () Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant oftime and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant will perform all of
the Defined Services herein required of Consultant for $
including all Materials, and other "reimbursables" ("Maximum Compensation").
(2) (X) Limitation without Further Authorization on Time and Materials Arrangement
At such time as Consultant shall have incurred time and materials equal to $500,000
("Authorization Limit"), Consultant shall not be entitled to any additional compensation
wichout further amhorization issued in writing and approved by the City. Nothing herein
shall preclude Consultant from providing additional Services at Consultant's own cost
and expense. See Exhibit B for wage rates.
Page 24
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11-31
( ) Hourly rates may increase by 6% for services rendered after [month], 20 ---J if delay
in providing services is caused by City.
11. Materials Reimbursement Arrangement
F or the cost of out of pocket expenses incurred by Consultant in the performance of services
herein required, City shall pay Consultant at the rates or amounts set forth below:
() None, the compensation includes all costs.
Cost or Rate
$
$
$
$
$
$
. Cost Plus 15%
Cost Plus 15%
$
$
() Reports, not to exceed $
() Copies, not to exceed $
() Travel, not to exceed $
() Printing, not to exceed $
() Postage, not to exceed $
() Delivery, not to exceed $
(x) Outside Services:
(x) Other Actual Identifiable Direct Costs:
, not to exceed $
, not to exceed $
12. Contract Administrators:
City: Roberto Yano, Sr. Civil Engineer
Public Services Building
476 Fourth Ave.
Chu1a Vista, CA 91910
Telephone: (619) 476-2402.
Fax: (619) 691-5171
Consultant:
Mark Cuthbert, P.E.
Ninyo & Moore
Geotechnical & Environmental Sciences Consultants
5110 Ruffin Road
San Diego CA 92123-1013
Voice Phone (858) 576-1000
Fax Phone (858) 974-6989
13. Liquidated Damages Rate:
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( ) $
( ) Other:
per day.
14. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest
Code:
(X) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
( ) Category No.1. Investments and sources of income.
) Category No.2. Interests in real property.
) Category No.3. Investments, interest in real property and sources of income subject
to the regulatory, permit or licensing authority of the department.
) Category No.4. Investments in business entities and sources of income that engage in
land development, construction or (he acquisition or sale of real property.
) Category No.5. Investments in business enti(ies and sources of income of the type
which, within the past two years, have contracted with the City ofChula Vista
(Redevelopment Agency) to provide services, supplies, materials, machinery or
eqUipment.
) Category No.6. Investments in business entities and sources of income of the type
which, within the past two years, have contracted with the designated employee's
department to provide services, supplies, materials, machinery or equipment.
) Category No.7. Business positions.
) List "Consultant Associates" interests in real property within 2 radial miles of Project
Property, if any:
15. ( ) Consultant is Real Estate Broker and/or Salesman
Page 26
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11-33
16. Permitted Subconsu1tants: None
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11-34
1. Bill Processing:
A. Consultant's Billing to be submitted for the following period oftirne:
(X) Monthly
( ) Quarter! y
( ) Other:
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
(X) End of the Month
( ) Other:
C. City's Account Number:
2. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
( ) Retention. Ifthis space is checked, then notwithstanding other provisions to the contrary
requiring the paymem of compensation to the Consultant sooner, the City shall be entitled
to retain, at their option, either the following "Retention Percentage" or "Retention
Amount" umil the City determines that the Retention Release Event, listed below, has
occurred:
( ) Retention Percentage:
( ) Retention Amount: $
%
Retention Release Event:
( ) Completion of All Consultant Services
( ) Other:
Page 28
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11-35
~(~
R-~-
January 13, 2009
Proposal No. P-B286
Proposal to Provide As-Needed Geotechnical, Storm Water Monitoring, Materials Testing, and
Special Inspection Consulting Services
0lY OF
CHULA VlS"J:.\
SCHEDULE OF FEES. (NON.PREVAILlNG WAGE RATES)
HOURLY CHARGES FOR PERSONNEL
Principal Engineer/Geologist/Environmental Scientist.................................................................................................................. $ 139
Senior Engineer/Geologist/Environmental Scientist..................................................................................................................... $ 133
Senior Project Engineer/Geologist/Environmental Scientist ................:........................................................................................ $ 127
Project Engineer/Geologist/Environmental Scientist...........,........................................................................................................ $ 123
Senior Staff Engineer/Geologist/Environmental Scientist......... .... ............. ......................... ...... ...... .......... .... .............. ............ ...... $ 109
Staff Engineer/Geologist/Environmental Scientist........................................................................................................................ $ 96
IS/G IS Specialist.................................... .................................................................................................................................... $ 96
Field Operations Manager. ......................... ...... ...... ..... ........ ......... .......... ................. .......... ............. ............ ........... ...................... $ 85
Supervisory Technician..................................................................................... ......................................................................... $ 85
Nondestructive Examination Technician, UT, MT, LP .................................................................................................................. $ 85
Pull Test Technician and Equipment........................................................................................................................................... $ 85
Senior Field/Laboratory Technician .... .................... .... ........ .... ......... ......... .... .............. ...... ................ .............. ...... ...... ......... ........ $ 69
Field/Laboratory T echn ician............................................................................................................................. .......................... $ 69
ACI Concrete Technician ................. ............. ...... ... ................... ......... .... ........ ............. ........................... .... ........ ... ............ .......... $ 69
Concrete/Asphalt Batch Plant Inspector... ............... ....... .............. ....................... ........... ...... ........... ........... ........................... ...... $ 69
Special Inspector, Reinforced Concrete ............ .......... ........... ............ .......... ......................... .......... ........ ............. ................ ....... $ 69
Special Inspector, Pre-stressed Concrete .......... ........ ...::. ....... ........ ......... ......... ............. .............. ............ ...... .......... ............ ....... $ 69
Special Inspector, Reinforced Masonry ......................................................................:................................................................ $ 69
Special Inspector, Structural Stee! . ..... ............... .... ............. ................. ...... ........ ............ ........ ........... ..... ................... ............ ...... $ 69
Special Inspector, Welding, AWS...... .......................... .......... .............. ..... ............................. .......... ........ ..... ....................... ........ $ 69
Special Inspector, Fireproofing......................................................................................................................... ........................... $ 69
Technical Illustrator/CAD Operator......................................................................................................................... ..................... $ 69
Geotechnical/EnvironmentallLaboratory Assistant...................................................................................................................... . $ 53
Information Specialist............................................................................................................................. ..................................... $ 52
Data Processing, Technica! Editing, or Reoroduction ................ ................................................................................................. $ 44
OTHER CHARGES
Coring ,"Iachine Usage (includes technician)...... ............................................................................................................... $ 105/hr
Special Preparation of Standard Test Specimens ........................... .................................................................................. $ 64/hr
Steel and Concrete Specimen Pickup................................................................................................................................ $ 69/trip
Inclinometer Usage ...... ........ ........... .......... .............. ..... ............ ..... ................... ...... ........ ..... ......... ............... ............ "'"'''' $ 32/hr
Vapor Emission Kits.. ....... ....... ...... ............................. .............. ........ .......... ..... ............................... .......... ........... .... .......... $ 30/kit
Rebar Locator (Pachometer) ... ...... ..... ....... .................... ....... ..... ......... .............. ................. .............. ..................... ............. $ 10 /hr
Direct Project Expenses .............................................................................................................. .............................. Cost plus 15 %
Laboratory testilig, geophysical equipment, and other special equioment provided upon request.
NOTES (Field Services)
Far field and laboratory technicians and special inspectors, regular houriy rates are charged during ncrmal weekday construction hours. Over-
time rates at 1.5 times the regular rates will be charged for work performed outside normal construction hours and all day on Saturdays. Rates
at twice the regular rates will be charged for all work in excess of 12 hours in one day or on Sundays and holidays. Lead time for any requested
serfice is 24 hours. Field Technician rates are based on a 2.hour minimum. Special inspection rates are based on a 4-hour minimum for the
first 4 hours and an 8-hour minimum for hours exceeding 4 hours. Field personnel are charged portal to portal. The Schedule 'of Charges
("Schedule") is not based upon any Prevailing Wage Determination or prevailing wage requirement under any federal or state law. In the event
that it is determined by any federal, state or local agency, or any appropriate judicial or administrative body, that any of the services performed
by Ninyo & Moore for its client's project are subject to the provisions of the Califomia Prevailing Wage Law [Cal. Lab. Code 91770 et seq.,j
("Code") and that Ninyo & Moore is required to pay a specified prevailing wage rate for all or any portion of such ser,ices, client agrees to pay
the applicable wage rate differential for any past and future services, being defined as the additional amount that is paid to each applicable
employee in' order to comply with the Code, in addition to an amount of ma~,.up on the applicable wage rate differential which is equal to the.
same mark.up upon which the originally-billed wage rate was calculated.
INVOICES
Invoices will be submitted monthly and are due upon receipt. A service charge of 1.0 percent per month may be charged on accounts not paid
within 30 days.
TERMS AND CONDITIONS
The terms and conditions of providing our consulting services include our limitation of liability and indemnities as presented in Ninyo & Moore's
Work Authorization and Agreement.
11-~
iyinuo&./V\oore
~{~
-.-
Ii .... U
January 13, 2009
Proposal No. P-8286
Proposal to Provide As-Needed Geotechnical, Storm Water Monitoring, Materials Testing, and
Special Inspection. Consulting Services .
01Y OF
(HUlA VISTA
SCHEDULE OF FEES FOR LABORATORY TESTING
Laboratory Test, Test Designation, and Price Per Test
Soils
Atterberg Umits. D 4318. CT 204............................................... $
Califomia Searing Ratio (CSR), D 1883......................................5
Chloride and Sulfate Ccntent. CT 417 & CT 422........................ $
Consclidation. D 2435. CT 219................................................... 5
Consolidation - Time Rate. D 2435. CT 219 .............................. 5
Direct Shear::' Remolded. D 3080........................,..................... 5
Direct Shear- Undisturbed. D 3080........................................... $
Durability Index. CT 229 ............................................................. 5
Expansicn Index. D 4829. USC 18-2.......................................... $
Expansion Potential (Method A). D 4548 .................................... $
Expansive Pressure (Method C). D 4548 .................................... 5
Geofabric Tensile and Elongation Test. D 4832.......................... $
Hydraulic Conductivity. D 5084................................................... 5
Hydrcmeter Analysis. D 422, CT 203 ......................................... 5
Moisture, Ash. & Organic Matter of Peat/Organic Scils............... 5
Mcisture Only, 0 2216. CT 226 .................................................. $
Moisture and Density. D 2937..................................................... 5
Parmeability. CH, D 2434. CT 220 ............................................. 5
oH and ,Resistivity, CT 643 ......................................................... 5
Prector Density D 1557, D 698, CT 216, &.................................5
AASHTO T-180 (Reck corrections add 580)
R-vaiue. 02844, CT 301............................................................ 5
Sand Equivalent. D 2419, CT 217.......................................:...... $
Sieve Analysis, 0422, CT 202................................................... 5
Sieve Analysis, 200 Wash, D 1140, CT 202............................... 5
Scecific Gravity, D 854...............................................................5
Tnaxial Shear, CD, D 4767, T 297............................................. 5
Triaxial Shear, C.U.. w/pore pressure, D 4767, T 2297 per pl..... 5
. Tdaxial Si"',ear, C.U., w/o pore pressure, 0 4767, T 2297 per pt.. S
Tnaxial Shear, U.U., D 2650....................................................... S
Unconfined Compression, D 2166, T 208................................... S
Wax Density, D 1188........................................................... ...... $
RoofinQ
SUiit-up Roofing, oc1-cut sam pies, D 2829.................................. $
Roofing Materials Analysis, 02829.............................................5
Roofing Tile Aescrpticn, (set of 5), use 15-5 ............................. $
Roofin9 Tile Strength Test, (set of 5), USC 15-5......................... $
Masonrv
Srick Absorption, 24-i1our submersion, C 67 .................,............ $
Brick Acscf']:ticn, 5-Mcur boiling, C 67...........,............................. S
Srick Absorption, 7--day, C 67..................................................... 5
Srick Compression Test, C 67.................................................... S
Brick Efflorescence, C 67............................................................ S
Brick Modulus of P-upture, C 67.................................................. $
Brick Moisture as received, C 67..............:.................................. S
3rick Saturation Coefficient, C 67 ............................................... S
Ccncrete Sieck Com Dression Test, 8x8x16, C 140..................... $
Concrete Bleck Conformance Package, C 90.... ....................... S
Ccncrete Bleck Unear Shrinkage, C 426 .................................... $
Concrete Sieck Unit Weight and Absorpticn, C 140 ................... 5
Ceres, Compressicn or Shear Bend, CA Cede........................... $
Masonry Grout, 3><3x6 prism compressicn, USC 21-16..............$
Mascnr{ Mortar, 2x" cylincer compressicn, USC 21-16 ............. $
MasonrY Prism, half size, compression, USC 21-17................... $
145
440
135
275
70
290
250
150
165
145
145
165
300
190
110
30
39
230
140
180
Concrete
Cement Anaiysis Chemical and Physical, C 109.................................. $ 1,650
Compression Tests, 6x12 Cylinder, C 39 ............................................. $ 22
Concrete Mix Design Review, Jcb Spec............................................... $ 140
Concrete Mix Design, perTrial Satch, 6 cylinder, ACI.......................... $ 750
Concrete Cores, Compression (excludes samDling), C 42.................... $ 55
Drying Shrinkage, C 157 ...................................................................... $ 250
Flexural Test, C 78 ............................................................................... $ 50
Flexural T""t, C 293 ............................................................................. 5 55
Flexural Test, CT 523 ........................................................................... S 60
GunitelShotcrete, Panels, 3 cut cores per panel and test. ACI ............ $ 250
Joesite Testing Laecrarory................................................................:... Quote
Lightwejght Concrete Fill, Compression, C 495.................................... S 40
Petrographic Analysis, C 856 ............................................................... S 1 100
Splitting Tensiie SL"ef1gth, C 496........................................................... S '80
Reinforcina and Structural Steel
Fireprocfing Density Test, USC 7-6..................................,................... $ 55
Hardness Test. Rockwell, A-370 .......................................................... $ 50
High Strength Belt, Nc1 & Washer Confcrmance, set. ~.-32................. S 120
Mechanically Spliced Reinforcing Tensile Test, ACI............................. S 95
Pre-5tress Strand (7 wire), A 416......................................................... $ 140
Chemical Anaiysis, A-36, A-615........................................................... S 120
Reiniorclng Tensile or Bend up to No. 11, A 615 & A 706................... 5 50
Stn.!ctural Steei Tensile Test: Up to 200,000 Ibs.
(machining extra), A 370 .................................................................... $ 70
Welded Reinforcing Tensile Test Up to No. 11 ban, ACI.................... $ 55
250
90
110
90
90
390
330
190
140
100
90
Asohalt Concrete
Asphalt Mix Design, Caltrans........... ................................ ................... S 2.200
Asphalt Mix Desi9n Review, Job Spec ................................................. $ 150
Extraction, % Asphalt, including Gradation, D 2172, CT 310 ............... $ 215
Film StnpDing, CT 302 ......................................................................... $ 1eO
Hveem Stability and Unit Weight CTM or ASTM, CT 366................... $ 195
Marshall Stability, Flow and Unit Weight, T-245................................... $ 215
Maximum Tnecretlcal Unit Weight, D 2041.......................................... S 120
Swell, CT 305....................................................................................... $ 165
Unit Wejght sample crcere, D 2726, CT 308 ........ ......................... S 90
165
500
190
190
Aaareaates
Abscr;nion, Coarse, C 127 ................................................................... $ 35
Abscrption, Fine, C 128........................................................................ $ 35
Clay Lumps and Friable P'3rtlcles,. C 142............................................. S 100
Cleanness Vaiue, CT 227..................................................................... S 120
Crushed Particles, CT 205 ................................................................... $ 140
Durability, Ccarse, CT 229 ................................................................... $ 130
Durability, Fine, CT 229........................................................................ $ 130
Los Angeles Abrasion, C 131 or C 535.................................. .............. S 180
Mcrtar making proper.ies ofnne aggregate, C 87.................................. $ 275
Organic Impurities, C 40 ......................................................................5 55
Pctential Reactivity ef Aggregate (Chemical Method), C 289................ $ 390
Sand Equivalent, CT 217..................................................................... $ 90
Sieve Anaiysis, Coarse Aggregate, C 136............................................ 5 105
Sieve Analysis, Rne Aggregate (including wash), C 136...................... $ 105
Sodium Sulfate Soundness (per size fraction), C 88............................. $ 160
Specific Gravity, Ccarse, C 127............................................................ 5 75
Specific Gravity, Fine, C 128................................................................ 5 85
45
60
45
45
40
35
SO
60
440
120
55
55
30
30
110
Special preparation of standard test specimens will be c:iarged at the technician's hourly rate.
Ninyo & Moore is accredited to perform the AASHTO equivalent of many ASTM test precedures.
11 - ~iJ
iyin90 &J\i\O\lt"e
~(~
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Januarj 13, 2009
Proposal No. P-8286
Proposal to Provide As-Needed Geotechnical, Storm Water Monitoring, Materials Testing, and
Special Inspection Consuiting SelVices
01Y OF
(HUlA VISlA
~...l:EST METHOD. . '.~' PRIMAR'fTESTS .'. ." .... . '., .... .... ..' .' .1. P P.R RIICC.~.IE.. . '. ..
~~3JSf~~~~~"~~
, C 39 I Com ression Test I 522.00
C 42 I Care' excludin sam Ie oreoaration I $55.00
ACI I Shotcrete oanel care 3 cores er oanel) I $250.00
I Concrete Mix Desi n or Mix Review excludin a I $140.00
I 'Sawcuttinq of Sample I 56400/hr
,~
Comoression Test I
Black 8x8x16 or smaller, I
Mortar, 2x4 c' Iinder (USC), I
Grout USC I
Care I
Shear
Masonry Prism, Full Size (8x16x16), , each
Masonr Prism, Half Size 8x16x8 , each I
I Conformance Package ASTM C90 (including all testing and report, 61
Units) .
F~{tf~~~=:t1~1f~
Speciric Gravity
ASTM C127 Coarse Aggregate 575.00
ASTM C128 Fine Aggregate $ 85.00
___2~.&R~es.istilJi, . 5140.0.0
~~\\~!l~=!i~_
I ASTM 01559 I Stabilit Test - Marshall, ave of 3, unit we! ht & fiow, . $215.00 I
I I .~.sohalt Concrete Mix Desi n or Mix Review, I 5150.00
T 245 I Unit Weight Requiring Compaction (Marshall) I $21500
ASTM 01559
ASTM E447
ASTM ,'-447
C 90
545.00
$60.00
530 00 .
$30.00
$55.00
$55.00
$140.00
$110.00
$440.00
SM 2540 C
120.1
Total Dissolved Solids (TDS)
Soecific Conductivit'
Oii and Grease
pH
$1500
S12.00
$36.00
$9.00
1664 HtM
I SM 4500H + S/9045
I TEST METHOD I PRIMARY TESTS . I PRJCE I
~=:9Ii~!l~~ ~
I Shear Tests (sin ale ooin!) I $110.00 I
02435, CT 219 I Consolidation Tests $275.00 I
02937 I Moisture-Density $3900 I
I C.S.R. Tests (includes Comoaction Test) $600.00 I
I Lime Treated CBR $440.00 I
R-Ifalue (Lime Treated) $250 00 I
Mechanical Analyses -
Sieve Test $110.00
H'Idrometer Test 5190.00
I Plasticitv Index I 5145.00 I
04829, USC 18-2 I Exoansion Index I $165.00
0854 I Soecific Gravity I $90.00
1 1 - ~S
JYin90 &~OOi'e
~! fc..
~-
January 13, 2009
Proposal No. P.,'J286
Proposal to Provide As-Needed Geotechnical, Storm Water Monitoring, Materials Testing, and
Special Inspection Consulting Services
G1Y Of
CHUL-\ V1STA
I 02166, T 208
$100.00
Fine Sieve Analysis with 200 Wash
Sieve Analysis oi Fine and Coarse Aggregate
Compressive Strength - Concrete Cylinder (Set oi Three)
ASTM 01557 I Compaction Characteristics oi Soil Using the Modiiied Proctor $180.00
Method
ASTM 02041 I Maximum speciiic Gravity and Density oi Bituminous Paving Mixtures $120.00
ASTM 02172 Extraction oi Bitumen irom Bituminous Paving Mixtures $215.00
I ASTM 02419 Sand Equivalent Value oi Soils and Fine Aggregates $90.00
I ASTM D2726 I Speciiic Gravity and Density oi Compacted Bituminous Paving MiXi $90.00
tures
I ASTM 03910 I Consistency Test and Wet Track Abrasion Test I $100.00
I ASTM C131 I Abrasion and Impact in the L.A. Machine I $180.00
ASTM C289 Potential Reactivity oi Aggregate $39000
ASTM C40 Organic Impurities in Fine Concrete Aggregates I 555.00
ASTM C42 Testing Drilled Concrete Cores (Compression Test Only, Set oi I $55.00
Three)
ASTM C78 Flexural Strength oi Concrete I 550.00
I ASTM C88 Soundness oi Aggregates by Use oi Suliates I $160.00
I ASTM D422 Particle Size Analysis oi Soils I $110.00 I
CA TEST 202
CA TEST 216
CA TEST 217
CA TEST 226
CA TEST 301
Sieve Analysis oi Fine and Coarse Aggregates
Relative Compaction oi Untreated and Treated Soils and Aggregates
Sand Equivalent
Moisture Content in Soils by Oven Drying
"Fl," Value oi Soils by Stabilometer
I Preparation oi Bituminous Mixtures ior Testing (Built into Hourlyl
Rate)
. I Moisture Vapor Susceptibility oi Bituminous Mixtures I
8110.00
$180.00
$90.00
$30.00
$250.00
$64.00/hr
CA TEST 304
CA TEST 307
$25000
11-3.'B
JVin90 &JV\oore
~(~
~
January 13, 2009
Proposal No. P-B286
Proposal to Provide As-Needed Geotechnical, Storm Water Monitoring, Materials Testing, and
Special Inspection Consulting Services
Cl1Y Of
CHULA VI5fA
I TEST METHOD I PRIMARY TESTS ~ PRICE
CA TEST 308 I Specific Gravity and Weight of Compressed Bituminous Mixtures $90.00
CA TEST 312 Design and Testing of Class "A" Cement Treated Base (Complete I 5750.00 I
CTB Design, including laboratory conFormance testing of aggregates)
CA TEST 366 Stabilometer Value of Bituminous Mixtures $195.00
I CA TEST 367 Recommending Optimum Bitument Content (OBC) $280.00
CA TEST 375 I In-Place Density and Relative Compaction of Asphalt Concrete Pave- included
ment (Built into Hourly Rate)
CA TEST 379 I Asphalt Content of Bituminous Mixtures $215.00
I CA TEST 521 Compressive Strength of Molded Concrete Cylinders I 522.00
CA TEST 540 I Mixing, Storing, and Handling Concrete Compressive Strength. I included
Specimens in the Field (Built into Hourly Rate)
CA TEST 205 I Percentage of Crushed Particles $140.00
CA TEST 211 Abrasion of Coarse ( 500 Revolutions) $15000
Aqqreqate - LA Rattler (1,000 Revolutions)
CA TEST 213 Organic Impurities in Concrete Sand , $55.00
I
CA TEST 214 Soundness of Aggregates by Use of Sodium Sulfate 516000 ,
CA, TEST 227 Evaluating Cleanness of Coarse Aggregates 5120.00
CATEST 229 Test for Durability Index I $130.00
.~
I Mechanical Coupler Testing (Tensile, Yield, Slippage & Sample Preparation), each. I $95.00 I
I Tensile Testing up to No. 11 Bar (ultimate strength only), each I 550.00
I Tensile Testing No. 14 Bar (ultimate strength only), each I 560.00
I Tensile Testing No. 18 Bar (ultimate strength only), each I $70.00
I Tensile Testing (ultimate strength only) I 550.00
Flat Bar Reduced Section, each I $70.00
Round Bar Reduced Section 0.505" Diameter, each I 570.00
Round Bar Reduced Section, sub-size, each I $70.00
Yield Strength Testing (by extensometer), each I $12000
Tensile, Full Section Tube, each I $100.00
Bend Test, each I $50.00
Fillet Weld Break Test, each I 555.00
Charpy Impact: Ambient I emperature, per set of 3 5100.00
Charpy Impact: Ambient - 40QF, per set of 3 5150.00
I Charpy Impact: - 41 'F to -100QF $150.00
Charpy Individual Specimens for Transition Curle I $120.00
Rockwell Hardness, per set of 3 550.00
11-410
1(in90&}{\80re.
~{~
~
January 13, 2009
Proposal No. P-il286
Proposal to Provide As-Needed Geotechnical, Storm Water Monitoring, Materials Testing, and
Special Inspection Consulting Services
mY OF
CHUlA VISTA
PRIMARY TESTS
Sample Preparation (as required)
r PRICE
I 564 OO/h r
Charpy Impact Specimens
Carbon Steel, per set of 3
Carbon Steel, Sub-Size, per set of 3
Other Materials, per set of 3
Other Materials, Sub-Size, per set of 3
Carbon Steel, Flat Bar Reduced Section, each
Carbon Steel, Round Bar 0.505" Diameter, each
Carbon Steel, Ro~nd Bar Sub-Size, each
Other Materials, Flat Bar Reduced Section, each
Other Materials, Round Bar 0.505" Diameter, each
Other Materials, Round Bar Sub-Size, each.
Macro Specimens
Carbon Steel, each
Other Materials, each
General Machining Charge, per hour
I
I
I
I
I
I
I
I
$360.00
$360.00
$360.00
$360.00
$90.00
$90 00
$90.00
$90.00
$90.00
$90.00
530.00
530.00
$100.00
11-4t1
}(i090&JV\'Oor'e.
y
Dated:
3LIV /15"}
I ~ '
Agreement between the City of Chula Vista and
MACTEC Engineering and Consulting, Inc.
to conduct on call Geotechnical, Storm Water Monitoring, Materials Testing
and Special Inspection Consulting Services
11 -42
Parties and Recital Page(s)
Agreement between
City of Chula Vista
and
MACTEC Engineering and Consulting, Inc.
To conduct on call Geotechnical, Storm Water Monitoring, Materials Testing And Special
Inspection Consulting Services
This agreement ("Agreement"), dated for the purposes of reference
. only, and effective as of the date last executed unless another date is otherwise specified in
Exhibit A, Paragraph 1, is between the City-related entity as is indicated on Exhibit A,
Paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, Paragraph 3, and
the entity indicated on the attached Exhibit A, Paragraph 4, as Consultant, whose business form
is set forth on Exhibit A, Paragraph 5, and whose place of business and telephone numbers are
set forth on Exhibit A, Paragraph 6 ("Consultant"), and is made with reference to the following
facts:
Recitals
WHEREAS, the City has a Capital Improvement Program (TIP") for various projects
located in the City, and,
WHEREAS, the City has the need for on call Geotechnical, Storm Water Monitoring,
Materials Testing And Special Inspection Consulting Services during said CIP projects' design and
construction phases; and, .
WHEREAS, A Request for Proposal ("RFP") was issued with a due date of January 13,
2009; and,
WHEREAS, on said date, the City of Chula Vista received eight (8) proposals from
firms interested in providing said consultant services; and,
WHEREAS, after the City completed their review of the proposals for all eight firms, the
City selected MACTEC Engineering and Consulting, Inc. as one of four Consultant to provide
the services necessary; and,
WHEREAS, MACTEC Engineering and Consulting, Inc. as an on call consultant, prior
to commencing work on a particular CIP project ("Project") on which the City desires its
services, shall be issued a task order; and
WHEREAS, Consultant warrants and represents that they are experienced and staffed in
a manner such that they are and can deliver the services required of Consultant to City within the
time frames herein provided all in accordance with the terms and conditions ofthis Agreement;
(End of Recitals. Next Page starts Obligatory Provisions.)
K:\ENGINEER\l\1aterial testing\'vfACTEC\att-final-MACTEC- rl.doc
11-43
Page 1
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually
agree as follows:
All ofthe Recitals above are hereby incorporated into this Agreement.
.ARTICLE 1. CONSULTANT'S OBLIGATIONS
A. General
1. General Duties. Consultant shall perform all of the services described on the attached
Exhibit A, Paragraph 7, entitled "General Duties".
2. Scope of Work and Schedule. In the process of performing and delivering said "General
Duties", Consultant shall also perform all of the services described in Exhibit A,
Paragraph 8, entitled "Scope of Work and Schedule", not inconsistent with the General
Duties, accQrding to, and within the time frames set forth in Exhibit A, Paragraph 8, and
deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the
time frames set forth therein, time being of the essence of this Agreement. The General
Duties and the work and deliverables required in the Scope of Work and Schedule shall
be herein referred to as the "Defined Services". Failure to complete the Defined Services
by the times indicated does not, except at the option of the City, terminate this
Agreement.
1. Reductions in Scope of Work. City may independently, or upon request from
Consultant, from time to time, reduce the Defined Services to be performed by the
Consultant under this Agreement. Upon doing so, City and Consultant agree to meet
in good faith and confer for the purpose of negotiating a corresponding.reduction in
the compensation associated with said reduction.
11. Additional Services. In addition to performing the Defmed Services herein set forth,
City may require Consultant to perform additional consulting services related to the
Defined Services ("Additional Services"), and upon doing so in writing, if they are
within the scope of services offered by Consultant, Consultant shall perform same on
a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A,
Paragraph IO(C), unless a separate fixed fee is otherwise agreed upon. All
compensation for Additional Services shall be paid monthly as billed.
3. Task Orders. Consultant shall not commence work on a Project unless and until the City
has issued a written "Task Order" for that Project. No costs incurred on a Project prior to
the issuance of a Task Order shall be recoverable by Consultant under this Agreement.
4. Standard of Care. The Consultant expressly warrants that the work to be performed
pursuant to this Agreement, whether Defined Services or Additional Services, and the
Task Orders shall be performed in accordance with the standard of care ordinarily
exercised by members of the profession currently practicing under similar conditions and
in similar locations.
K:\ENGINEER\J.vfaterial testing\MACTEC\att.fmal-Mtf!44- rl.doc
Page 2
1. No Waiver of Standard of Care. 'Nhere approval by City or other agencies as may be
applicable 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.
B. Application of Laws. Should a federal or state law pre-empt a local law, or regulation, the
Consultant must comply with the federal or state law and implementing regulations. No
provision of the Agreement requires the Consultant to.observe or enforce compliance with
any provision, perform any other act, or do any other thing in contravention of federal, state,
territorial, or local law, regulation, or ordinance. If compliance with any provision of the
Agreement violates or would require the Consultant to violate any law, the Consultant agrees
to notify City immediately in writing. Should this occur, the City and the Consultant agree
that they will make appropriate arrangements to proceed with or, if necessary, terminate the
Project, or portions thereof, expeditiously.
", '--,
1. Subcontractors. Consultant agrees to take appropriate measures necessary to ensure that
all Project participants, such as subcontractors, comply with all applicable laws,
regulations, ordinances, and policies, whether federal, state, or local, affecting
performance of the Defined Services for a Project. In addition, if a subcontractor is
expected to fulfill any responsibilities of the Consultant under this Agreement, the
Consultant shall assure that the subcontractor carries out the Consultant's responsibilities
as set forth in this Agreement.
C. Insurance
1. General. Consultant must procure and maintain, during the period of performance of this
Agreement, policies. of insurance from insurance companies to protect against claims for
injuries to persons or damages to property that may arise from or in connection with the
performance of the work under the Agreement and the results of that work by the
Consultant, his agents, representatives, employees or subcontractors and provide
documentation of same prior to commencement of work.
2. Minimum Scope of Insurance. Coverage must be at least as broad as:
1. CGL. Insurance Services Office Commercial General Liability coverage (occurrence
Form CGOOOl).
11 Auto. Insurance Services Office Form Number CA 0001 covering Automobile
Liability, Code 1 (any auto).
iii. WC. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
K:\ENGINEER\i.\1aterial testing\i.vIACTEC\att-final-MACTEC- rl.doc
11-45
Page 3
IV. E&O. Professional Liability or Errors & Omissions Liability insurance appropriate to
the Consultant's profession. Architects' and Engineers' coverage is to be endorsed to
include contractual liability.
3. Minimum Limits of Insurance. Contractor must maintain limits no less than those
included in the table below:
i. General Liability: $1,000,000 per occurrence for bodily injury, personal injury,
(Including (including death), and property damage. If Commercial General
operations, Liability insurance with a general aggregate limit is used, either
products and the general aggregate limit must apply separately to this
completed project/location or the general aggregate limit must be twice the
operations, as required occurrence limit.
applicable)
ii. Automobile $1,000,000 per accident for bodily injury, including death, and
Liability: property damage.
iii. Workers' Statutory
Compensation $1,000,000 each accident
Employer's $1,000,000 disease-policy limit
Liability: $1,000,000 disease-each employee
iv. Professional $1,000,000 each occurrence
Liability or Errors $2,000,000 policy aggregate
& Omissions
Liability:
4. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must
be declared to and approved by the City. At the option of the City, either the insurer will
reduce or eliminate such deductibles or self-insured retentions as they pertain to the City,
its officers, officials, employees and volunteers; or the Consultant will provide a financial
guarantee satisfactory to the City guaranteeing payment of losses and related
investigations, claim administration, and defense expenses.
5. Other Insurance Provisions. The general liability, automobile liability, and where
appropriate, the worker's compensation policies are to contain, or be endorsed to contain,
the following provisions:
1. Additional Insureds. City of Chula Vista, its officers, officials, employees, agents,
and volunteers are to be named as additional insureds with respect general liability
and auto only of insurance, including those with respect to liability arising out of
automobiles owned, leased, hired or borrowed by or on behalf of the Consultant,
where applicable, and, with respect to liability arising out of work or operations performed
by or on behalf of the Consultant, including providing materials, parts or equipment
furnished in connection with such work or operations. The general liability additional insured
coverage must be provided in the form of an endorsement to the contractor's
K:\ENGINEER \ivIaterial testing\ivI.ACTEC\art-frnal-N(tfI~~- rl.doc
Page 4
insurance using a blanket endorsement. Specifically, the endorsement must not
exclude Products/Completed Operations coverage.
11. Primary Insurance. The Consultant's General Liability insurance coverage must be
primary insurance as it pertains to the City, its officers, officials, employees, agents,
and volunteers. Any insurance or self-insurance maintained by the City, its officers,
officials, employees, or volunteers is wholly separate from the insurance of the
contractor and in no way relieves the contractor from its responsibility to provide
msurance.
iii. Cancellation. The insurance policies required must be endorsed to state that coverage
will not be canceled by either party, except after thirty (30) days' prior written notice
to the City by U.S. mail.
iv. Active Negligence. Coverage shall not extend to any indemnity coverage for the
. active negligence of the additional insureds in any case where an agreement to
indemnify the additional insured would be invalid under Subdivision (b) of Section
2782 oftheCivil Code.
v. Waiver of Subrogation. Consultant's insurer will provide a Waiver of Subrogation in
favor of the City for each required policy providing coverage for the term required by
this Agreement.
6. Claims Forms. If General Liability, Pollution andJor Asbestos Pollution Liability andJor
Errors & Omissions coverage are written on a claims-made form:
1. Retro Date. The "Retro Date" must be shown, and must be before the date of the
contract or the beginning of the contract work.
11. Maintenance and Evidence. Insurance must be maintained and evidence of insurance
must be provided for at least five (5) years after completion of the contract work.
iii. Cancellation. If coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a "Retro Date" prior to the contract effective date, the
Consultant must purchase "extended reporting" coverage for a minimum of three (3)
years after completion of contract work.
IV. Copies.
K:\ENGI0icER\Material testingll\1ACTEC\att-final-MACTEC- r l.doe
11-47
Page 5
7. Acceptability of Insurers. Insurance is to be placed with licensed insurers admitted to
transact business in the State of California with a current A.M. Best's rating of no less
than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the
State of California "List of Eligible Surplus Lines Insurers ("LESLI") with a current A.M.
Best's rating of no less than A X. Exception may be made for the State Compensation
Fund when not specifically rated.
8. Verification of Coverage. Consultant shall furnish the City with original certificates and
amendatory endorsements affecting coverage required by Section C. The endorsements
should be on insurance industry forms, provided those endorsements or policies conform
to the contract requirements. All certificates and endorsements are to be received and
approved by the City before work commences. The City reserves the right to require, at
any time, complete, certified copies of all required insurance policies, including
endorsements evidencing the coverage required by these specifications.
9. Subcontractors. Consultants must include all subconsultants as insureds under its policies
or furnish separate certificates and endorsements for each subconsultant. All coverage for
subconsultants is subject to all of the requirements included in these specifications.
10. Not a Limitation of Other Obligations. Insurance provisions under this Article shall not
be construed to limit the Consultant's obligations under this Agreement, including
Indemnity.
D. Security for Performance
1. Performance Bond. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide a Performance Bond (indicated by a check mark in the
parenthetical space immediately preceding the subparagraph entitled "Performance
Bond"), then Consultant shall provide to the City a performance bond in the form
prescribed by the City and by such sureties which are authorized to transact such business
in the State of California, listed as approved by the United States Department of Treasury
Circular 570, http://www.fms.treas.gov/c570, and whose underwriting limitation is
sufficient to issue bonds in the amount required by the agreement, and which also satisfy
the requirements stated in Section 995.660 ofthe Code of Civil Procedure, except as
provided otherWise by laws or regulations. All bonds signed by an agent must be
accompanied by a certified copy of such agent's authority to act. Surety companies must
be duly licensed or authorized in the jurisdiction in which the Project is located to issue
bonds for the limits so required. Form must be satisfactory to the Risk Manager or City
Attorney which amount is indicated in the space adjacent to the term, "Performance
Bond", in said Exhibit A, Paragraph 18.
2. Letter of Credit. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical
space immediately preceding the subparagraph entitled "Letter of Credit"), then
Consultant shall provide to the City an irrevocable letter of credit callable by the City at
their unfettered discretion by submitting to the bank a letter, signed by the City Manager,
K:\ENGINEER\Jvfalerial testing\JVfACTEC\att-fmal-j\l1~T!g- rl.doc
Page 6
stating that the Consultant is in breach of the terms ofthis Agreement. The letter of
credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk
Manager or City Attorney which amount is indicated in the space adjacent to the term,
"Letter of Credit", in said Exhibit A, Paragraph 18.
3. Other Security. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide security other than a Performance Bond or a Letter of Credit
(indicated by a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Other Security"), then Consultant shall provide to the City such .
other security therein listed in a form and amount satisfactory to the Risk Manager or
City Attorney.
E. Business License. Consultant agrees to obtain a business license from the City and to
otherwise comply with Title 5 of the Chula Vista Municipal Code.
ARTICLE II. CITY OBLIGATIONS
A. Consultation and Cooperation. City shall regularly consult the Consultant for the purpose
ofreviewing the progress of the Defined Services and Schedule therein contained for each
Task Order, and to provide direction and guidance to achieve the objectives of this
Agreement and the Task Order. The City shall permit access to its office facilities, files and
records by Consultant throughout the term of the agreement. In addition thereto, City agrees
to provide the information, data, items and materials set forth on Exhibit A, Paragraph 9, and
with the further understanding that delay in the provision of these materials beyond
thirty (30) days after authorization to proceed, shall constitute a basis for the justifiable delay
in the Consultant's performance of this agreement.
B. Compensation.
1. Following Receipt of Billing. Upon receipt of a properly prepared billing from
Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 17, but
in no event more frequently than monthly, on the day of the period indicated in Exhibit
A, Paragraph 17, City shall compensate Consultant for all services rendered by
Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 10,
adjacent to the governing compensation relationship indicated by a "checkmark" next to
the appropriate arrangement, subject to the requirements for retention set forth in
Paragraph 18 of Exhibit A, and shall compensate Consultant for out of pocket expenses
as provided in Exhibit A, Paragraph 11.
2. Supporting Information. Any billing submitted by Consultant shall contain sufficient
information as to the propriety of the billing, including properly executed payrolls, time
records, invoices, contracts, or vouchers describing in detail the nature of the charges to
the Project in order to permit the City to evaluate that the amount due and payable
thereunder is proper, and such billing shall specifically contain the City's account number
indicated on Exhibit A, Paragraph 17(e) to be charged upon making such payment.
Page 7
K:\ENGINEER'u'vlaterial testing'u'v1ACTEC\att-final-iYt10'!~:- rl.doc
3. Exclusions. In determining the amount of the compensation City will exclude any cost 1)
incurred prior to the effective date of this Agreement; 2) arising out of or related to the
errors, omissions, negligence or acts of willful misconduct ofthe Consultant, its agents,
employees, or subcontractors.
1. Errors and Omissions. In the event that the City Administrator determines that the
Consultants' negligence, errors, or omissions in the performance of work under this
Agreement has resulted in expense to City greater than would have resulted if there
were no such negligence, errors, omissions, Consultant shall reimburse City for any
additional expenses incurred by the City. Nothing herein is intended to limit City's
rights under other provisions of this agreement.
4. Payment Not Final Approval. The Consultant understands and agrees that payment to the
Consultant for any Project cost does not constitute a City final decision about whether
that cost is allowable and eligible for payment under the Project and does not constitute a
waiver of any violation of Consultant of the terms of the Agreement. The Consultant
acknowledges that City will not make a fmal determination about the eligibility of any
cost until the final payment has been made on the Project or the results of an audit of the
Project requested by the City has been completed, whichever occurs latest. If City
determines that the Consultant is not entitled to receive any portion of the compensation
due or paid, City will notify the Consultant in writing, stating its reasons. The Consultant
agrees that Project closeout will not alter the Consultant's responsibility to return any
funds due City as a result oflater refunds, corrections, or other similar transactions; nor
will Project closeout alter the right of City to disallow costs and recover funds provided
for the Project on the basis of a later audit or other review.
1. Consultant's Obligation to Pay. Upon notification to the Consultant that specific
amounts are owed to City, whether for excess payments or disallowed costs, the
Consultant agrees to remit to City promptly the amounts owed, including applicable
interest.
ARTICLE III. ETHICS
A. Financial Interests of Consultant
.1. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A,
Paragraph 14, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the
purposes ofthe Politicai Reform Act conflict of interest and disclosure provisions, and
shall report economic interests to the City Clerk on the required Statement of Economic
Interests in such reporting categories as are specified in Paragraph 14 of Exhibit A, or if
none are specified, then as determined by the City Attorney.
2. No Participation in Decision. Regardless of whether Consultant is designated as an FPPC
Filer, Consultant shall not make, or participate in making or in any way attempt to use
Consultant's position to influence a governmental decision in which Consultant knows or
K:\ENGINEER\\1aterial testingIMACTEClatt-flnal-1vIff.Isu- rl.doc
Page 8
has reason to know Consultant has a financial interest other than the compensation
promised by this Agreement.
3. Search to Determine Economic Interests. Regardless of whether Consultant is designated
as an FPPC Filer, Consultant warrants and represents that Consultant has diligently
conducted a search and inventory of Consultant's economic interests, as the term is used
in the regulations promulgated by the Fair Political Practices Commission, and has
determined that Consultant does not, to the best of Consultant's knowledge, have an
economic interest which would conflict with Consultant's duties under this agreement.
4. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is
designated as an FPPC Filer, Consultant further warrants and represen'ts that Consultant
will not acquire, obtain, or assume an economic interest during the term of this
Agreement which would constitute a conflict of interest as prohibited by the Fair Political
Practices Act.
5, Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated
as an FPPC Filer, Consultant further warrants and represents that Consultant will
immediately advise the City Attorney of City if Consultant learns of an economic interest
of Consultant's that may result in a conflict of interest for the purpose ofthe Fair Political
Practices Act, and regulations promulgated'thereunder. '
6. Specific Warranties Against Economic Interests. Consultant warrants, represents and
agrees:
1. That neither Consultant, nor Consultant's immediate family members, nor
Consultant's employees or agents ("Consultant Associates") presently have any
interest, directly or indirectly, whatsoever in any property which may be the subject
matter of the Defined Services, or in any property within 2 radial miles from the
exterior boundaries of any property which maybe the subject matter of the Defined
Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 14.
11. That no promise of future employment, remuneration, consideration, gratuity or other
reward or gain has been made to Consultant or Consultant Associates in connection
with Consultant's performance of this Agreement. Consultant promises to advise City
of any such promise that may be made during the Term of this Agreement, or for
twelve months thereafter.
iii. That Consultant Associates shall not acquire any such Prohibited Interest within the
Term of this Agreement, or for twelve months after the expiration of this Agreement,
except with the written permission of City.
IV. That Consultant may not conduct or solicit any business for any party to this
Agreement, or for any third party that may be in conflict with Consultant's
responsibilities under this Agreement, except with the written permission of City.
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IV. LIQUIDATED DAMAGES
A. Application of Section. The provisions of this section apply if a Liquidated Damages Rate
is provided in Exhibit A, Paragraph 13.
1. Estimating Damages. It is acknowledged by both parties that time is of the essence in the
completion of this Agreement. It is difficult to estimate the amount of damages resulting
from delay in performance. The parties have used their judgment to arrive at a reasonable
amount to compensate for delay.
2. Amount ofPenaltv. Failure to complete the Defined Services within the allotted time
period specified in this Agreement shall result in the following penalty: For each
consecutive calendar day in excess of the time specified for the completion of the
respective work assignment or Deliverable, the Consultant shall pay to the City, or have
withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A,
Paragraph 13 ("Liquidated Damages Rate").
3. Request for Extension of Time. If the performance of any act required of Consultant is
directly prevented or delayed by reason of strikes, lockouts, labor disputes, unusual
governmental delays, acts of God, fire, floods, epidemics, freight embargoes, or other
causes beyond the reasonable control of the Consultant, as determined by the City,
Consultant shall be excused from performing that act for the period of time equal to the
period of time of the prevention or delay. In the event Consultant claims the existence of
such a delay, the Consultant shall notify the City's Contract Administrator, or designee, in
writing of that fact within ten (10) calendar days after the beginning of any such claimed
delay. Extensions of time will not be granted for delays to minor portions of work unless
it can be shown that such delays did or will delay the progress ofthe work.
ARTICLE V. INDEMNIFICATION
A. Defense, Indemnity, and Hold Harmless.
1. General Requirement. Except for liability for Professional Services covered under
Article V, Section (A)(2), Consultant shall defend, indemnify, protect and hold harmless
the City, its elected and appointed officers and employees, from and against any and all
claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in
law or equity, to property or persons, including wrongful death, in any manner arising out
of or incident to any alleged acts, omissions, negligence, or willful misconduct of
Consultant, its officials, officers, employees, agents, and contractors, arising out of or in
connection with the performance of the Defined Services or this Agreement. This
indemnity provision does not include any claims, damages, liability, costs and expenses
(including without limitations, attorneys fees) arising from the sole negligence or sole
willful misconduct of the City, its officers, employees. Also covered is liability arising
from, connected with, caused by or claimed to be caused by the active or passive
negligent acts or omissions of the City, its agents, officers, or employees which may be in
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combination with the active or passive negligent acts or omissions of the Consultant, its
employees, agents or officers, or any third party.
2. Professional Services. For those professionals who are required to be licensed by the
state (e.g. architects, landscape architects, surveyors and engineers) C'Design
Professionals"), Design Professionals shall defend, indemnify and hold the City, its
officials, officers, employees, volunteers, and agents free and harmless from any and all
claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in
law or equity, to property or persons, including wrongful death, in any manner arising out
of, pertaining to, or relating to any negligence, errors or omissions, recklessness, or
willful misconduct of Design Professional, its officials, officers, employees, agents,
consultants, and contractors arising out of or in connection with the performance of the
Design Professional's Services. Also covered is liability arising from, connected with,
caused by, or claimed to be caused by the active or passive negligent acts or omissions of
the City, its agents, officers, or employees which may be in combination with the active
or passive negligent acts or omissions of the Design Professional, its employees, agents
or officers, or any third party. The Design Professional's duty to indemnify, protect and
hold harmless shall not include any claims or liabilities arising from the sole negligence
or sole willful misconduct of the City, its agents, officers or employees. This section in
no way alters, affects or modifies the Design Professional's obligation and duties under
this Agreement.
3. Costs of Defense and Award. Included in the obligations in Sections 1 and 2, above, is
the Consultant's obligation to defend, at Consultant's own cost, expense and risk, any and
all aforesaid suits, actions or other legal proceedings of every kind that may be brought or
instituted against the City, its directors, officials, officers, employees, agents and/or
volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be
rendered against City or its directors, officials, officers, employees, agents and/or
volunteers, for any and all legal expense and cost incurred by each of them in connection
therewith.
4. Insurance Proceeds. Consultant's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the City, its directors, officials, officers,
employees, agents, and/or volunteers.
5. Declarations. Consultant's obligations under Article V shall not be limited by any prior
or subsequent declaration by the Consultant.
6. Enforcement Costs. Consultant agrees to pay any and all costs City incurs enforcing the
indemnity and defense provisions set forth in Article V.
7. Survival. Consultant's obligations under Article V shall survive the termination of this
Agreement.
ARTICLE VI. TERJ.VfINATION OF AGREEMENT
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A. Termination for Cause. If, through any cause, Consultant shall fail to fulfill in a timely and
proper manner Consultant's obligations under this Agreement, or if Consultant shall violate
any of the covenants, agreements or stipulations of this Agreement, City shall have the right
to terminate this Agreement by giving written notice to Consultant of such termination and
specifying the effective date thereof at least five (5) days before the effective date of such
termination. In that event, all finished or unfinished documents, data, studies, surveys,
drawings, maps, reports and other materials prepared by Consultant shall, at the option of the
City, become the property of the City, and Consultant shall be entitled to receive just and
equitable compensation, in an amount not to exceed that payable under this Agreement and .
less any damages caused City by Consultant's breach, for any work satisfactorily completed .
on such documents and other materials up to the effective date of Notice of Termination,.
B. Termination of Agreement for Convenience of City. City may terminate this Agreement
at any time and for any reason, by giving specific written notice to Consultant of such
termination and specifying the effective date thereof, at least thirty (30) days before the
effective date of such termination. In that event, all finished and unfinished documents and
other materials described hereinabove shall, at the option of the City, become City's sole and
exclusive property. If the Agreement is terminated by City as provided in this paragraph,
Consultant shall be entitled to receive just and equitable compensation, in an amount not to
exceed that payable under this Agreement, for any satisfactory work completed on such
documents and other materials to the effective date of such termination. Consultant hereby
expressly waives any and all claims for damages or compensation arising under this
Agreement except as set forth herein.
ARTICLE VII. RECORD RETENTION AND ACCESS
A. Record Retention. During the course of the Project and for three (3) years following
completion, the Consultant agrees and to maintain, intact and readily accessible, all data,
documents, reports, records, contracts, and supporting materials relating to the Project as City
may reqUITe.
B. Access to Records of Consultant and Subcontractors. The Consultant agrees to permit,
and require its subcontractors to permit City or its authorized representatives, upon request,
to inspect all Project work, materials, payrolls, and other data, and to audit the books,
records, and accounts of the Contractor and its subcontractors pertaining to the Project.
C. Project Closeout. The Consultant agrees that Project closeout does not alter the reporting
and record retention requirements of this Agreement.
ARTICLE VIII. PROJECT COMPLETION, AUDIT, AND CLOSEOUT
A. Project Completion. Within ninety (90) calendar days following Project completion or
termination by CITY, the Consultant agrees to submit a final certification of Project expenses
and audit reports, as applicable.
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B. Audit of Consultants. The Consultant agrees to have performed financial and compliance
audits the City may require. The Consultant also agrees to obtain any other audits required
by City. The Consultant agrees that Project closeout will not alter the Consultant's audit
responsibilities. Audit costs are allowable Project costs.
C. Project Closeout. Project closeout occurs when City notifies the Consultant that City has
closed the Project, and either forwards the final payment or acknowledges that the Consultant
has remitted the proper refund. The Consultant agrees that Project closeout by City does not
invalidate any continuing requirements imposed by the Agreement or any unmet
requirements set forth in a written notification from City
ARTICLE VIII. MISCELLANEOUS PROVISIONS
A. Assignability. The services of Consultant are personal to the City, and Consultant shall not
assign any interest in this Agreement, and shall not transfer any interest in the same (whether
by assignment or notation), without prior written consent of City.
1. Limited Consent. City hereby consents to the assignment of the portions of the Defined
Services identified in Exhibit A, Paragraph 16 to the subconsultants identified thereat as
"Permitted Subconsultants".
B. Ownership, Publication, Reproduction and Use of Material. All reports, studies,
information, data, statistics, forms, designs, plans, procedures, systems and any other
materials or properties produced under this Agreement shall be the sole and exclusive
property of City. No such materials or properties produced in whole or in part under this
Agreement shall be subject to private use, copyrights or patent rights by Consultant in the
Unit~d States or in any other country without the express Written consent of City. City shall
have umestricted authority to publish, disclose (except as may be limited by the provisions of
,the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in
part, any such reports, studies, data, statistics, forms or other materials or properties produced
under this Agreement.
C. Independent Contractor. City is interested only in the results obtained and Consultant shall
perform as an independent contractor with sole control of the manner and means of
performing the services required under this Agreement. City maintains the right only to
reject or accept Consultant's work products. Consultant and any of the Consultant's agents,
employees or representatives are, for all purposes under this Agreement, independent
contractors and shall not be deemed to be employees of City, and none of them shall be
entitled to any benefits to which City employees are entitled including but not limited to,
overtime, retirement benefits, worker's compensation benefits, injury leave or other leave
benefits. Therefore, City will not withhold state or federal income tax, social security ta.x or
any other payroll ta.x, and Consultant shall be solely responsible for the payment of same and
shall hold the City harmless with regard thereto.
1, Actions on Behalf of City, Except as City may specify in writing, Grantee shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever, as an
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agent or otherwise. Grantee shall have no authority, express or implied, to bind City or
its members, agents, or employees, to any obligation whatsoever, unless expressly
provided in this Agreement.
2. No Obligations to Third Parties. In connection with the Project, the Consultant agrees
and shall require that it's agents, employees, subcontractors agree that the City shall not
be responsible for any obligations or liabilities to any third party, including its agents,
employees, subcontractors, or other person or entity that is no't a party to this Agreement.
Notwithstanding that the City may have concurred in or approved any solicitation,
sub agreement, or third party contract at any tier, neither City shall have any obligations
or liabilities to such other party.
D. Administrative Claims Requirements and Procedures. No suit or arbitration shall be
brought arising out of this agreement, against the City unless a claim has first been presented
in writing and filed with the City and acted upon by the City in accordance with the
procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from
time to time be amended, the provisions of which are incorporated by this reference as if
fully set forth herein, and such policies and procedures used by the City in the
implementation of same. Upon request by City, Consultant shall meet and confer in good
faith with City for the purpose of resolving any dispute over the terms of this Agreement.
E. Administration of Contract. Each party designates the individuals ("Contract
Administrators") indicated on Exhibit A, Paragraph 12, as said party's contract administrator
who is authorized by said party to represent them in the routine administration of this
agreement.
F. Term. This Agreement shall terminate when the Parties have complied with all executory
provisions hereof.
G. Attorney's Fees. Should a dispute arising out of this Agreement result in litigation, it is
agreed that the prevailing party shall be entitled to a judgment against the other for an
amount equal to reason,able attorney's fees and court costs incurred. The "prevailing party"
shall be deemed to be the party who is awarded substantially the relief sought.
H. Statement of Costs. In the event that Consultant prepares a report or document, or
participates in the preparation of a report or document in performing the Defined Services,
Consultant shall include, or cause the inclusion of, in said report or document, a statement of
the numbers and cost in dollar amounts of all contracts and subcontracts relating to the
preparation of the report or document.
1. Consultant is Real Estate Broker and/or Salesman. If the box on Exhibit A, Paragraph 15
is marked, the Consultant and/or their principals is/are licensed with the State of California or
some other state as a licensed real estate broker or salesperson. Otherwise, Consultant
represents that neither Consultant, nor their principals are licensed real estate brokers or
salespersons.
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J.. Notices. All notices, demands or requests provided for or permitted to be given pursuant to
this Agreement must be in writing. All notices, demands and requests to be sent to any party
shall be deemed to have been properly given or served if personally served or deposited in
the United States mail, addressed to such party, postage prepaid, registered or certified, with
return receipt requested, at the addresses identified herein as the places of business for each
of the designated parties.
K. Integration. This Agreement, together with any other written document referred to or
contemplated herein, embody the entire Agreement and understanding between the parties
relating to the subject matter hereof. Neither this Agreement nor any provision hereof may
be amended, modified, waived or discharged except by an instrument in writing executed by
the party against which enforcement of such amendment, waiver or discharge is sought.
L. Capacity of Parties. Each signatory and party hereto hereby warrants and represents to the
other party that it has legal authority and capacity and direction from its principal to enter
into this Agreement, and that all resolutions or other actions have been taken so as to enable
it to enter into this Agreement.
M. Governing LawNenue. This Agreement shall be governed by and construed in accordance
with the laws of the State of California. Any action arising under or relating to this
Agreement shall be brought only in the federal or state courts located in San Diego County,
State of California, and if applicable, the City of Chula Vista, or as close thereto as possible.
Venue. for this Agreement, and performance hereunder, shall be the City of Chula Vista.
(End of page. Next page is signature page.)
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.Signature Page
to
Agreement between
City of Chuta Vista and
MACTEC Engineering and Consulting, Inc.
To conduct on cal1 Geotechnical, Storm Water Monitoring, Materials Testing And Special
Inspection Consulting Services
IN WITNESS WHEREOF, City and MACTEC Engineering and Consulting, Inc., have
executed this Agreement thereby indicating that they have read and understood same, and
indicate their full and complete consent to its terms:
Dated;
City ofChula Vista
By:
Cheryl Cox, Mayor
Attest:
Donna Norris, City Clerk
Approved as to form:
Bart Miesfeld, City Attorney
Dated:
MACTEC Engineering and Consulting,
Inc.
By:
/~ /
~/l/z...,-J <tr~
.!Javia'IYi/';'ol1, FE.
Principa! JVlaferia!s Engi17.eer
By: LJI'1II/0 W!i....f'!J/>I, .s.C'Niof(. ~I'<J (.,f'/f <....
[Name of Person, Title]
Exhibit List to Agreement ex)
Exhibit A.
Page] 6
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Exhibit A
to
Agreement between
City of Chula Vista
and
. MACTEC Engineering and Consulting, Inc.
To conduct on call Geotechnical, Storm Water Monitoring, Materials Testing And Special
Inspection Consulting Services
1. Effective Date of Agreement: Same as final City signature on page 15 of this agreement.
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation of the State of California
( ) Redevelopment Agency of the City ofChula Vista, a political subdivision of the State of
California
( ) Industrial Development Authority of the City of Chula Vista, a
( ) Other:
, a [insert business form]
("City")
3. Place of Business for City:
Cityof Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
4. Consultant:
l'vlACTEC Engineering and Consulting, Inc.
5. Business Foim of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
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9177 Sky Park Court
San Diego, CA 92123
Phone: 858-278-3600
Fax: 858-495-1941
7. General Duties:
Consultant shall provide Geotechnical, Storm Water Monitoring, Materials Testing And Special
Inspection Consulting Services at the direction and to the satisfaction of the City Engineer at
construction sites and facilities designated by the City of Chula Vista.
The Consultant shall provide:
A. Materials testing laboratory facilities staffed with personnel qualified to
perform sampling arid testing of portland cement concrete, soils, treated
soils, crushed aggregate base, bituminous materials, and other building materials, as
required.
The materials testing laboratory must have a documented Quality Assurance
Program (QAP) in conformance with Chapter 16 of the CALTRANS Local
Assistance Procedures Manual. The Consultant shall also provide a copy of the
QAP on a yearly basis.
B. Geotechnical/soil engineering services for City-funded projects during
earthwork construction operations, including geotechnical/soils engineering
observations during site preparation for placement of fill and construction of
sub-drainage systems.
C. Personnel that are experienced in the testing of materials used in the
construction of public works facilities and familiar with the San Diego Area
Regional Standard Drawings, the Green Book and mC-2007. The City shall have the
right to make a determination as to the qualifications of individual personnel and shall
have the right to require substitution of non-qualified individuals with qualified personnel
at any time. Personal assigned to City Of Chula Vista proj ects shall obtain approval from
the City on an annual basis.
The Consultant's QAP must include procedures and policies in which
personnel are certified to perform the materials testing and sampling
requested by City.
D. Materials Testing, Geotechnical and Building Special Inspection
Consulting Services in response to the City's request at the times and locations as
determined by the City Engineer. The City shall make requests for services with 24 hours
notice.
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E. A documented internal laboratory QAP for all required laboratory
analyses and procedures. All reference standards and equipment calibrations shall be
traceable to the National Institute of Standards and Technology.
F. Assurances that all samples are logged and traceable in personal, lab, times, tests, results
and disposal.
G. Assurances that all instruments and devices to be utilized in field and laboratory
analyses are properly maintained and calibrated in accordance with the
Consultant's QAP.
H. Provide the City of Chula Vista with all original data, reports, records, etc. of
field and laboratory analyses, as well as certified copies of all calibration and
maintenance records on an annual basis. Further, the Consultant shall maintain
copies of all records related to field and laboratory testing performed under the
contract for a minimum of five years from the date of the sample,
measurement, report, etc. This period may be extended during the course of
any unresolved litigation or when requested by the City of Chula Vista.
I. Billing forms and procedures used shall be acceptable to the City and shall include all test
results reports billed during that period.
8. Scope onVork and Schedule:
A. Detailed Scope of Work:
I. Materials Testing
The Consultant shall perform the required materials, soils, sampling, and inspection in
accordance with test methods and standards established by the American Society for
Testing and Materials (ASTM), the State of California Department of Transportation
(CaITrans), and the Environmental Protection Agency (EPA), as specified by the City
Engineer. Subject to the provisions of section 11 below, the work shall be paid for on an
hourly and unit price per test basis, which shall include all costs such as testing, reports,
report review, storing of specimens, and test cylinders, as listed in the fee schedule (Exhibit B)
II. Geotechnical Engineering
Consultant shall provide Geotechnical Engineering services for City projects
during earthwork construction operations that the City Engineer determines are necessary to
meet finished grades shown on the plans and cross-sections. Consultant shall provide
geotechnical engineering observation during site preparation for placement of fill and
construction of subdrains. Consultant shall make recommendations regarding the removal
of unsuitable material for fills and methods of compaction based on previous geotechnical
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investigations and Consultant's observations. For test results that failed, Consultant shall provide
analysis of the failure and a recommendation of possible solutions in the signed and stamped
report. On test that passed, Consultant shall state so in the signed and stamped report provided to
the City. Said reports shall include the appropriate specification next to the test results.
Consultant's services will be on an as-needed basis. Subject to the provisions in section 11
below, payment shall be on an hourly and unit paid per test basis for each City.
III. Building Special Inspection
The Consultant shall perform the required Building Special Inspection services
inspection as directed by the City of Chula Vista in accordance with test methods and
standards established by. the American Society for Testing and Materials (ASTM), IBC-
2007, the State of California Department of Transportation (CalTrans), and the
Environmental Protection Agency (EP A), as specified by the City Engineer. The work
shall be paid for on an hourly and unit price per test basis. Subject to the provision in section
11 below, the price per test shall include all associated costs such as testing, reports, report
review, storing of specimens, and test cylinders, as listed in the fee schedule (Exhibit B)
IV. Accounting and Billings
Consultant shall provide separate invoices for each City project identified.
Every invoice will list all work performed on project. Invoice shall show total amount billed
to date for project, payments received, and amount due. All work elements shall be
itemized, i.e. tests performed, personnel charges/hours, equipment costs, etc. All re-test shall be
identified and explained on the invoice. City shall be billed within four (4) weeks of work
performance and shall include all test results reports billed during that period.
Consultant shall only be paid for work done at the request of the City. If additional work is
requested by others, Consultant shall obtain a verbal authorization from the City. In addition, the
Consultant shall include on respective invoice the following documentation for said additional
work: l)who requested the work, 2)who approved the work, 3)date of work, 4)who performed
the work and 5)Time in and out. 6)total of exact hours worked
The Consultant shall forfeit and will not receive payment for work performed and billed to
City more than sixty (60) calendar days after performance of work.
V. Personnel
Mr. David Wilson P.E. shall serve as Project Manager and single point of
contact for the City. The City shall reserve the right of refusing personnel assigned to a
proj ect by the Consultant.
VI. Reports
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Consultant shall provide City with written reports on test results within 3-
working days after completion oftest results. Test results are to be faxed to FAX number
directed by the City as soon as final test results are available.
VII. 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.
IX. 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 ofproviding 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 B to this agreement between the City and
Consultant.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery ofDeliverables:
Deliverable No.1:
Deliverable No.2:
Deliverable No.3:
Deliverable No.4:
D. Date for completion of all Consultant services: December 31,2011. City has the option to
extend this agreement for up to two additional years. Said extension shall be by mutual
agreement between City and Consultant with outgoing through the City's Consultant selection
process as outlined in the City's Municipal Code. The City Contract Administrator shall give
notice of election to extend this agreement by sending notice by letter to Consultant not later than
three months prior to expiration ofthe term.
9. Materials Required to be Supplied by City to Consultant:
None
10. Compensation:
A. ( ) Single Fixed Fee Arrangement.
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For performance of all of the Defined Services by Consultant as herein required, City shall
pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set
forth below:
Single Fixed Fee Amount:
, payable as follows:
Milestone or Event or Deliverable
Amount or Percent of Fixed Fee
( ) 1. Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereunder shall be considered as interest
free loans that must be returned to the City if the Phase is not satisfactorily
completed. If the Phase is satisfactorily completed, the City shall receive credit
against the compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at the end of
the phase, the full retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the City, or
such other person as the City Manager shall designate, but only upon such proof
demanded by the City that has been provided, but in no event shall such interim
advance payment be made unless the Contractor shall have represented in writing that
said percentage of completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert this agreement to
a time and materials basis of payment.
B. ( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined Services by Consultant as are
separately identified below, City shall pay the fixed fee associated with each phase of Services,
in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not
commence Services under any Phase, and shall not be entitled to the compensation for a Phase,
unless City shall have issued a notice to proceed to Consultant as to said Phase.
Phase
1.
Fee for Said Phase
.,
.J.
$
$
$
2.
( ) 1. Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereunder shall be considered as interest
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free loans that must be returned to the City ifthe Phase is not satisfactorily
completed. If the Phase is satisfactorily completed, the City shall receive credit
against the compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at the end of
the phase, the full retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the City, or
such other person as the City Manager shall designate, but only upon such proof
demanded by the City that has been provided, but in no event shall such interim
advance payment be made unless the Contractor shall have represented in writing that
said percentage of completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert this agreement to
a time and materials basis of payment.
C. (X) Hourly Rate Arrangement.
For performance of the Defined Services by Consultant as herein required, City shall pay
Consultant for the productive hours of time spent by Consultant in the performance of said
Services, at the rates or amounts set forth in the Rate Schedule herein below according to the
following terms and conditions:
(1) 0 Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant will perform all of
the Defined Services herein required of Consultant for $
including all Materials, and other "reimbursables" ("Maximum Compensation").
(2) (X) Limitation without Further Authorization on Time and Materials Arrangement
At such time as Consultant shall have incurred time and materials equal to $500,000
("Authorization Limit"), Consultant shall not be entitled to any additional compensation
without further authorization issued in writing and approved by the City. Nothing herein
shall preclude Consultant from providing additional Services at Consultant's own cost
and expense. See Exhibit B for wage rates.
( ) Hourly rates may increase by 6% for services rendered after [month], 20_, if delay
in providing services is caused by City.
11. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the performance of services
herein required, City shall pay Consultant at the rates or amounts set forth below:
o . None, the compensation includes all costs.
Cost or Rate
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() Reports, not to exceed $
() Copies, not to exceed $
() Travel, not to exceed $
() Printing, not to exceed $
() Postage, not to exceed $
() Delivery, not to exceed $
(x) Outside Services:
. (x) Other Actual Identifiable Direct Costs:
, not to exceed $
, not to exceed $
$
$
$
$
$
$
Cost Plus 15%
Cost Plus 15%
$
$
12. Contract Administrators:
City: Roberto Yano, Sr. Civil Engineer
Public Services Building
476 Fourth Ave.
Chula Vista, CA 91910
Telephone: (619) 476-2402
Fax: (619) 691-5171
Consultant:
MACTEC Engineering and Consulting, Inc.
9177 Sky Park Court
San Diego, CA 92123
Phone: 858-278-3600
Fax: 858-495-1941
13. Liquidated Damages Rate:
( ) $
( ) Other:
per day.
14. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest
Code:
(X) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
( ) Category No.1. Investments and sources of income.
( ) Category No.2. Interests in real property.
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( ) Category No.3. Investments, interest in real property and sources of income subject
to the regulatory, permit or licensing authority of the department. .
( ) Category No. 4. Investments in business entities and sources of income that engage in
land development, construction or the acquisition or sale ofreal property.
( ) Category No. 5. Investments in business entities and sources of income of the type
which, within the past two years, have contracted with the City of Chula Vista
(Redevelopment Agency) to provide services, supplies; materials, machinery or
equipment.
( ) Category No.6. Investments in business entities and sources of income of the type
which, within the past two years, have contracted with the designated employee's
department to provide services, supplies, materials, machinery or equipment.
( ) Category No.7. Business positions.
( ) List "Consultant Associates" interests in real property within 2 radial miles of Project
Property, if any:
15. ( ) Consultant is Real Estate Broker and/or Salesman
16. Permitted Subconsultants: None
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1. Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
(X) Monthly
( ) Quarterly
( ) Other:
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
(X) End of the Month
( ) Other:
C. City's Account Number:
2. Security for Performance
( ) Performance Bond; $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
( ) Retention. If this space is checked, then notwithstanding other provisions to the contrary
requiring the payment of compensation to the Consultant sooner, the City shall be entitled
to retain, at their option, either the following "Retention Percentage" or "Retention
Amount" until the City determines that the Retention Release Event, listed below, has
occurred:
( ) Retention Percentage:
( ) Retention Amount: $
%
Retention Release Event:
( ) Completion of All Consultant Services
( ) Other:
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THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORNI BY THE CITY
ATTORL'WY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROV BY
THE CITY CO CIL
I
(,
Dated:
J;; &; k>!
I j /
Agreement between the City of Chula Vista and
NOVA Engineering & Environmental, LLC,
to conduct on call Geotechnical, Storm Water Monitoring, Materials Testing
and Special Inspection Consulting Services
11-69
J
Parties and Recital Page(s)
Agreement between
City of Chula Vista
and
NOVA Engineering & Environmental, LLC,
To conduct on call Geotechnical, Storm Water Monitoring, Materials Testing And Special
Inspection Consulting Services
This agreement (" Agreement"), dated 03 - I ~ - (:)., for the purposes of reference
only, and effective as of the date last executed unless another date is otherwise specified in.
Exhibit A, Paragraph I, is between the City-related entity as is indicated on Exhibit A,
Paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, Paragraph 3, and
the entity indicated on the attached Exhibit A, Paragraph 4, as Consultant, whose business form
is set forth on Exhibit A, Paragraph 5, and whose place of business and telephone numbers are
set forth on Exhibit A, Paragraph 6 ("Consultant"), and is made with reference to the following.
facts :
Recitals
WlIEREAS, the Ci1:Y has a Capital Improvement Program ("Crp") for various projects
located in the City, and,
WlIEREAS, the City has the need for on call Geotechnical, Storm Water Monitoring,
Materials Testing And Special Inspection Consulting Services during said ClF projects' design and
construction phases; and,
WHEREAS, A Request for Proposal ("RFP") was issued with a due date of January 13,
2009; and,
WHEREAS, on said date, the City of Chula Vista received eight (8) proposals from
firms interested in providing said consultant services; and,
WHEREAS, after the City completed their review of the proposals for all eight firms, the
City selected NOVA Engineering & Environmental, LLC, as one of four Consultant to provide
the services necessary; and,
WHEREAS, NOVA Engineering & Environmental, LLC, as an on call consultant, prior
to commencing work on a particular CIP project ("Project") on which the City desires its
services, shall be issued a task order; and
vVHEREAS, Consultant warrants and represents that they are experiencea and staffed in
a manner such that they are and can deliver the services required of Consultant to City within the
time frames herein provided all in accordance with the terms and conditions of this Agreement;
(End of Recitals. Next Page starts Obligatory Provisions.)
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NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually
agree as follows:
All of the Recitals above are hereby incorporated into this Agreement.
ARTICLE 1. CONSULTANT'S OBLIGATIONS
A. General
1. General Duties. Consultant shall perform all of the services described on the attached
Exhibit A, Paragraph 7, entitled "General Duties".
2. Scope of Work and Schedule. In the process of performing and delivering said "General
Duties", Consultant shall also perform all of the services described in Exhibit A,
Paragraph 8, entitled '~Scope of Work and Schedule", not inconsistent with the General
Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and
deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the
time frames set forth therein, time being of the essence of this Agreement. The General
Duties and the work and deliverables required in the Scope of Work and Schedule shall
be herein referred to as the "Defined Services". Failure to complete the Defined Services
by the times indicated does not, except at the option of the City, terminate this
Agreement.
1. /(educlions In Scope 0/ /Yod: City may independently, or upon request from
Consultant, from time to time, reduce the Defined Services to be performed by the
Consultant under this Agreement. Upon doing so, City and Consultant agree to meet
in good faith and confer for the purpose of negotiating a corresponding reduction in
the compensation associated with said reduction.
11. Ada/llonal Se/'J/ices. In addition to performing the Defined Services herein set forth,
City may require Consultant to perform additional consulting services related to the
Defined Services ("Additional Services"), and upon doing so in writing, ifthey are
within the scope of services offered by Consultant, Consultant shall perform same on
a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A,
Paragraph IO(C), unless a separate fixed fee is otherwise agreed upon. All
compensation for Additional Services shall be paid monthly as billed.
3. Task Orders. Consultant shall not commence work on a Project unless and until the City
has issued a written "Task Order" for that Project. No costs incurred on a Project prior to
the issuance of a Task Order shall be recoverable by Consultant under this Agreement.
4. Standard of Care. The Consultant expressly warrants that the work to be performed
pursuant to this Agreement, whether Defined Services or Additional Services, and the
Task Orders shall be performed in accordance I,vith the standard of care ordinarily
exercised by members of the profession currently practicing under similar conditions and
in similar locations.
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1. #0 Iraiver o/SlaJldard o/Care. 'iVThere approval by City. or other agencies as may be
applicable is required, it is understood to be conceptual approval only and does not
relieve the Consultant of responsibility for complying wim 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.
B. Appli~ation of Laws. Should a federal or state law pre-empt a local law, or regulation, the
Consultant must comply with the federal or state law and implementing regulations. No
provision of the Agreement requires the Consultant to observe or enforce compliance with
any provision, perform any other act, or do any omer thing in contravention of federal, state,
territorial, or local law, regulation, or ordinance. If compliance with any provision of the
Agreement violates or would require the Consultam to violate any law, the Consultant agrees
to notify City immediately in writing. Should this occur, the City and the Consultant agree
that they will make appropriate arrangements to proceed with or, if necessary, terminate the
Project, or portions thereof, expeditiously.
1. Subcontractors. Consultant agrees to take appropriate measures necessary to ensure that
all Project participants, such as subcontractors, comply with all applicable laws,
regulations, ordinances, and policies, whether federal, state, or local, affecting
performance of the Defined Services for a Project. In addition, if a subcontractor is
expected to fulfill any responsibilities of the Consultant under this Agreement, the
Consultant shall assure that the subcontractor carries out the Consultant's responsibilities
as set forth in this Agreement.
C. Insurance
I. General. Consultant must procure and maintain, during the period of performance of this
Agreement, policies of insurance from insurance companies to protect against claims for
injuries to persons or damages to property that may arise from or in connection with the
performance of the work under the Agreement and the results of that work by the
Consultant, his agents, representatives, employees or subcontractors and provide
documentation of same prior to commencement of work.
2. Minimum Scope ofInsurance. Coverage must be at least as broad as:
I. CGL. Insurance Services Office Commercial General Liability coverage (occurrence
Form CGOOOl).
11 Auto. Insurance Services Office Form Number CA 000 I covering Automobile
Liability, Code I (any auto).
Ill. Ire. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
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IV. Ed-o. Professional Liability or Errors & Omissions Liability insurance appropriate to
the Consultant's profession. Architects' and Engineers' coverage is to be endorsed to
include contractual liability. .
3. Minimum Limits of Insurance. Contractor must maintain limits no less than those
included in the table below:
i. General Liability: $1,000,000 per oc.currence for bodily injury, personal injury,
(Including (including death), and property damage. If Commercial General
operations, Liability insurance with a general aggregate limit is used, either
products and the general aggregate limit must apply separately to this
completed projecUlocation or the general aggregate limit must be twice the
operations, as required occurrence limit.
applicable)
ii. Automobile $1,000,000 per accident for bodily injury, including death, and
Liability: property damage.
iii. Workers' Statutory
Compensation $1,000,000 each accident
Employer's $1,000,000 disease-policy limit
Liability: $1,000,000 disease-each employee
iv. Professional $1,000,000 each occurrence
Liability or Errors $2,000,000 policy aggregate
& Omissions
Liability:
4. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must
be declared to and approved by the City. At the option of the City, either the insurer will
reduce or eliminate such deductibles or self-insured retentions as they pertain to the City,
its officers, officials, employees and volunteers; or the Consultant will provide a financial
guarantee satisfactory to the City guaranteeing payment of losses and related
investigations, claim administration, and defense expenses.
5. Other Insurance Provisions. The general liability, automobile liability, and where
appropriate, the worker's compensation policies are to contain, or be endorsed to comain,
the following provisions:
1. Adcliliol1a1./l7sZlTem. City of Chula Vista, its officers, officials, employees, agents,
and volunteers are to be named as additional insureds with respect all policies of
insurance, inc luding those with respect to liability arising out of automobiles owned,
leased, hired or borrowed by or on behalf of the Consultant, where applicable, and,
with respect to liability arising out of work or operations performed by or on behalf of
the Consultant, including providing materials, parts or equipment furnished in
connection with such work or operations. The general liability additional insured
coverage must be provided in the form of an endorsement to the contractor's
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insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement
must not exclude Products/Completed Operations coverage.
ll. .l'rimary msurallce. The Consultant's General Liability insurance coverage must be
primary insurance as it pertains to the City, its officers, officials, employees, agents,
and volunteers. Any insurance or self-insurance maintained by the City, i!s officers,
officials, employees, or volunteers is wholly separate from the insurance of the
contractor and in no way relieves the contractor from its responsibility to provide
msurance.
iii. CallcellatiOll. The insurance policies required must be endorsed to state that coverage
will not be canceled by either party, except after thirty (30) days' prior written notice
to the City by certified mail, return receipt requested.
IV. Active Hegbgence. Coverage shall not extend to any indemnity coverage for the
active negligence of the additional insureds in any case where an agreement to
indemnify the additional insured would be invalid under Subdivision (b) of Section
2782 of the Civil Code.
v. ff.'alver ifSuorogatiol1. Consultant's insurer will provide a Waiver of Subrogation in
favor of the City for each required policy providing coverage for the term required by
this Agreement.
6. Claims Forms. If General Liability, Pollution and/or Asbestos Pollution Liability and/or
Errors & Omissions coverage are written on a claims-made form:
1. J?etro vote. The "Retro Date" must be shown, and must be before the date of the
contract or the beginning of the contract work.
II. Afali1tel1al1ce and Evidence. Insurance must be maintained and evidence of insurance
must be provided for at least five (5) years after completion of the contract work.
Ill. Cancellation. If coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a "Retro Date" prior to the contract effective date, the
Consultant must purchase "extended reporting" coverage for a minimum of five (5)
years after completion of contract work.
IV. CO.-OleS. A copy of the claims reporting requirements must be submitted to the City
for review.
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7. Acceptability of Insurers. Insurance is to be placed with licensed insurers admitted to
transact business in the State of California with a current A.M. Best's rarina of no less
o
than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the
State of California List of Eligible Surplus Lines Insurers ("LESLI") with a current A.M.
Best's rating of no less than A X. Exception may be made for the State Compensation
Fund when not specifically rated.
8. Verification of Coverage. Consultant shall furnish the City with original certificates and
amendatory endorsements affecting coverage required by Section C. The endorsements
should be on insurance industry forms, provided those endorsements or policies conform
to the contract requirements. All certificates and endorsements are to be received and
approved by the City before work commences. The City reserves the right to require, at
any time, complete, certified copies of all required insurance policies, including
endorsements evidencing the coverage required by these specifications.
9. Subcontractors. Consultants must include all subconsultants as insureds under its policies
or furnish separate certificates and endorsements for eachsubconsultant. All coverage for
subconsultants is subject to all of the requirements included in these specifications.
10. Not a Limitation of Other Obligations. Insurance provisions under this Article shall not
be construed to limit the Consultant's obligations under this Agreement, including
Indemnity.
D. Security for Performance
1. Performance Bond. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide a Performance Bond (indicated by a check mark in the
parenthetical space immediately preceding the subparagraph entitled "Performance
Bond"), then Consultant shall provide to the City a performance bond in the fonn
prescribed by the City and by such sureties which are authorized to transact such business
in the State of California, listed as approved by the United States Department of Treasury
Circular 570, htto:llwww.fms.treas.gov/c570, and whose underwriting limitation is
sufficient to issue bonds in the amount required by the agreement, and which also satisfy
the requirements stated in Section 995.660 of the Code of Civil Procedure, except as
. provided otherwise by laws or regulations. All bonds signed by an agent must be
accompanied by a certified copy of such agent's authority to act. Surety companies must
be duly licensed or authorized in the jurisdiction in which the Project is located to issue
bonds for the limits so required. Form must be satisfactory to the Risk Manager or City
Attorney which amount is indicated in the space adjacent to the term, "Performance
Bond", in said Exhibit A, Paragraph 18.
2. Letter of Credit. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical
space immediately preceding the subparagraph entitled "Letter of Credit"), then
Consultant shall provide to the City an irrevocable letter of credit callable by the City at
their unfettered discretion by submitting to the bank a letter, signed by the City Manager,
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stating that the Consultant is in breach of the terms of this Agreement. The letter of
credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk
Manager or City Attorney which amount is indicated in the space adjacent to the term,
"Letter of Credit", in said Exhibit A, Paragraph 18.
3. Other Security. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide security other than a Performance Bond or a Letter of Credit
(indicated by a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Other Security"), then Consultant shall provide to the City such
other security therein listed in a form and amount satisfactory to the Risk Manager or
City Attorney.
E. Business License. Consultant agrees to obtain a business license from the City and to
otherwise comply with Title 5 of the Chula Vista Municipal Code.
ARTICLE II. CITY OBLIGATIONS
A. Consultation and Cooperation. City shall regularly consult the Consultant for the purpose
of reviewing the progress of the Defined Services and Schedule therein contained for each
Task Order, and to provide direction and guidance to achieve the objectives of this
Agreement and the Task Order. The City shall permit access to its office facilities, files and
records by Consultant throughout the term of the agreement. In addition thereto, City agrees
to provide the information, data, items and materials set forth. on Exhibit A, Paragraph 9, and
with the further understanding that delay in the provision of these materials beyond
thirty (30) days after authorization to proceed; shall constitute a basis for the justifiable delay
in the Consultant's performance of this agreement.
B. Compensation.
I. Following Receipt of Billing. Upon receipt of a properly prepared billing from
Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 17, but
in no event more frequently than monthly, on the day of the period indicated in Exhibit
A, Paragraph 17, City shall compensate Consultant for all services rendered by
Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 10,
adjacent to the governing compensation relationship indicated by a "checkrnark" next to
the appropriate arrangement, subject to the requirements for retention set forth in
Paragraph 18 of Exhibit A, and shall compensate Consultant for out of pocket expenses
as provided in Exhibit A, Paragraph II.
2. Supporting Information. . Any billing submitted by Consultant shall contain sufficient
information as to the propriety of the billing, including properly executed payrolls, time
records, invoices, contracts, or vouchers describing in detail the nature of the charges to
the Project in order to permit the City to evaluate that the amount due and payable
thereunder is proper, and such billing shall specifically contain the City's account number
indicated on Exhibit A, Paragraph l7(C) to be charged upon making such payment.
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3. Exclusions. In determining the amount of the compensation City will exclude any cost 1)
incurred prior to the effective date of this Agreement; 2) arising out of or related to the
errors, omissions, negligence or acts of willful misconduct of the Consultant, its agents,
employees, or subcontractors. .
1. Errors and Omissions. In the event that the City Administrator determines that the
Consultants' negligence, errors, or omissions in the performance of work under this
Agreement has resulted in expense to City greater than would have resulted if there
were no such negligence, errors, omissions, Consultant shall reimburse City for any
additional expenses incurred by the City. Nothing herein is intended to limit City's
rights under other provisions of this agreement.
4. Pavment Not Final Approval. The Consultant understands and agrees that payment to the
Consultant for any Project cost does not constitute a City final decision about whether
that cost is allowable and eligible for payment under the Project and does not constitute a
waiver of any violation of Consultant of the terms of the Agreement. The Consultant
ack.'lOwledges that City will not make a final determination about the eligibility of any
cost until the final payment has been made on the Project or the results of an audit of the
Project requested by the City has been completed, whichever occurs latest. If City
determines that the Consultant is not entitled to receive any portion of the compensation
due or paid, City will notify the Consultant in writing, stating its reasons. The Consultant
agrees that Project closeout will not alter the Consultant's responsibility to return any
funds due City as a result of later refunds, corrections, or other similar transactions; nor
will Project closeout alter the right of City to disallow costs and recover funds provided
for the Project on the basis of a later audit or other review.
1. Consul/anI S Obllgalion 10 Fq:v. Upon notification to the Consultant that specific
amounts are owed to City, whether for excess payments or disallowed costs, the
Consultant agrees to remit to City promptly the amounts owed, including applicable
interest.
ARTICLE III. ETHICS
A. Financial Interests of Consultant
1. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A,
Paragraph 14, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the
purposes of the Political Reform Act conflict of interest and disclosure provisions, and
shall report economic interests to the City Clerk on the required Statement of Economic
Interests in such reporting categories as are specified in Paragraph 14 of Exhibit A, or if
none are specified, then as determined by the City Attorney.
2. No Participation in Decision. Regardless of whether Consultant is designated as an FPPC
Filer, Consultant shall not make, or participate in making or in any way attempt to use
Consultant's position to influence a governmental decision in which Consultant knows or
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has reason to know Consultant has a financial interest other than the compensation
promised by this Agreement.
3. Search to Determine Economic Interests. Regardless of whether Consultant is designated
as an FPPC Filer, Consultant warrants and represents that Consultant has diligently
conducted a search and inventory of Consultant's economic interests, as the term is used
in the regulations promulgated by the Fair Political Practices Commission, and has
determined that Consultant does not, to the best of Consultant's knowledge, have an
economic interest which would conflict with Consultant's duties under this agreement.
4. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is
designated as an FPPC Filer, Consultant further warrants and represents that Consultant
will not acquire, obtain, or assume an economic interest during the term of this
Agreement which would constitute a conflict of interest as prohibited by the Fair Political
Practices Act.
5. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated
as an FPPC Filer, Consultant further warrants and represents that Consultant will
immediately advise the City Attorney of City if Consultant learns of an economic interest
of Consultant's that may result in a conflict of interest for the purpose of the Fair Political
Practices Act, and regulations promulgated thereunder.
6. Specific Warranties Against Economic Interests. Consultant warrants, represents and
agrees:
1. That neither Consultant, nor Consultant's immediate family members, nor
Consultant's employees or agents ("Consultant Associates") presently. have any
interest, directly or indirectly, whatsoever in any property which may be the subject
matter of the Defined Services, or in any property within 2 radial miles from the
exterior boundaries of any property which may be the subject matter of the Defined
,Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 14.
11. That no' promise of future employment, remuneration, consideration, gratuity or other
reward or gain has been made to Consultant or Consultant Associates in connection
with Consultant's performance of this Agreement. Consultant promises to advise City
of any such promise that may be made during the Term of this Agreement, or for
twelve months thereafter.
iii. That Consultant Associates shall not acquire any such Prohibited Interest within the
Term of this Agreement, or for hvelve months after the expiration of this Agreement,
except with the ",Titten permission of City.
IV. That Consultant may not conduct or solicit any business for any party to this
Agreement, or for any'third party that may be in conflict with Consultant's
responsibilities under this Agreement, except with the written permission of City.
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N. LlQUIDA TED DANfAGES
A. Application of Section. The provisions of this section apply if a Liquidated Damages Rate
is provided in Exhibit A, Paragraph 13.
1. Estimating Damages. It is acknowledged by both parties that time is of the essence in the
completion of this Agreement. It is difficult to estimate the amount of damages resulting
from delay in performance. The parties have used their judgment to arrive at a reasonable
amount to compensate for delay.
2. Amount of Penal tv. Failure to complete the Defined Services within the allotted time
period specified in this Agreement shall result in the following penalty: For each
consecutive calendar day in excess of the time specified for the completion of the
respective work assignment or Deliverable, the Consultant shall pay to the City, or have
withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A,
Paragraph 13 ("Liquidated Damages Rate").
3. Request for Extension of Time. If the performance of any act required of Consultant is
directly prevented or delayed by reason of strikes, lockouts, labor disputes, unusual
governmental delays, acts of God, fire, floods, epidemics, freight embargoes, or other
causes beyond the reasonable control of the Consultant, as determined by the City,
Consultant shall be excused from performing that act for the period of time equal to the
period of time ofthe prevention or delay. In the event Consultant claims the existence of
such a delay, the Consultant shall notify the City's Contract Administrator, or designee, in
writing of that fact within ten (l0) calendar days after the beginning of any such claimed
delay. Extensions of time will not be granted for delays to minor portions of work unless
it can be shown that such delays did or will delay the progress of the work.
ARTICLE V. INDEiYfNIFICA TION
A. Defense, Indemnity, and Hold Harmless.
1. General Reauirement. Except for liability for Professional Services covered under
Article V, Section (A)(2), Consultant shall defend, indemnify, protect and hold harmless
thoe City, its elected and appointed officers and employees, from and against any and all
claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in
law or equity, to property or persons, including wrongful death, in any manner arising out
of or incident to any alleged acts, omissions, negligence, or willful misconduct of
Consultant, its officials, officers, employees, agents, and contractors, arising ollt of or in
connection with the performance of the Detlned Services or this Agreement. This
indemnity provision does not include any claims, damages, liability, costs and expenses
(including without limitations, anomeys fees) arising from the sole negligence or sole
willful misconduct of the City, its officers, employees. Also covered is liability arising
from, connected with, caused by or claimed to be caused by the active or passive
negligent acts or omissions of the City, its agents, officers, or employees which may be in
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combination with the active or passive negligent acts or omissions of the Consultant, its
employees, agents or officers, or any third party.
2. Professional Services. For those professionals who are required to be licensed by the
state (e.g. architects, landscape architects, surveyors and engineers) ("Design
Professionals"), Desigri Professionals shall defend, indemnify and hold the City, its
officials, officers, employees, volunteers, and agents free and harmless from any and all
claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in
law or equity, to property or persons, including wrongful death, in any manner arising out
of, pertaining to, or relating to any negligence, errors. or omissions, recklessness; or .
willful misconduct of Design Professional, its officials, officers, employees, agents;
consultants, and contractors arising out of or in connection with the performance of the
Design Professional's Services. Also covered is liability arising from, connected with,
caused by, or claimed to be caused by the active or passive negligent acts or omissions of
the City, its agents, officers, or employees which may be in combination with the active
or passive negligent acts or omissions of the. pesign Professional, its employees, agents
or officers, or any third party. The Design Professional's duty to indemnify, protect and
hold harmless shall not include anyclaims or liabilities arising from the sole negligence
or sole willful misconduct of the City, its agents, officers or employees. This sectioQ. in
no way alters, affects or modifies theDesign Professional's obligation and duties under
this Agreement.
3. Costs of Defense and Award. Included in the obligations in Sections 1 and 2, above, is
the Consultant's obligation to defend, at Consultant's own cost, expense and risk, any and
all aforesaid suits, actions or other legal proceedings of every kind that may be brought or
instituted against the City, its directors, officials, officers, employees, agents and/or
volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be
rendered against City or its directors, officials, officers, employees, agents and/or
volunteers, for any \lnd all legal expense and cost incurred by each of them in connection
therewith.
4. Insurance Proceeds. Consultant's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the City, its directors, officials, officers,
employees, agents, and/or volunteers.
5. Declarations. Consultant's obligations under Article V shall not be limited by any prior
or subsequent declaration by the Consultant.
6. Enforcement Costs. Consultant agrees to pay any and all costs City incurs enforcing the
indemnity and defense provisions set forth in Article V.
7. Survival. Consultant's obligations under Article V shall survive the termination of this
Agreement.
ARTICLE VI. TERivfINATION OF AGREEMENT
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A. Termination for Cause. If, through any cause, Consultant shall fail to fulfill in a timely and
proper manner Consultant's obligations under this Agreement, or if Consultant shall violate
any of the covenants, agreements or stipulations of this Agreement, City shall have the right
to terminate this Agreement by giving written notice to Consultant of such termination and
specifying the effective date thereof at least five (5) days before the effective date of such
termination. In that event, all finished or unfinished documents, data, studies, surveys,
drawings, maps, reports and other materials prepared by Consultant shall, at the option of the
City, become the property of the City, and Consultant shall be entitled to receive just and
equitable compensation, in an amount not to exceed that payable under this Agreement and
less any damages caused City by Consultant's breach, for any work satisfactorily completed
on such documents and other materials up to the effective date of Notice of Termination,.
B. Termination of Agreement for Convenience of City. City may terminate this Agreement
at any time and for any reason, by giving specific written notice to Consultant of such
termination and specifying the effective date thereof, at least thirty (30) days before the
effective date of such termination. In that event, all finished and un[mished documents and
other materials described hereinabove shall, at the option ofthe City, become City's sole and
exclusive property. If the Agreement is terminated by City as provided in this paragraph,
Consultant shall be entitled to receive just and equitable compensation, in an amount not to
exceed that payable under this Agreement, for any satisfactory work completed on such
documents and other materials to the effective date of such termination. Consultant hereby
expressly waives any and all claims for damages or compensation arising under this
Agreement except as set forth herein.
ARTICLE VII. RECORD RETENTION AND ACCESS
A. Record Retention. During the course of the Project and for three (3) years following
completion, the Consultant agrees and to maintain, intact and readily accessible, all data,
documents, reports, records, contracts, and supporting materials relating to the Project as City
may require.
B. Access to Records of Consultant and Subcontractors. The Consultant agrees to permit,
and require its subcontractors to permit City or its authorized representatives, upon request,
to inspect all Project work, materials, payrolls, and other data, and to audit the books,
records, and accounts of the Contractor and its subcontractors pertaining to the Project.
C. Project Closeout. The Consultant agrees that Project closeout does not alter the reporting
and record retention requirements of this Agreement.
ARTICLE VIII. PROJECT COiYfPLETION, AUDIT, AND CLOSEOUT
A. Project Completion. Within ninety (90) calendar days following Project completion or
termination by CITY, the Consultant agrees to submit a final certification of Project expenses
and audit reports, as applicable.
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B. Audit of Consultants. The Consultant agrees to have performed financial and compliance
audits the City may require. The Consultant also agrees to obtain any other audits required
by City. The Consultant agrees that Project closeout will not alter the Consultant's audit
responsibilities. Audit costs are allowable Project costs.
C. Project Closeout. Project closeout occurs when City notifies the Consultant that City has
closed the Project, and either forvvards the final payment or acknowledges that the Consultant.
has remitted the proper refund. The Consultant agrees that Project closeout by City does not
invalidate any continuing requirements imposed by the Agreement or any unmet
requirements set forth in a written notification from.C ity
ARTICLE VIII. MISCELLANEOUS PROVISIONS
A. Assignability. The services of Consultant are personal to the City, and Consultant shall not
assign any interest in this Agreement, and shaH not transfer any interest in the same (whether
by assignment or notation), without prior written consent of City.
1. Limited Consent. City hereby consents to the assignment of the portions of the Defiried
Services identified in Exhibit A, Paragraph 16 to the subconsultants identified thereat as
"Permitted Subconsultants",
B. Ownership, Publication, Reproduction and Use of Material. All reports, studies,
information, data, statistics, forms, designs, plans, procedures, systems and any other
materials or properties produced under this Agreement shall be the sole and exclusive
property of City. No such materials or properties produced in whole or in part under this
Agreement shall be subject to private use, copyrights or patent rights by Consultant in the
United States or in any other country ,vithout the express "Titten consent of City. City shaH
have unrestricted authority to pU,blish, disclose (except as may be limited by the provisions of
the Public Records Act), distribute, and othervvise use, copyright or patent, in whole or in
part, any such reports, studies, data, statistics, forms or other materials or properties produced
under this Agreement.
C. Independent Contractor. City is interested only in the results obtained and Consultant shall
perform as an independent contractor with sole control of the manner and means of
performing the services required under this Agreement. City maintains the right only to
reject or accept Consultant's work products. Consultant and any of the Consultant's agents,
employees or representatives are, for all purposes under this Agreement, independent
contractors and shall not be deemed to be employees of City, and none of them shaH be
entitled to any benefits to which City employees are entitled including but not limited to,
overtime, retirement benefits, worker's compensation benefits, injury leave or other leave
benefits. Therefore, City will not withhold state or federal income tax, social security tax or
any other payroH tax, and Consultant shaH be solely responsible for the payment of same and
shaH hold the City hamiless with regard thereto.
1. Actions on Behalf of City, Except as City may specify in ,vriting, Grantee shaH have no
authority, express or implied, to act on behalf of City in any capacity whatsoever, as an
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agent or otherwise. Grantee shall have no authority, express or implied, to bind City or
its members, agents, or employees, to any obligation whatsoever, unless expressly
provided in this Agreement.
2. No Oblig:ations to Third Parties. In connection with the Project, the Consultant agrees
and shall require that it's agents, employees, subcontractors agree that the City shall not
be responsible for any obligations or liabilities to any third party, including its agents,
employees, subcontractors, or other person or entity that is not a party to this Agreement.
Notwithstanding that the City may have concurred in or approved any solicitation,
subagreement, or third party contract at any tier, neither City shall have any obligations
or liabilities to such other party.
D. Administrative Claims Requirements and Procedures. No suit or arbitration shall be
brought arising out of this agreement, against the City unle~s a claim has first been presented
in writing and filed with the City and acted upon by the City in accordance with the
procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from
time to time be amended, the provisions of which are incorporated by this reference as if
fully set forth herein, and such policies and procedures used by the City in the
implementation of same. Upon request by City, Consultant shall meet and confer in good
faith with City for the purpose of resolving any dispute over the terms of this Agreement.
E. Administration of Contract. Each party designates the individuals ("Contract
Administrators") indicated on Exhibit A, Paragraph 12, as said party's contract administrator
who is authorized by said party to represent them in the routine administration of this
agreement.
F. Term. This Agreement shall terminate when the Parties have complied with all executory
provisions hereof.
G. Attorney's Fees. Should a dispute arising out of this Agreement result in litigation, it is
agreed that the prevailing party shall be entitled to a judgment against the other for an
amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party"
shall be deemed to be the party who is awarded substantially the relief sought.
H. Statement of Costs. In the event that Consultant prepares a report or document, or
participates in the preparation of a report or document in performing the Defined Services,
Consultant shall include, or cause the inclusion of, in said report or document, a statement of
the numbers and cost in dollar amounts of all contracts and subcontracfs relating to the
preparation of the report or document.
1. Consultant is Real Estate Broker and/or Salesman. If the box on Exhibit A, Paragraph 15
is marked, the Consultant and/or their principals is/are licensed with the State of California or
some other state as a licensed real estate broker or salesperson. Otherwise, Consultant
represents that neither Consultant, nor their principals are licensed real estate brokers or
salespersons.
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J. Notices. All notices, demands or requests provided for or permitted to be given pursuant to
this Agreement must be in writing. All notices, demands and requests to be sent to any party
shall be deemed to have been properly given or served if personally served or deposited in
the United States mail, addressed to such party, postage prepaid, registered or certified, with
return receipt requested, at the addresses identified herein as the places of business for each
of the designated parties. . .
K. Integration. This Agreement, together with any other. written document referred to or
contemplated herein, embody the entire Agreement and understanding between the parties
relating to the subject matter hereof. Neither this Agreement nor any provision hereof may
be amended, modified, waived or discharged except by an instrument in wTiting executed by
the party against which enforcement of such amendment, waiver or discharge is sought.
L. Capacity of Parties. Each signatory and party hereto hereby warrants and represents to the
other party that it has legal authority and capacity and direction frorn.its principal to enter
into this Agreement, and that all resolutions or other actions have been taken so as to enable
it to enter into this Agreement.
M. Governing LawNenue. This 'Agreement shall be governed by and construed in accordance
with the laws of the State of California. Any action arising under or relating to this
Agreement shall be brought only in the federal or state courts located in San Diego County,
State of California, and if applicable, the City of Chula Vista, or as close thereto as possible.
Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista.
(End of page. Next page is signature page.)
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Signature Page
to
Agreement between
City of Chula Vista and
NOV A Engineering & Environmental, LLC,
To conduct on call Geotechnical, Storm Water Monitoring, Materials Testing And Special
Inspection Consulting Services
IN WITNESS WHEREOF, City and NOVA Engineering & Environmental, LLC have
executed this Agreement thereby indicating that they have read and understood same, and
indicate their full and complete consent to its terms:
Dated:
City ofChulil Vista
By:
Cheryl Cox, Mayor
Attest:
Donna Norris, City Clerk
Approved as to form:
Bart Miesfeld, City Attorney
Dated:
NOVA Engineering &. Environmental,
LLC,
By,-r<<9 ~,~
Z' ., " ,~'f, .v,g. /'I7AR.1< BARol'!
?rincIj7a1 Dy:1 I
By: ,t1rT4-. ~~.o PR.i~q~{L
[Name of Person, Title]
Exhibit List to Agreement (X)
Exhibit A.
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Exhibit A
to
Agreement between
City of Chula Vista
and
NOVA Engineering & Environmental, LLC,
To conduct on call Geotechnical, Storm Water Monitoring, Materials Testing And Special
Inspection Consulting Services
1. Effective Date of Agreement: Same as final City signature on page 15 of this agreement.
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation of the State of California
( ) Redevelopment Agency of the City ofChula Vista, a political subdivision' of the State of
California '
) Industrial Development Authority of the City of ChuJa Vista, a
( ) Other:'
, a [insert business form]
("City")
3. Place of Business for City:
City ofChula Vista
276 Fourth Avenue
Chula Vista, CA 91910
4. Consultant:
NOVA Engineering & Environmental, LLC
4373 Viewridge Avenue, Suite B
San Diego, California 92123
5. Business Form of Consultant:
( ) So Ie Proprietorship
( ) Partnership
(X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
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ph: 858-292-7575 fax: 858-292-7570
cell: 760~533-4805
7. General Duties:
Consultant shall provide Geotechnical, Storm Water Monitoring, Materials Testing And Special
Inspection Consulting Services at the direction and to the satisfaction of the City Engineer at
construction sites and facilities designated by the City of Chula Vista.
The Consultant shall provide:
A. Materials testing laboratory facilities staffed with personnel qualified to
perform sampling arid testing of portland cement concrete, soils, treated
soils, crushed aggregate base, bituminous materials, and other building materials,as
required.
The materials testing laboratory'must have a documented Quality Assurance
Program (QAP) in conformance with Chapter 16 of the CAL TRAL"'lS Local
Assistance Procedures Manual. The Consultant shall also provide a copy of the
QAP on a yearly basis.
B. Geotechnical/soil engineering services for City-funded projects during
earthwork construction operations, including geotechnical/soils engineering
observations during site preparation for placement of fill and construction of
sub-drainage systems.
C. Personnel that are experienced in the testing of materials used in the
construction of public works facilities and familiar with the San Diego Area
Regional Standard Drawings, the Green Book and IBC-2007. The City shall have the
right to make a determination as to the qualifications of individual personnel and shalI
have the right to require substitution of non-qualified individuals with qualified personnel
at any time. Personal assigned to City Of Chula Vista projects shalI obtain approval from
the City on an annual basis.
The Consultant's QAP must include procedures and policies in which
personnel are certified to perform the materials testing and sampling
requested by City.
D. Materials Testing, Geotechnical and Building Special Inspection
Consulting Services in response to the City's request at the times and locations as
determined by the City Engineer. The City shall make requests for services with 24 hours
notice.
E. A documented internal laboratory QAP for all required laboratory
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analyses and procedures. All reference standards and equipment calibrations shall be
traceable to the National Institute of Standards and Technology.
F. Assurances that all samples are logged and traceable in personal, lab, times, tesrs, results
and disposal.
G. Assurances that all instruments and devices to be utilized in field and laboratory
analyses are properly maintained and calibrated in accordance with the
Consultant's Qi\.P.
H. Provide the City of Chu!a Vista wirh all original data, reports, records, etc. of
field and laboratory analyses, as well as certified copies of all calibration and
maintenance records on an annual basis. Further, the Consultant shall maintain
copies of all records related to field and laboratory testing performed under the
contract for a minimum of. five years from the date of the sample,
measurement, report, etc. This period may be extended during the course of
any unresolved litigation or when requested by the City of Chula Vista.
1. Billing forms and procedures used shall be acceptable to the City and shall include all test
results reports billed during that period. .
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
1. Materials Testing
The Consultant shall perform the required materials, soils, sampling, and inspection in
accordance with test methods and standards established by the American Society for
Testing and Materials (ASTM), the State of California Department of Transportation
(CaITrans), and the Environmental Protection Agency (EPA), as specified by the City
Engineer. Subject to the provisions of section II below, the work shall be paid for on an
hourly and unit price per test basis, which shall include all costs such as testing, reports,
report review, storing of specimens, and test cylinders, as listed in the fee schedule (Exhibit B)
II. Geotechnical Engineering
Consultant shall provide Geotechnical Engineering services for City projects
during earthwork construction operations that the City Engineer determines are necessary to
meet finished grades shown on the plans and cross-sections. Consultant shall provide
geotechnical engineering observation during site preparation for placement offill and
. construction of subdrains. Consultant shall make recommendations regarding the removal
of unsuitable material for fills and methods of compaction based on previous geotechnical
Page 19
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investigations and Consultant's observations. For test results that failed, Consultant shall provide
analysis of the failure and a recommendation of possible solutions in the signed and stamped
report. On test that passed, Consultant shall state so in the signed and stamped report provided to
the City. Said reports shall include the appropriate specification next to the test results.
Consultant's services will be on an as-needed basis. Subject to the provisions in section II
below, payment shall be on an hourly and unit paid per test basis for each City.
III. Building Special Inspection
The Consultant shall perform the required Building Special Inspection services
inspection as directed by the City of Chula Vista in accordance with test methods and
standards established by the American Society for Testing and Materials (ASTM), mc-
2007, the State of California Department of. Transportation (CaITrans), and the
Environmental Protection Agency (EPA), as specified by the City Engineer. The work
shall be paid for on an hourly and unit price per test basis. Subject to the provision in section
II below, the price per test shall include all associated costs such as testing, reports, report
review, storing of specimens, and test cylinders, as listed in the fee schedule (Exhibit B)
IV. Accounting and Billings
Consultant shall provide separate invoices for each City project identified.
Every invoice will list all work performed on project. Invoice shall show total amount billed
to date for project, payments received, and amount due. All work elements shall be
itemized, i.e. tests performed, personnel charges/hours, equipment costs, etc. All re-test shall be
identified and explained on the invoice. City shall be billed within four (4) weeks of work
performance and shall include all test results reports billed during that period.
Consultant shall only be paid for work done at the request of the City. If additional work is
requested by others, Consultant shall obtain a verbal authorization from the City. In addition, the
Consultant shall include on respective invoice the following documentation for said additional
work: I)who requested the work, 2)who approved the work, 3)date of work, 4)who performed
the work and 5)Time in and out. 6)total of exact hours worked
The Consultant shall forfeit and will not receive payment for work performed and billed to
City more than sixty (60) calendar days after performance of work.
V. Personnel
wlr. Dan J. Barnett, P .E. shall serve as Project Manager and single point of
contact for the City. The City shall reserve the right of refusing personnel assigned to a
project by the Consultant.
VI. Reports
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Consultant shall provide City with written reports on test results within 3-
working days after completion oftest results. Test results are to be faxed to FAX number
directed by the City as soon as final test results are available.
VII. 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 approveq in writing by
City Engineer.
IX. 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 B to this agreement between the City and
Consultant.
B.Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No. I:
Deliverable No.2:
Deliverable No.3:
Deliverable No.4:
D. Date for completion of all Consultant services: December 31,2011. City has the option to
extend this agreement for up to two additional years. Said extension shall be by mutual
agreement between City and Consultant with out going through the City's Consultant selection
process as outlined in the City's Municipal Code. The City Contract Administrator shall give
notice of election to extend this agreement by sending notice by letter to Consultant not later than
three months prior to expiration of the term.
9. Materials Required to be Supplied by City to Consultant:
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None
10. Compensation;
A. ( ) Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant as herein required, City shall
pay a single fixed fee. in the amounts and at the times or milestones or for the Detiverables set
forth below:
Single Fixed Fee Amount:
, payable as follows:
Milestone or Event or Deliverable
Amount or Percent of Fixed Fee
) 1. Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a: percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereunder shall be considered as interest
free loans that must be returned to the City if the Phase is not satisfactorily
completed. If the Phase is satisfactorily completed, the City shall receive credit
against the compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at the end of
the phase, the full retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the City, or
such other person as the City Manager shall designate, but only upon such proof
demanded by the City that has been provided, but in no event shall such interim
advance payment be made unless the Contractor shall have represented in writing that
said percentage of completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert this agreement to
a time and materials basis of payment.
B. ( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined Services by Consultant as are
separately identified below, City shall pay the fixed fee associated with each phase of Services,
in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not
commence Services under any Phase, and shall not be entitled to the compensation for a Phase,
unless City shall have issued a notice to proceed to Consultant as to said Phase.
Phase
1.
Fee for Said Phase
2.
$
$
$
'"'
.J.
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( ) 1. Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereunder shall be considered as interest
free loans that must be returned to the City if the Phase is not satisfactorily
completed. If the Phase is satisfactorily completed, the City shall receive credit
against the compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at the end of
the phase, the full retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the City, or
such other person as the City Manager shall designate, but only upon such proof
demanded by the City that has been provided, but in no event shall such interim
advance payment be made unless the Contractor shall have represented in writing that
said percentage of completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert this agreement to
a time and materials basis of payment. .
C. (X) Hourly Rate Arrangement
For performance of the Defined Services by Consultant as herein required, City shall pay
Consultant for the productive hours of time spent by Consultant in the performance of said
Services, at the rates or amounts set forth in the Rate Schedule herein below according to the
following terms and conditions:
(1) 0 Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant will perform all of
the Defined Services herein required of Consultant for $
including all Materials, and other "reimbursables" ("Maximum Compensation").
(2) (X) Limitation without Further Authorization on Time and Materials Arrangement
At such time as Consultant shall have incurred time and materials equal to $500,000
("Authorization Limit"), Consultant shall not be entitled to any additional compensation
without further authorization issued in writing and approved by the City. Nothing herein
shall preclude Consultant from providing additional SerVices at Consultant's own cost
and expense. See Exhibit B for wage rates.
( )Hourly rates may increase by 6% for services rendered after [month], 20~, if delay
in providing services is caused by City.
11. Materials Reimbursement Arrangement
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For the cost of out of pocket expenses incurred by Consultant in the performance of services
herein required, City shall pay Consultant at the rates or amounts set forth below:
o None, the compensation includes all costs.
Cost or Rate
$
$
$
$
$
$
Cost Plus 15%
Cost Plus 15%
$
$
() Reports, not to exceed $
() Copies, not to exceed $
() Travel, not to exceed $
() Printing, not to exceed $
() Postage, not to exceed $
() Delivery, not to exceed $
(x) Outside Services:
(x) Other Actual Identifiable Direct Costs:
, not to exceed $
, not to exceed $
12. Contract Administrators:
City: Roberto Yano, Sr. Civil Engineer
Public Services Building
476 Fourth Ave.
Chula Vista, CA 91910
Telephone: (619) 476-2402
Fax: (619) 691-5171
Consultant:
Dan J. Barnett, ~
NOVA Engineering & Environmental, LLC
4373 Viewridge Avenue, Suite B
San Diego, California 92123
ph: 858-292-7575 fax: 858-292-7570
cell: 760-533-4805
13. Liquidated Damages Rate:
( ) $
( ) Other:
per day.
14. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest
Code:
Page 24
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(X) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
( ) Category No.1. Investments and sources of income.
( ) Category No.2. Interests in real property.
( ) Category No.3. Investments, interest in real property and sources of income subject
to the regulatory, permit or licensing authority of the department.
( ) Category No.4. Investments in business entities and sources of income that engage in
land development, construction or the acquisition or sale of real property.
( ) Category No.5. Investments in business entities and sources of income of the type
which, within the past two years, have contracted with the City of Chula Vista
(Redevelopment Agency) to provide services, supplies, materials, machinery or
equipment.
( ) Category No.6. Investments in business entities and sources of income of the type
which, within the past two years, have contracted with the designated employee's
departmentto provide services, supplies, materials, machinery or equipment.
( ) Category No.7. Business positions.
( ) List "Consultant Associates" interests in real property within 2 radial miles of Project
Property, if any:
15. ( ) Consultant is Real Estate Broker and/or Salesman
16. Permitted Subconsultants: None
Page 25
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1. Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
ex) Monthly
( ) Quarterly
( ) Other:
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
(X) End of the Month
( ) Other:
C. City's Account Number: "T>""'"
;;'.~'<: ?~ r,,;"_::Y:::'..; .
2. Security for Performance
( ) Performance Bond, $.
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
( ) Retention. If this space is checked, then notwithstanding other provisions to the contrary
requiring the payment of compensation to the Consultant sooner, the City shall be entitled
to retain, at their option, either the following "Retention Percentage" or "Retention
Amount" until the City determines that the Retention Release Event, listed below, has
occurred:
( ) Retention Percentage:
( ) Retention Amount: $
%
Retention Release Event:
( ) Completion of All Consultant Services
( ) Other:
Page 26
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'NOYA
ENGl.....U::ERING AND
ENVIRONMENTAL
A12. CURRENT SCHEDULE OF FEES, INCLUDING PERSONNEL HOURLY RATES,
EQUIPMENT RATES, AND MATERIALS TESTING UNIT RATES
2008 Standard Rates for Professional and Technical Services
NON - "Prevailing Wage"
,'. R.8'f~:i[(J!iai:~1:aW
,',' .
" ~~te1 c~St'P\1f ~i*
$145.00
$125.00
$110.00
$95.00
,; ',.:;ooi ~.. .
Principal
Senior Engineer / Geologist
Praject Engineer / Geologist
Staff Engineer / Geologist
$55.00'
$60.00'
$50.00'
$75.00'
$ 10.00/ hour
$ 25.00/ hour
$ 90.00/ hour
:'
'. " ' " ..
$70.00
$50.00
$50.00
$0.65
$30.00
Special Inspector: Concrete, Steel, Masonry, Pre-Stressed Cone., Fireproofing
Concrete Batch Plant Inspector
NOT Inspector (Ultrasonic Testing)
~'~9M1P2f~~;~$~r~i,~B~1~~~';;";f{;;.:i~t"t:~;.~;;,'
Vehicle with Mobile Laboratory (Includes sand cone density equipment,
nuclear density g3uge, concrete air meter and slump cone)
Pachometer - Reinforcing Steel
Caring Equipment Rental (4 hour minimum)
':f~~~~Z~~&~\t?,t~;!C;"'X,:
Draftsperson (CAD)
Word Processing / Secretarial
Pick-up / Delivery within San Diego County (per trip)
Vehicle Mileage (if greater that 30 miles from OEM's affice)
Express Mail/Courier Delivery (minimum)
The Scheduie of Charges ("Schedule") Is not based upon any Prevailing Wage Determination or prevailing wage requirement
under any federal or state law. In the event that it is determined by any federal, state or local agency, or any appropriate
judicial ar administrative body, that any of the services performed by NOVA Engineering and Environmental, LLC for its client's
project are subject to the provisions of the California Prevailing Wage Law (Cal. Lab. Code 9 1770 et seq.,] ("Code") and that
NOVA Engineering and Environmental, LLC Is required to pay a specified prevailing wage rate for all or any portian of such
services, client agrees to pay the applicable w~ge rate differential for any past and future services, being defined as the
additional amount that is paid to each applicable employee in order to comply with the Code, in addition to an amount af mark-
up on the applicable wage rate differential which is equal to the same mark-up upon which the originally-billed wage rate was
calculated.
REQUEST FOR PROPOSAL:
Geotechnical. Storm Water Monitoring, Materials Testing &
Special Inspection Consulting Services
52
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NOYA
ENGrNE=:R1NG AND
EI'fVIRONMENTAL.
laboratorv Testing ASTM I Caltrans Fee
Soil and Aggregate, Primary Testing
Compaction Curve, Modified, 6" D 1557 $160.00
Compaction Curve, Modified, 4" D 1557 $145.00
Compaction Curve, Standard 6" D 698 I $150.00
Compaction Curve, Standard 4" D 698 $135.00
Compaction Check Point $ 75.00
California Impact CT -216 $195.00
Oversize Rock Correction D 4718 $50.00
Sieve Analysis, with Wash C 136, CT-202 $110.00
Sieve Analysis, coarse, w/o wash C 136, CT-202 $60.00
Sieve Analysis, fine with Hydrometer D 422, CT-203 $190.00
11200 Sieve Wash D 1140 I $60.00
Specific Gravity and Absorption, Coarse C 127, CT-206 $50.00
Specific Gravity and Absorption, Fine I C 128, CT-207 $60.00
Unit Weight and Voids in Aggregate C 29, CT-212 $50.00
Moisture Content D 2216 $20.00
Moisture Content and Dry Density D 2937 $30.00
Atterberg Limits: Pl, LL, PI D 4318, CT-204 $100.00
Atterberg Limits - NP I D 4318, CT-204 S60.00
Sand Equivalent, Average of three D 2418, CT-217 $100.00
Sand Equivalent D 2418 $60.00
Durability Index, Coarse D 3744, CT-229 $100.00
Durability Index, Fine D 3744, CT-229 I $75.00
Cleaness Value CT-227 $95.00
Los Angeles Abrasion (L.A. Rattler) C131/C535, CT-211 $160.00
Soil, Secondary Testing
Expansion Index D 4829, USC 29-2 $130.00
R-Value I D 2844, CT-301 S200.00
Consolidation, per point D 2435 $SO.OO
Direct Shear, UU, CD, CU I D 3080 $275.00
Sulfate and Chloride Content $70.00
PH and Resistivity CT 643 I $125.00
Unconfined Compression D 2166 $100.00
Asphalt Concrete
Hveem Stability and Unit Weight I D 1560, CT-366 $130.00
Maximum Theoretical Specific Gravity (Rice) D 2041 $80.00
Percent Asphalt - Ignition Oven, no gradation D 6307, CT 382 $80.00
Percent Asphalt with Gradation (ignition oven) D 6307, CT 382 $170.00
Unit Weight Only (compacted sample or core) I D 2726/ D 1188, CT 308 I $2S.00 I
Unit Weight Requiring Compaction I D 2726, CT-304/308 $90.00
Asphalt Mix Design I AA5HTO, Caltrans, Request
Asphalt Mix Design Review I $125.00
REQUEST FOR PROPOSAL:
Geotechnical, Storm Water Monitoring, Materials Testing &
Special Inspection Consulting Services
53
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NOYA
e:NGI.'lE~~tNG AND
ENVIRONMENTAL
Concrete and Masonry
Concrete Cylinder Compression Test (4x8, 6x11) I C39,a521 $10.00
Compression Test, Mortar, Grout C 780/ C 1019 $25.00
Compression Test, High-strength grout I C 1107 I $35.00
Compression Test, Core (includes sample prep) I C 42 $35.00
Compression Test, ltwt Concrete (insulating, fill) C495 $45.00
Compression Test, Shotcrete Panel, set of 3 cores C 42 $225.00
Flexural Strength, 6x6 beam I C 78 / C 293 $60.00
Unit Weight Fresh Concrete C 138, a-518 $40.00
Unit Weight, Ughtweight Concrete C 567 $65.00
Concrete Trial Batch and / or Mix Design Request
Concrete Mix Design Review $125.00
Petrographic Analysis . I Request
Composite Prism Masonry Unit - Compression . E 447, UBC 21-7 $95.00
Compression Test, Block I C 140 $55.00
Compression Test, Brick C 67 $40.00
Absorption, Unit Weight, and Moisture, Masonry I C 140 $80.00
lineal Shrinkage, Masonry Block C 426 $130.00
Masonry Conformance (abso~ption. unit weight, shrinkage. compressive C 90 $475.00
strength) .
Steel and Fireproofing
Bolt-Nut-Washer Conformance Testing F 606 I $105.00
Bolt-Nut-Washer, Hardness Only F 606 $75.00
Reinforcing Steel, Tensile Test, < No.8 bar A 370 $45.00
Reinforcing Steel, Tensile Test, 11 to 18 bar A370 $75.00
Reinforcing Steel, Bend Test, 11 bar or smaller I A 370 $55.00
Fireproofing - Density Test (template/displacement) I E 605 $50.00
Miscellaneous Terms and Other Excenses
1. OVERTIME AND MINIMUM CHARGES. Overtime Is charged at time-and-a-half in the iollowing instances: work hours
outside oi the 6:30 am to 4:30 pm time window, work in excess oi eight hours per day, work in excess of forty hours per
week. Double time will be charged for work in excess of 12 hours in one day, or on working holidays. .
24-hour notice is required for testing and inspection ser'lices.
There will be a ~No-hour minimum charge for unscheduled cancellations (show-up time). A two-hour minimum is charged
for field inspection and testing seNices. Time in excess af four hours but less than eight hours will be charged in one-hour
increments. Overtime rates will be charged in half-hour increments.
Field ser'lices will be charged on a portal-to-portal basis that includes 30 minutes of travel to/from our laboratory to/irom
the jobsite located anywhere in Chula Vista.
REQUEST FOR PROPOSAL:
Geotechnical, Storm Water Monitoring, Materials Testing &
Special Inspection Consulting Services
54
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..-.......
NPYA
E:NG1NE:E:'~IN'G A"NO
ENVIRONMENTAl..
Storm Water Monitoring - Nolte Associates, Inc. 2009 Charge Rates Schedule
Office:
Technical Services
Engineering Aid e/Plann ing Aid e ... .......... ...................... .................. ................:............................. ........ ...... $70.aO/hour
Project Assistant ......... ...... ....... ... ....... ... ..... .......... ... ...... ......... .... ..... ....... ...... ..... ...... ....... ..... ..... ,.... ..... ... ...... $96.00/hour
Project Ad min istrator ............ ..... ..... ......................................... .................. .................. ........... ........ ......... $120.aO/hour
CADD Tech nician I....... ..................................... .................. .......~..... ........... ...................... .............. ........... $105.aO/hou r
CADD Technician II............ ............... ........ ................................................................................................. $130.aO/hour
CADD Techn ician III... ......... .............................. ....... ........................................................... ....... .......... ...... $136.aO/hou r
Senior CADD Tech n ician/Designer........ .................. ...... .................. ....... ........................ ........... ....... ......... $145.aO/h our
Design Supervisor... ......... ..... .......... ............ ..,..... ............ ................ ................:............ .............. ..... .......... $170.aOjhou r
Professional
Jun ior Engi n eer/Pla nner /5u rveyor ............. ........ .............................................. ................... ..... ........... ..... $125.aOjhou r
Assistant Engi neer /Plan ner /5urveyor... .................. ........... ............ ....... ............................. ....... .... ............ $145.aO/hou r
Associate Engin eer /Plan n er /5u rveyor ................ ...... ..... ...................... ....................... .... .................... ...... $165.aO/h our
Senior Engi neer /Plan n er /5urveyo r............. .............. ...................... ................................................... ....... $176.aO/hour
Ma nager .................................... ............................................ ...... ..... .......... ....................... ........... ............ $199 .aO/h our
Structu ra I Engineer.. ................ ............................ ..................... .............................................. ..... ............. $176.aO/hou r
Associate..... .......... .............................................. ............... ....................... ............................... .......... ....... $221.aO/hour
Princi pa I ................................................................... .............. ..... .................. ....................................... ..... $ 255 .aO/hour
Field:
Construction Management
Junior Fi eld Engineer ............ ........................ ........... ........ ............................. ................ ............................. $1l8.aO/h our
Assista nt Field Engin eer............ .................. ............ ....... .................................... .................. ..................... $140.aO/houi
Associate Field Engineer............. .................................................................... .......................................... $152.aO/h our
5en ior Fi el d Engi neer ............. ......... ........................... .......... .......... ...................................................... ..... $159 .aO/h our
Construct! on Man ager................................. ........... ..................................... ....................................... ...... $174.aO/hour
REQUEST FOR PROPOSAL:
Geotechnical, Storm Water Monitoring, Materials Testing &
Special Inspection Consulting Services
55
11-99
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NPYA
E:NGtNE;Ei=tING AND
ENVIRONt'-1ENTAl-
Expenses:
Other Expenses -Including Subconsultants & Purchased Services through Subcontracts 1.15 x Cost
Storm Water Sampling
SI ngle Episode Sample Collection ........ ......... ................................................................. ................. ......... ....... $1,200.00
Addition al Sample Collection ................ ...... ............ ...... .... ..... ..................................... ............. ............ ....... ....... $100.00
REQUEST FOR PROPOSAL:
Geotechnical, Storm Water Monitoring, Materials Testing &
Special Inspection Consulting Services'
56
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;L0j
THE A TT ACHED AGREEiYffiNT HAS BEEN REVIEWED
AND APPROVED AS TO FOR1\1 BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORL\lIA.LL Y SIGNED UPON APPROV ~BY
THE-CITY COUNCIuJ
VJI
Dated:
0/0/(;;
j I
Agreement between the City of Chula Vista and
Southern California Soil & Testing, Inc.
to conduct on call Geotechnical, Storm Water Monitoring, Materials Testing
and Special Inspection Consulting Services
11-101
Parties and Recital Page(s}
Agreement between
City of Chula Vista
and
Southern California Soil & Testing, Inc.
6280 Riverdale Street
San Diego, CA 92120
To conduct on call Geotechnical, Storm Water Monitoring, Materials Testing And Special
Inspection Consulting Services
This agreement ("Agreement"), dated for the purposes of reference
only, and effective as of the date last executed unless another date is otherwise specified in
Exhibit A, Paragraph 1, is between the City-related entity as is indicated on Exhibit A,
Paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, Paragraph 3, and
the entity indicated on the attached Exhibit A, Paragraph 4, as Consultant, whose business form
is set forth on Exhibit A, Paragraph 5, and whose place of business and telephone numbers are
set forth on Exhibit A, Paragraph 6 ("Consultant"), and is made with reference to the folloWing
facts:
Recitals
WHEREAS, the City has a Capital Improvement Program ("CIP") for various projects
located in the City, and,
WHEREAS, the City has the need for on call Geotechnical, Storm Water Monitoring,
Materials Testing And Special Inspection Consulting Services during said CIP projects' design and
construction phases; and,
'VHEREAS, A Request for Proposal ("RFP") was issued with a due date of January 13,
2009; and,
WHEREAS, on said date, the City of Chula Vista received eight (8) proposals from
firms interested in providing said consultant serv-ices; and,
W1fEREAS, after the City completed their review of the proposals for all eight firms, the
City selected Southern California Soils & Testing, Inc. as one of four Consulrant to provide the
services necessary; and,
WHEREAS, Southern California Soils & Testing, Inc. as an on call consultant, prior to
commencing "vork on a particular CIF project ("Project") on which the City desires its services,
shall be issued a task order; and
'''1fEREAS, Consulrant warrants and represents that they are experienced and staffed in
a manner such that they are and can deliver the services required of Consultant to City within the
time frames herein provided all in accordance with the terms and conditions of this Agreement;
(End of Recitals. Next Page starts Obligatory Provisions.)
Page 1
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NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually
agree as follows:
All of the Recitals above are hereby incorporated into this Agreement.
.ARTICLE 1. CONSULTAJ.'TT'S OBLIGATIONS
A. General
1. General Duties. Consultant shall perform all of the services described on the attached
Exhibit A, Paragraph 7, entitled "General Duties".
2. Scope of Work and Schedule. In the process of performing and delivering said "General
Duties", Consultant shall also perform all of the services described in Exhibit A,
Paragraph 8, entitled "Scope of Work and Schedule", not inconsistent with the General
Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and
deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the
time frames set forth therein, time being of the essence of this Agreement. The General
Duties and the work and deliverables required in the Scope of Work and Schedule shall
be herein referred to as the "Defined Services". Failure to complete the Defined Services
by the times indicated does not, except at the option of the City, terminate this
Agreement.
I. l?edtlctiol1S in Sco.,oe 0/ !IOrl:: City may independently, or upon request from
Consultant, from time to time, reduce the Defined Services to be performed by the
Consultant under this Agreement. Upon doing so, City and Consultant agree to meet
in good faith and confer for the purpose of negotiating a corresponding reduction in
the compensation associated "ith said reduction.
11. Additional ServICes: In addition to performing the Defined Services herein set forth,
City may require Consultant to perform additional consulting services related to the
Defined Services ("Additional Services"), and upon doing so in "vriting, if they are
within the scope of services offered by Consultant, Consultant shall perform same on
a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A,
Paragraph IO(C), unless a separate fixed fee is otherwise agreed upon. All
compensation for Additional Services shall be paid monthly as billed.
3. Task Orders. Consultant shall not commence work on a Project unless and until the City
has issued a written "Task Order" for that Project. No costs incurred on a Project prior to
the issuance of a Task Order shall be recoverable by Consultant under this Agreement.
4. Standard of Care. The Consultant expressly warrants that the work to be performed
pursuant to this Agreement, whether Defined Services or Additional Services, and the
Task Orders shall be performed in accordance with the standard of care ordinarily
exercised by members of the profession currently practicing under similar conditions and
in similar locations.
K:\ENG INEER Ilvlaterial testinglSCSTlatt. final. SC S1 .doc
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1. No fFaiver 0/ Slandard 0/ Care. Wnere approval by City or other agencies as may be
applicable 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.
B. Application of Laws. Should a federal or state law pre-empt a local law, or regulation, the
Consultant must comply with the federal or state law and implementing regulations. No
provision of the Agreement requires the Consultant to observe or enforce compliance with
any provision, perform any other act, or do any other thing in contravention of federal, state,
territorial, or local law, regulation, or ordinance. If compliance with any provision of the
Agreement violates or vvould require the Consultant to violate any law, the Consultant agrees.
to notify City immediately in writing. Should this occur, the City and the Consultant agree
that they will make appropriate arrangements to proceed with or, if necessary, terminate the
Project, or portions thereof, expeditiously.
1. Subcontractors. Consultant agrees to take appropriate measures necessary to ensure that
all Project participants, such as subcontractors, comply Vlith all applicable laws,
regulations, ordinances, and policies, whether federal, state, or local, affecting
performance of the Defmed Services for a Proj ect. In addition, if a subcontractor is
expected to fulfill any responsibilities of the Consultant under this Agreement, the
Consultant shall assure that the subcontractor carries out the Consultant's responsibilities
as set forth in this Agreement.
C. Insurance
1. General. Consultant must procure and maintain, during the period of performance of this
Agreement, policies of insurance from insurance companies to protect against claims for
injuries to persons or damages to property that may arise from or in connection with the
performance of the work under the Agreement and the results of that work by the
Consultant, his agents, representatives, employees or subcontractors and provide
documentation of same prior to commencement of work.
2. Minimum Scope of Insurance. Coverage must be at least as broad as:
1. CGL. Insurance Services Office Commercial General Liability coverage (occurrence
Form. CG0001).
11 At/to. Insurance Services Office Form Number CA 0001 covering Automobile
Liability, Code I (any auto).
Ill. fre. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
Page 3
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IV. E&:O Professional Liability or Errors & Omissions Liability insurance appropriate to
the Consultant's profession. Architects' and Engineers' coverage is to be endorsed to
include contractual liability.
3.. Minimum Limits of Insurance. Contractor must maintain limits no less than those
included in the table below:
i. General Liability: $1,000,000 per occurrence for bodily injury, personal injury,
(Including (including death), and property damage. If Commercial General
operations, Liability insurance with a general aggregate limit is used, either
products and the general aggregate limit must apply separately to this
completed project/location or the general aggregate limit must be twice the
operations, as required occurrence limit.
applicable)
ii. Automobile $1 ,000,000 per accident for bodily injury, including death, and
Liability: property damage.
iii. Workers' Statutory I
Compensation $1,000,000 each accident
Employer's $1,000,000 disease-policy limit
Liability: $1,000,000 disease-each employee
iv. Professional $1,000,000 each occurrence
Liability or Errors $2,000,000 policy aggregate
& Omissions
Liability:
4. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must
be declared to and approved by the City. At the option of the City, either the insurer will
reduce or eliminate such deductibles or self-insured retentions as they pertain to the City,
its officers, officials, employees and volunteers; or the Consultant will provide a fInancial
guarantee satisfactory to the City guaranteeing payment of losses and related
investigations, claim administration, and defense expenses.
5. Other Insurance Provisions. The general liability, automobile liability, and where
appropriate, the worker's compensation policies are to contain, or be endorsed to contain,
the following provisions:
1. Additional.lnsureds. City of Chula Vista, its officers, officials, employees, agents,
and volunteers are to be named as additional insureds with respect all policies of
insurance, including those with respect to liability arising out of automobiles owned,
leased, hired or borrowed by or on behalf of the Consultant, where applicable, and,
with respect to liability arising out of work or operations performed by or on behalf of
the Consultant, including providing materials, parts or equipment furnished in
connection with such work or operations. The general liability additional insured
coverage must be provided in the form of an endorsement to the contractor's
K:\ENG INEER\Material testing\SCSTlart- final-SCST .doc
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Page 4
insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement
must not exclude Products/Completed Operations coverage.
11. Primary ./murance. The Consultant's General Liability insurance coverage must be
primary insurance as it pertains to the City, its officers, officials, employees, agents,
and volunteers. Any insurance or self-insurance maintained by the City, its officers,
officials, employees, or volunteers is wholly separate from the insurance of the
contractor and in no way relieves the contractor from its responsibility to provide
msurance.
111. Cancellation.. The insurance policies required must be endorsed to state that coverage
will not be canceled by either party, except after thirty (30) days' prior vvritten notice
to the City by certified mail, return receipt requested.
iv. Active NeglIgence. Coverage shall not extend to any indemnity coverage for the
active negligence of the additional insureds in any case where an agreement to
indemnify the additional insured would be invalid under Subdivision (b) of Section
2782 of the CivilCode.
v. fl7aivero/Subrogation. Consultant's insurer will provide a Waiver of Subrogation in
favor of the City for each required policy providing coverage for the term required by
this Agreement.
6. Claims Forms. If General Liability, Pollution and/or Asbestos Pollution Liability and/or
Errors & Omissions coverage are written on a claims-made form:
1. l?etro Date. The "Retro Date" must be shown, and must be before the date of the
contract or the begirming of the contract work.
11. Afain/enance and EVIdence. Insurance must be maintained and evidence of insurance
must be provided for at least five (5) years after completion of the contract work.
iii. Cancellation. If coverage is canceled or non-renewed, and not replaced with <llJ.other
claims-made policy form with a "Retro Date" prior to the contract effective date, the
Consultant must purchase "extended reporting" coverage for a minimum of five (5)
years after completion of contract work.
IV. Copies. A copy of the claims reporting requirements must be submitted to the City
for review.
Page 5
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7. Acceptability of Insurers. Insurance is to be placed "With licensed insurers admitted to
transact business in the State of California "With a current A.M. Best's rating of no less.
than A V. If insurance is placed vvith a surplus lines insurer, insurer must be listed on the
State of C.alifornia List of Eligible Surplus Lines Insurers ("LESLI") "With a current A.M.
Best's rating of no less than A X. Exception may be made for the State Compensation
Fund when not specifically rated.
8. Verification of Coverage. Consultant shall furnish the City vvith original certificates and
amendatory endorsements affecting coverage required by Section C. The endorsements
should be on insurance industry forms, provided those endorsements or policies conform
to the contract requirements. All certificates and endorsements are to be received and
approved by the City before work commences. The City reserves the right to require, at
any time, complete, certified copies of all required insurance policies, including
endorsements evidencing the coverage required by these specifications.
9. Subcontractors. .Consultants must include all subconsultants as insureds under its policies
or furnish separate certificates and endorsements for each subconsultant. All coverage for
subconsultants is subject to all of the requirements included in these specifications.
I O. Not a Limitation of Other Obligations. Insurance provisions under this _Micle shall not
be construed to limit the Consultant's obligations under this Agreement, including
Indemnity.
D. Security for Performance
1. Performance Bond. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide a Performance Bond (indicated by a check mark in the
parenthetical space immediately preceding the subparagraph entitled "Performance
Bond"), then Consultant shall provide to the City a performance bond in the form
prescribed by the City and by such sureties which are authorized to transact such business
in the S tate of California, listed as approved by the United States Department of Treasury
Circular 570, htto://w\v\v.fms.treas.[w\/c570, and whose underwriting limitation is
sufficient to issue bonds in the amount required by the agreement, and which also satisfy
the requirements stated in Section 995.660 of the Code of Civil Procedure, except as
provided other"\Nise by laws or regulations. All bonds signed by an agent must be
accompanied by a certified copy of such agent's authority to act. Surety companies must
be duly licensed or authorized in the jurisdiction in which the Proj ect is located to issue
bonds for the limits so required. Form must be satisfactory to the Risk Manager or City
Attorney \vhich amount is indicated in the space adjacent to the term, "Performance
Bond", in said Exhibit A, Paragraph 18.
2. Letter of Credit. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide a Letter of Credit (iridicated by a check mark in the parenthetical
space immediately preceding the subparagraph entitled "Letter of Credit"), then
Consultant shall provide to the City an irrevocable letter of credit callable by the City at
their unfettered discretion by submitting to the bank a letter, signed by the City Manager,
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stating that the Consultant is in breach of the terms of this Agreement. The letter of
credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk
Manager or City Attorney which amount is indicated in the space adjacent to the term,
"Letter of Credit", in said Exhibit A, Paragraph 18.
3. Other Securitv. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide security other than a Performance Bond or a Letter of Credit
(indicated by a check mark in the parenthetical space immediately preceding the .
subparagraph entitled "Other Security"), then Consultant shall provide to the City such
other security therein listed in a form and amount satisfactory to the Risk Manager or
City Attorney.
E. Business License. Consultant agrees to obtain a business license from the City and to
. otherwise comply with Title 5 of the Chula Vista Municipal Code.
ARTICLE II. CITY OBLIGATIONS
A. Consultation and Cooperation. City shall regularly consult the Consultant for the purpose
of reviewing the progress of the Defmed Services and Schedule therein contained for each
Task Order, and to provide direction and guidance to achieve the objectives of this
Agreement and the Task Order. The City shall permit access to its office facilities, files and
records by Consultant throughout the term of the agreement. In addition thereto, City agrees
to provide the information, data, items and materials set forth on Exhibit A, Paragraph 9, and
with the further understanding that delay in the provision of these materials beyond
thirty (30) days after authorization to proceed, shall constitute a basis for the justifiable delay
in the Consultant's performance of this agreement.
B. Compensation.
1. Following Receipt of Billing. Upon receipt of a properly prepared billing from
Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 17, but
in no event more frequently than monthly, on the day of the period indicated in Exhibit
A, Paragraph 17, City shall compensate Consultant for all services rendered by
Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 10,
adjacent to the governing compensation relationship indicated by a "checkmark" next to
the appropriate arrangement, subject to the requirements for retention set forth in
Paragraph 18 of Exhibit A, and shall compensate Consultant for out of pocket expenses
as provided in Exhibit A, Paragraph 11.
2. Supporting Information. Any billing submitted by Consultant shall contain sufficient
information as to the propriety of the billing, including properly executed payrolls, time
records, invoices, contracts, or vouchers describing in detail the narure of the charges to
the Project in order to permit the City to evaluate that the amount due and payable
thereunder is proper, and such billing shall specifically contain the City's account number
indicated on Exhibit A, Paragraph l7(C) to be charged upon making such payment.
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3. Exclusions. In determining the amount of the compensation City will exclude any cost 1) .
incurred prior to the effective date of this Agreement; 2) arising out of or related to the
errors, omissions, negligence or acts of willful misconduct of the Consultant, its agents,
employees, or subcontractors.
1. Errors and Omissions. In the event that the City Administrator determines that the
Consultants' negligence, errors, or omissions in the performance of work under this
Agreement has resulted in expense to City greater than would have resulted if there
were no such negligence, errors, omissions, Consultant shall reimburse City for any
additional expenses incurred by the City. Nothing herein is intended to limit City's
rights under other provisions of this agreement.
4. Payment Not Final Approval. The Consultant understands and agrees that payment to the
Consultant for any Project cost does not constitute a City final decision about whether
that cost is allowable and eligible for payment under the Project and does not constitute a
waiver of any violation of Consultant of the terms of the Agreement. The Consultant
acknowledges that City ""ill not make a fInal determination about the eligibility of any
cost until the final payment has been made on the Project or the results of an audit of the
Project requested by the City has been completed, whichever occurs latest. If City
determines that the Consultant is not entitled to receive any portion of the compensation
due or paid, City will notify the Consultant in writing, stating its reasons. The Consultant
agrees that Project closeout will not alter the Consultant's responsibility to return any
funds due City as a result of later refunds, corrections, or other similar transactions; nor
will Proj ect closeout alter the right of City to disallow costs and recover funds provided
for the Project on the basis of a later audit or other review.
1. Consultant S Obligation to Pay. Upon notifIcation to the Consultant that specific
amounts are owed to City, whether for excess payments or disallowed costs, the
Consultant agrees to remit to City promptly the amounts owed, including applicable
interest.
ARTICLE III. ETHICS
A. Financial Interests of Consultant
1. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A,
Paragraph 14, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the
purposes of the Political Reform Act conflict of interest and disclosure provisions, and
shall report economic interests to the City Clerk on the required Statement of Economic
Interests in such reporting categories as are specified in Paragraph 14 of Exhibit A, or if
none are specifIed, then as determined by the City Attorney.
2. No Participation in Decision. Regardless of whether Consultant is designated as an FPPC
Filer, Consultant shall not make, ot participate in ma.l<ing or in any ;'vay attempt to use
. Consultant's position to influence a governmental decision in vvhich Consultant knows or
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has reason to know Consultant has a financial interest other than the compensation
promised by this Agreement.
3. Search to Determine Economic Interests. Regardless of whether Consultant is designated
as an FPPC Filer, Consultant warrants and represents that Consultant has diligently
conducted a search and inventory of Consultant's economic interests, as the term is used
in the regulations promulgated by the Fair Political Practices Commission, and has
determined that Consultant does not, to the best of Consultant's knowledge, have an
economic interest which would conflict with Consultant's duties under this agreement.
4. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is
designated as an FPPC Filer, Consultant further warrants and represents that Consultant
'Will not acquire, obtain, or assume an economic interest during the term of this
Agreement which would constitute a conflict of interest as prohibited by the Fair Political
Practices Act.
5. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated
as an FPPC Filer, Consultant further warrants and represents that Consultant will
immediately advise the City Attorney of City if Consultant learns of an economic interest
of Consultant's that may result in a conflict of interest for the purpose of the Fair Political
Practices Act, arid regulations promulgated thereunder.
6. Specific Warranties Against Economic Interests. Consultant warrants, represents and
agrees:
1. That neither Consultant, nor Consultant's immediate family members, nor
Consultant's employees or agents ("Consultant Associates") presently have any
interest, directly or indirectly, whatsoever in any propeny which may be the subject
matter of the Defined Services, or in any property 'Within 2 radial miles from the
exterior boundaries of any property which may be the subject matter of the Defined
Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 14.
11. That no promise of future employment, remuneration, consideration, gratuity or other
reward or gain has been made to Consultant or Consultant Associates in connection
with Consultant's performance of this Agreement. Consultant promises to advise City
of any such promise that may be made during the Term of this Agreement, or for
twelve months .thereafter.
iii. That Consultant Associates shall not acquire any such Prohibited Interest within the
Term of this Agreement, or for t\.velve months after the expiration of this Agreement,
except with the written permission of City.
IV. That Consultant may not conduct onolicit any business for any party to this
Agreement, or for any third party that may be in conflict with Consultant's
responsibilities under this Agreement, except vvith the written permission of City.
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IV. LIQUIDATED DAJ.\1...<\GES
A. Application of Section. The provisions of this section apply if a Liquidated Damages Rate
is provided in Exhibit A, Paragraph 13. .
1. Estimating Damages. It is acknowledged by both parties that time is of the essence in the
completion of this Agreement. It is difficult to estimate the amount of damages resulting
from delay in performance. The parties have used their judgment to arrive at a reasonable
amount to compensate for delay.
2. Amount of Penal tv. Failure to complete the Defined Services within the allotted time
period specified in this Agreement shall result in the following penalty: For each
consecutive calendar day in excess of the time specified for the completion of the
respective work assignment or Deliverable, the Consultant shall pay to the City, or have
V'iithheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A,
Paragraph 13 ("Liquidated Damages Rate").
3. Request for Extension of Time. If the performance of any act required of Consultant is
directly prevented or delayed by reason of strikes, lockouts, labor disputes, unusual
governmental delays, acts of God, fire, floods, epidemics, freight embargoes, or other
causes beyond the reasonable control of the Consultant, as determined by the City,
Consultant shall be excused from performing that act for the period oftime equal to the
period of time of the prevention or delay. In the event Consultant claims the existence of
such a delay, the Consultant shall notify the City's Contract Administrator, or designee, in
writing of that fact within ten (10) calendar days after the beginning of any such claimed
delay. Extensions of time will not be granted for delays to minor portions of work unless
it can be shown that such delays did or will delay the progress of the work.
ARTICLE V. fi\lTIEfv1l\fIFICATION
A. Defense, Indemnity, and Hold Harmless.
1. General Requirement. Except for liability for Professional Services covered under
Article V, Section (A)(2), Consultant shall defend, indemnify, protect and hold harmless
the City, its elected and appointed officers and employees, from and against any and all
claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in
law or equity, to property or persons, including V'iTongful 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 Defined Services or this Agreement. This
indemnity provision does not include any claims, damages, liability, costs and expenses
(including without limitations, attorneys fees) arising from the sole negligence or sole
V'iillful misconduct of the City, its officers, employees. Also covered is liability arising
from, connected \Vith, caused by or claimed to be caused by the active or passive
negligent acts or omissions of the City, its agents, officers, or employees which may be in
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combination \Vith the active or passive negligent acts or omissions of the Consultmt, its
. employees, agents or officers, or any third party.
2. Professional Services. For those professionals who are required to be licensed by the
state (e.g. architects, landscape architects, surveyors and engineers) ("Design
Professionals"), Design Professionals shall defend, indemnify and hold the City, its
officials, officers, employees, volunteers, and agents free and harmless from any.and all
claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in
law or equity, to property or persons, including \VTongful death, in any manner arising out
of, pertaining to, or relating to any negligence, errors or omissions, recklessness, or
willful misconduct of Design Professional, its officials, officers, employees, agents,
consultants, and contractors arising out of or in connection with the performance of the
Design Professional's Services. Also covered is liability arising from, connected with, .
caused by, or claimed to be caused by the active or passive negligent acts or omissions of
the City, its agents, officers, or employees which may be in combination with the active
. or passive negligent acts or omissions of the Design Professional, its employees, agents
or officers, or any third party. The Design Professional's duty to indemnify, protect and
hold harmless shall not include anY claims or liabilities arising from the sole negligence
or sole willful misconduct of the City, its agents, officers or employees. This section in
no way alters, affects or modifies the Design Professional's obligation and duties under
this Agreement.
3. Costs of Defense and Award. Included in the obligations in Sections 1 and 2, above, is
the Consultant's obligation to defend, at Consultant's ov,n cost, expense and risk, any and
all aforesaid suits, actions or other legal proceedings of every kind that may be brought or
instituted against the City, its directors, officials, officers, employees, agents and/or
volunteers. Consultant shall pay and satisfy any judgment, award ot decree that may be
rendered against City or its directors, officials, officers, employees, agents and/or
volunteers, for any and all legal expense and cost incurred by each of them in connection
therewith.
4. Insurance Proceeds. Consultant's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the City, its directors, officials, officers,
employees, agents, and/or volunteers.
5. Declarations. Consultant's obligations under Article V shall not be limited by any prior
or subsequent declaration by the Consultant.
6. Enforcement Costs. Consultant agrees to pay any and all costs City incurs enforcing the
indemnity and defense provisions set forth in Article V.
7. Survival. Consultant's obligations under Article V shall survive the termination of this.
Agreement.
ARTICLE VI. TEfuYfINATION OF AGREEJ\'lENT
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A. Termination for Cause. If, through any cause, Consultant shall fail to fulfill in a timely and
proper manner Consultant's obligations under this Agreement, or if Consultant shall violate
any of the covenants, agreements or stipulations of this Agreement, City shall have the right.
to terminate this Agreement by giving 'Written notice to Consultant of such termination and
specifying the effective date thereof at least five (5) days before the effective date of such
termination. In that event, all finished or unfinished documents, data, studies, surveys,
drawings, maps, reports and other materials prepared by Consultant shall, at the option of the
City, become the property of the City, and Consultant shall be entitled to receive just and
equitable compensation, in an amount not to exceed that payable under this Agreement and
less any damages caused City by Consultant's breach, for any work satisfactorily completed
on such documents and other materials up to the effective date of Notice of Termination,.
B. Termination of Agreement for Convenience of City. City may terminate this Agreement
at any time and for any reason, by giving specific written notice to Consultant of such
termination and specifying the effective date thereof, at least thirty (30) days before the
effective date of such termination. In that event, all finished and unfinished documents and
other materials described hereinabove shall, at the option of the City, become City's sole and
exclusive property. If the Agreement is terminated by City as provided in this paragraph,
Consultant shall be entitled to receive just and equitable compensation, in an amount not to
exceed that payable under this Agreement, for any satisfactory work completed on such
documents and other materials to the effective date of such termination. Consultant hereby
expressly waives any and all claims for damages or compensation arising under this .
Agreement except as set forth herein.
ARTICLE VII. RECORD RETENTION AND ACCESS
A. Record Retention. During the course of the Project and for three (3) years following
completion, the Consultant agrees and to maintain, intact and readily accessible, all data,
documents, reports, records, contracts, and supporting materials relating to the Project as City
may reqUIre.
B. Access to Records of Consultant and Subcontractors. The Consultant agrees to permit,
and require its subcontractors to permit City or its authorized representatives, upon request,
to inspect all Project work, materials, payrolls, and other data, and to audit the books,
records, and accounts of the Contractor and its subcontractors pertaining to the Project.
C. Project Closeout. The Consultant agrees that Project closeout does not alter the reporting
and record retention requirements of this Agreement.
ARTICLE VIII. PROJECT COMPLETION, AUDIT, AND CLOSEOUT
A. Project Completion. Within ninety (90) calendar days following Project completion or
termination by CITY, the Consultant agrees to submit a final certification of Project expenses
and audit reports, as applicable.
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B. Audit of Consultants. The Consultant agrees to have performed fmancial and compliance
audits the City may require. The Consultant also agrees to obtain any other auditsrequired
by City. The Consultant agrees that Project closeout will not alter the Consultant's audit
responsibilities. Audit costs are allowable Project costs.
C. Project Closeout. Project closeout occurs when City notifies the Consultant that City has
closed the Proj ect, and either fonvards the fmal payment or acknowledges that the Consultant
has remitted the proper refund. The Consultant agrees that Project closeout by City does not
invalidate any continuing requirements imposed by the Agreement or any unmet
requirements set forth in a written notification from City
ARTICLE VIII. MISCELLAL'\i"EOUS PROVISIONS
A. Assignability. The services of Consultant are personal to the City, and Consultant shall not
assign any interest in this Agreement, and shall not transfer any interest in the same (whether
by assignment or notation), without prior \vritten consent of City.
1. Limited Consent. City hereby consents to the assignment of the portions of the Defined
Services identified in Exhibit A, Paragraph 16 to,the subconsultants identified thereat as
"Permitted Subconsultants".
B. Ownership, Publication, Reproduction and Use of MateriaI. All reports, studies,
information, data, statistics, forms, designs, plans, procedures, systems and any other
materials or properties produced under this Agreement shall be the sole and exclusive
property of City. No such materials or properties produced in whole or in part under this
Agreement shall be subject to private use, copyrights or patent rights by Consultant in the
United States or in any other country without the express "Written consent of City. City shall
have unrestriCted authority to publish, disclose (except as may be limited by the provisions of
the Public Records Act), distribute, and othenvise use, copyright or patent, in whole or in
part, any such reports, studies, data, statistics, forri:1s or other materials or properties produced
under this Agreement.
C. Independent Contractor. City is interested only in the results obtained and Consultant shall
perform as an independent contractor with sole control of the manner and means of
performing the services required under this Agreement. City maintains the right only to
reject or accept Consultant's work products. Consultant and any of the Consultant's agents,
employees or representatives are, for all purposes under this Agreement, independent
contractors and shall not be deemed to be employees of City, and none of them shall be
entitled to any benefits to which City employees are entitled including but not limited to,
overtime, retirement benefits, worker's compensation benefits, injury leave or other leave
benefits. Therefore, City will not withhold state or federal income tax, social security ta.,< or
any other payroll ta.,<, and Consultant shall be solely responsible for the payment of same and
shall hold the City harmless with regard thereto.
1. Actions on Behalf of Cirv. Except as City may specify in writing; Grantee shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever, as an
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agent or otherwise. Grantee shall have no authority, express or implied, to bind City or
its members, agents, or employees, to any obligation whatsoever, unless expressly
provided in this Agreement.
2. No Obligations to Third Parties. In connection ""ith the Project, the Consultant agrees
and shall require that it's agents, employees, subcontractors agree that the City shall not
be responsible for any obligations or liabilities to any third party, including its agents,
employees, subcontractors, or other person or entity that is not a party to this Agreement.
Nowithstanding that the City may have concurred in or approved any solicitation,
sub agreement, or third party contract at any tier, neither City shall have any obligations
or liabilities to such other party.
D. Administrative Claims Requirements and Procedures. No suit or arbitration shall be
brought arising out of this agreement, against the City unless a claim has first been presented
in writing and filed with the City and acted upon by the City in accordance with the
procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from
time to time be amended, the provisions of which are incorporated by this reference as if
fully set forth herein, and such policies and procedures used by the City' in the
implementation of same. Upon request by City, Consultarit shall meet and confer in good
faith with City for the purpose of resolving any dispute over the terms of this Agreement.
E. Administration of Contract. Each party designates the individuals ("Contract
Administrators") indicated on Exhibit A, Paragraph 12, as said party's contract administrator
who is authorized by said party to represent them in the routine administration of this
agreement.
F. Term. This Agreement shall terminate when the Parties have complied with all executory
provisions hereof.
G. Attorney's Fees. Should a dispute arising out of this Agreement result in litigation, it is
agreed that the prevailing party shall be entitled to ajudgrnent against the other for an
amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party"
shall be deemed to be the party who is awarded substantially the relief sought.
H. Statement of Costs. In the event that Consultant prepares a report or document, or
participates in the preparation of a report or document in performing the Defined Services,
Consultant shall include, or cause the inclusion of, in said report or document, a statement of
the numbers and cost in dollar amounts of all contracts and subcontracts relating to the
preparation of the repon or document.
1. Consultant is Real Estate Broker and/or Salesman. If the box on Exhibit A, Paragraph 15
is marked, the Consultant and/or their principals is/are licensed with the State of California or
some other state as a licensed real estate broker or salesperson. Othervvise, Consultant
represents that neither Consultant, nor their principals are licensed real estate brokers or
salespersons.
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1. 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, \Vith
return receipt requested, at th~ addresses identified herein as the places of business for each
of the designated parties.
K. Integration. This Agreement, together \Vith any other written document referred to or
contemplated herein, embody the entire Agreement and understanding between the parties
relating to the subject matter hereof. Neither this Agreement nor any provision hereof may
be amended, modified, waived or discharged except by an instrument in writing executed by
the party against which enforcement of such amendment, waiver or discharge is sought.
1. Capacity of }>arties. Each signatory and party hereto hereby warrants and represents to the
other party that it has legal authority and capacity and direction from its principal to enter
into this Agreement, and that all resolutions or other actions have been taken so as to enable
it to enter into this Agreement. .
M. Governing LawN enue. This Agreement shall be governed by and construed in accordance
\Vith the laws of the State of California. Any action arising under or relating to this
Agreement shall be brought only in the federal or state courts located in San Diego County,
. State of California, and if applicable, the City of Chula Vista, or as close thereto as possible.
Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista.
(End of page. Next page is signature page.)
Page 15
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Signature Page
to
Agreement between
City of Chula Vista and
Southern California Soils & Testing, Inc.
To conduct on call Geotechnical, Storm Water Monitoring, Materials Testing And Special
Inspection Consulting Services
IN 'WITNESS WHEREOF, City and Southern California Soils & Testing, Inchave
executed this Agreement thereby indicating that they have read and understood same, and
indicate their full and complete consent to its terms:
Dated:
City of Chula Vista
By:
Cheryl Cox, Mayor
Attest:
Donna Norris, City Clerk
Approved as to form:
Bart Miesfeld, City Attorney
Dated:
Southern California Soil & Testing, Inc.
By:~
~
~
/
l
Gordon TAd. lYoodarrd, .R eE
Pice Presidellt, Principal Engineer
By:
[Name of Person, Title]
Exhibit List to Agreement (X)
Exhibit A.
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Page 16
Exhibit A
to
Agreement betw-een
City of Chula Vista
and
Southern California Soils & Testing, Inc.
To conduct on call Geotechnical, Storm Water Monitoring, Materials Testing And Special
Inspection Consulting Services
1. Effective Date of Agreement: Same as [mal City signature on page 15 of this agreement.
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation of the S tate of California
( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of
California
( ) Industrial Development Authority of the City of Chula Vista, a
( ) Other:
("City")
, a [insert business form]
3. Place of Business for City:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
4. Consultant:
Southern California Soil & Testing, Inc.
5. Business Form of Consultant:
( ) Sole Proprietorship .
( ) Partnership
(X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
t; z <?O ~ (l/l-f1../)A-~/:- 51
->AJV' ,::>/ /i'{,.. 0/ (',4 "'1)..I?C)
~("1 'Z~o '(3'l.(
(- c; 11 "Z rro 'i "'17--
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Page 17
6280 Riverdale Street
San Diego, CA 92120
619.280.4321 (0)
619.280.4717 (F)
7. General Duties:
Consultant shall provide Geotechnical, Storm Water Monitoring, Materials Testing And Special
Inspection Consulting Services at the direction and to the satisfaction of the City Engineer at
construction sites and facilities designated by the City of Chula Vista.
The Consultant shall provide:
A. Materials testing laboratory facilities staffed with personnel qualified to
perform sampling arid testing of portland cement concrete, soils, treated
soils, crushed aggregate base, bituminous materials, and other building materials, as
required.
The materials testing laboratory must have a docwnented Quality Assurance
Program (QAP) in conformance with Chapter 16 of the CAL TRANS Local
Assistance Procedures Manual. The Consultant shall also provide a copy of the
QAPon a yearly basis.
B. GeotechnicaVsoil engineering services for City-funded projects during
earthwork construction operations, including geotechnicaVsoils engineering
observations during site preparation for placement of fill and construction of
sub-drainage systems.
C. Personnel that are experienced in the testing of materials used in the
construction of public works facilities and familiar with the San Diego Area
Regional Standard Dra'Wings, the Green Book and IBC-2007. The City shall have the
right to make a determination as to the qualifications of individual personnel and shall
have the right to require substitution of non-qualified individuals with qualified personnel
at any time. Personal assigned to City Of Chula Vista projects shall obtain approval from.
the City on an annual basis.
The Consultant's QAP must include procedures and policies in which
personnel are certified to perform the materials testing and sampling
requested by City.
D. Materials Testing, Geotechnical and Building Speciallnspection
Consulting Services in response to the City's request at the times and locations as
determined by the City Engineer. The City shall make requests for services with 24 hours
notice.
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E. . A documented internal laboratory QAP for all required laboratory
analyses and procedures. All reference standards and equipment calibrations shall be
traceable to the National Institute of Standards and Technology.
F. AssUrances that all samples are logged and traceable in personal, lab, times, tests, results.
and disposal.
G. Assurances that all instruments and devices to be utilized in field and laboratory
analyses are properly maintained and calibrated in accordance '>vith the
Consultant's QAP.
H. Provide the City of Chula Vista with al~ original data, reports, records, etc. of
field and laboratory analyses, as well as certified copies of all calibration and
mainte:gance records on an annual basis. Further, the Consultant shall maintain
copies of all records. related to field and laboratory testing performed under the
contract for a minimum of five years from the date of the sample,
measurement, report, etc.. This period may be extended during the course of
any umesolved litigation or when requested by the City ofChula Vista.
I. Billing forms and procedures used shall be acceptable to the City and shall include all test
results reports billed during that period.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
I. Materials Testing
The Consultant shall perform the required materials, soils, sampling, and inspection in
accordance with test methods and standards established by the American Society for
Testing and Materials (ASThf), the State of California Department of Transportation
(CalTrans), and the Environmental. Protection Agency (EP A), as specified by the City
Engineer. Subject to the provisions of section 11 below, the work shall be paid for on an
hourly and unit price per test basis, which shall include all costs such as testing, reports,
report review, storing of specimens, and test cylinders, as listed in the fee schedule (Exhibit B)
II. Geotechnical Engineering
Consultant shall provide Geotechnical Engineering services for City projects
. during earthwork construction operations that the City Engineer determines are necessary to
meet finished grades shown on the plans and cross-sections. Consultant shall provide
geotechnical engineering observation during site preparation for placement of fill and
construction of subdrains. Consultant shall make recommendations regarding the removal
of unsuitable material for fills and methods of compaction based on previous geotechnical
Page 19
K:\ENGfJ\iEER \Material testing\SC ST\ati:- fmal-SCST .doc
11-120
investigations and Consultant's observations. For test results that failed, Consultant shall provide
analysis of the failure and a recommendation of possible solutions in the signed and stamped
report. On test that passed, Consultant shall state so in the signed and stamped report provided to
the City. Said reports shall include the appropriate specification next to the test results.
Consultant's services will be on an as-needed basis. Subject to the provisions in section 11
below, payment shall be on an hourly and unit paid per test basis for each City.
III. Building Special Inspection
The Consultant shall perform the required Building Special Inspection services
inspection as directed by the City of Chula Vista in accordance with test methods and
standards established by the American Society for Testing and Materials (ASThf), IBe-
2007, the State of California Department of Transportation (CalTrans), and the
Environmental Protection Agency (EPA), as specified by the City Engineer. The work
shall be paid for on an hourly and unit price per test basis. Subject to the provision in section
11 below, the price per test shall include all associated costs such as testing, reports, report
review, storing of specimens, and test cylinders, as listed in the fee schedule (Exhibit B)
IV. Accounting and Billings
Consultant shall pro"Vide separate invoices for each City project'identified.
Every invoice will list all work performed on project. Invoice shall show total amount billed
to date for project, payments received, and amount due. All work elements shall be
itemized, i.e. tests performed, personnel charges/hours, equipment costs, etc. All fe-test shall be
identified and explained on the invoice. City shall 5e billed within four (4) weeks of work
performance and shall include all test results reports billed during that period.
Consultant shall only be paid for work done at the request of the City. If additional work is
requested by others, Consultant shall obtain a verbal authorization from the City. In addition, the
Consultant shall include on respective invoice the following documentation for said additional
work: l)whorequested the work,2)who approved the work, 3)date of work, 4)who performed
the work and 5)Time in and out. 6)total of exact hours worked
The Consultant shall forfeit and will not receive payment for work performed and billed to
City more than sixty (60) calendar days after performance of work.
V. Personnel
Mr. Gordon T.M. Woodarrd, R.C.E shall serve as Project Manager and single point of
contact for the City. The City shall reserve the right of refusing personnel assigned to a
project by the Consultant.
VI. Reports
K:\ENGINEER \Material testing\5CSTlan- fi.nal-5C 51 .doc
11-121
Page 20
Consultant shall provide City with written reports on test results within 3- .
working days after completion of test results. Test results are to be faxed to F AX number
directed by the City as soon as final test results are available.
VII. 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 vvriting by
City Engineer.
IX. Work not listed iri. 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 B to this agreement between the City and
Consultant.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliver abIes:
Deliverable No.1:
Deliverable No.2:
Deliverable No.3:
Deliverable No.4:
D. Date for completion of all Consultant services: December 31,2011. .City has the option to
extend this agreement for up to two additional years, Said extension shall be by mutual
agreement between City and Consultant with out going through the City's Consultant selection
process as outlined in the City's Municipal Code. The City Contract Administrator shall give
notice of election to extend this a.greement by sending notice by letter to Consultant not later than
three months prior to expiration of the term.
9. Materials Required to be Supplied by City to Consultant:
None
10. Compensation:
A ( ) Single Fixed Fee Arrangement.
Page 21
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11-122
F or performance of all of the Defined Services by Consultant as herein required, City shall
pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set
forth below:
Single Fixed Fee Amount:
, payable as follows:
Milestone or Event or Deliverable
Amount or Percent of Fixed Fee
( ) 1. Interim MontWy Advances. The City shall make interim montWy advances
against the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereunder shall be considered as interest
free loans that must be returned to the City if the Phase is not satisfactorily
completed. lfthe Phase is satisfactorily completed, the City shall receive credit
against the compensation due for that phase. The retention amotmt or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at the end of
the phase, the full retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the City, or
such other person as the City Manager shall designate, but only upon such proof
demanded by the City that has been provided, but in no event shall such interim
advance payment be made unless the Contractor shall have represented in writing that
said percentage of completion of the phase has been performed by the Contractor.
The practice of making interim montWy advances shall not convert this agreement to
a time and materials basis of payment.
B. ( ) Phased Fixed Fee Arrangement.
F or the performance of each phase or portion of the Defined Services by Consultant as are
separately identified below, City shall pay the fixed fee associated with each phase of Services,
in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not
commence Services tmder any Phase, and shall not be entitled to the compensation for a Phase,
unless City shall have issued a notice to proceed to Consultant as to said Phase.
Phase
1.
Fee for Said Phase
2.
$
$
$
~
.J.
( ) 1. Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any payments made heretmder shall be considered as interest
K:\EN GINtER \tvlatenal testinglSCS T\art- final-SCST .doc
11-123
Page 22
free loans that must be returned to the City if the Phase is not satisfactorily
completed. If the Phase is satisfactorily completed, the City shall receive credit
against the compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at the end of
the phase, the full retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the City, or
such other person as the City Manager shall designate, but only upon such proof
demanded by the City that has been provided, but in no event shall such interim
advance payment be made unless the Contractor shall have represented in ',>;Titing that
said percentage of completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert this agreement to
a time and materials basis of payment.
C. (X) Hourly Rate Arrangement
For performance of the Defined Services by Consultant as herein required, City shall pay
Consultant for the productive hours of time spent by Consultant in the performance of said
~ervices, at the rates or amounts set forth in the Rate Schedule herein below according to the
following terms and conditions: .
I
(1) 0 Not-to~Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in excess of said
Ma-runum Compensation amount, Consultant agrees that Consultant will perform all of
the Defined Services herein required of Consultant for $
including all Materials, and other "reimbursables" ("Maximum Compensation").
(2) (X) Limitation without Further Authorization on Time and Materials Arrangement
At such time as Consultant shall have incurred time and materials equal to $500,000
("Authorization Limit"), Consultant shall not be entitled to any additional compensation
without further authorization issued in writing and approved by the City. Nothing herein
shall preclude Consultant from providing additional Services at Consultant's own cost
and expense. See Exhibit B for wage rates.
( ) Hourly rates may increase by 6% for serv'ices rendered after [month], 20_, if delay
in providing services is caused by City.
11. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the performance of services
herein required, City -shall pay Consultant at the rates or amounts set forth below:
o None, the compensation includes all costs.
Cost or Rate
Page 23
K: \EN G friEER \J.v{aterial testing\SC ST\att. final. SCS T _ doc
11-124
Reports, not to exceed $
Copies, not to exceed $
Travel, not to exceed $
Printing, not to exceed $
Postage, not to exceed $
Delivery, not to exceed $
Outside Services:
Other Actual Identifiable Direct Costs:
, not to exceed $
, not to exceed $
12. Contract Administrators:
I
City: Roberto Yano, Sr. Civil Engineer
Public Services Building
476 Fourth Ave. ..
Chula Vista, CA 91910
Telephone: (619) 476-2402
Fax: (619) 691-5171
Consultant:
Southern California Soil & Testing, Inc.
6280 Riverdale Street
San Diego, CA 92120
619.280.4321 (0)
619.280.4717 (F)
$
$
$
$
$
$
Cost Plus 15%
Cost Plus 15%
$
$
13.ILiquidated Damages Rate:
( ) $ per day.
Ie ) Other: . . .
14. :Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest
(Code:
(X) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
e ) Category No. 1. Investments and sources of income.
e ) Category No.2. Interests in real property..
K\E NG Il'<"EER\1vlaterial testing\SCST\att- final-SCST .doc
11-125
Page 24
( ) Category No.3. Investments, interest in real property and sources of income subject
to the regulatory, permit or licensing authority of the department.
( ) Category No.4. Investments in business entities and sources of income that engage in
land development, construction or the acquisition or sale of real property.
( ) Category No.5. Investments in business entities and sources of income of the type
which, within the past two years, have contracted with the City of Chula Vista
(Redevelopment Agency) to provide services, supplies, materials, machinery or
equipment.
( ) Category No.6. Investments in business entities and sources of income of the type
which, "ithin the past two years, have contracted "ith the designated employee's
department to provide services, supplies, materials, machinery or equipment.
( ) Category No.7. Business positions.
( ) List i'Consultant Associates" interests in real property "ithin 2 radial miles of Project
Property, if any:
15. ( ) Consultant is Real Estate Broker and/or Salesman .
16. Permitted Subconsultants: None
Page 25
K:\ENG INEER\'Vlaterial testing\SCST\att- rmal-SC ST .doc
11-126
1. Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
(X) Monthly
( ) Quarterly
( ) Other:
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
(X) End of the Month
( ) Other:
C. City's Account Number:
2. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
( ) Retention. If this space is checked, then nomithstanding other provisions to the contrary
requiring the payment of compensation to the Consultant sooner, the City shall be entitled
to retain, at their option, either the following "Retention Percentage" or "Retention
.'\mount" until the City determines that the Retention Release Event, listed below, has
occlirred:
( ) Retention Percentage:
( ) Retention Amount: $
%
Retention Release Event:
( ) Completion of All Consultant Services
( ) Other:
K:\ENG INEER \1vlaterial testing\SC ST\arr- final-SCST .doc
11-127
Page 26
A CORP.. CERTIFICATE OF LIABILITY INSURANCE I OA T8 (MMIO 01YY)
03/03/09
PROOUCER OA99520 1-519-234-6848 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Cavignac " AssociatSls ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Suite 1300 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
450 B St=eetJ ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
San Diego, CA 92101-8005 I INSURERS AFFORDING COVERAGE
INSURED INSURE.R A: 'the Travelers Indemnitv Comoany of Connect.icu~
Southe=n California Soil & Testing, Inc.
INSURER 3: Peerless Insurance Company
6280 Riverdale Streec INSURER C: James River Insurance Company
-
San Diego, c... 92120 INSURER 0:
I [,NSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEt:N ISSUED TO THE INSURED ,~AMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY R:QUIREMENT, TSRM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY ,oERTAIN. THE INSURANCE AFFORDED BY THE ,oOLlCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE T:RMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGR:GATE LIMITS SHOWN MAY HAVE BESN REDUCED BY PAID CLAIMS.
I~~!I TYPE OF INSURANCe I power NUMBER 1 p~^L.;.~y EFFeCTIVE ?~iJ.;: EXPlRA nON UMITS
A k:lERAI. I./ABII.ITY 6806686L064 12/01/08 12/01/09 EACH OCCURRENCE S 1,000,000
X COMMERCI.AL GENERAL IjA31LlTY FIRE DAMAGE (Any ~ne tlra) Sl,OOO,OOO
:=;g CLAIMS .MAOE 0 OCCUR MED EX? (Anyone person) 510,000
X IContractual Liab. PERSONAL &. ADV INJURY S 1,000,000
~seoaration of Insureds GENERAL AGGREGATE .s 2,000,000
n'L AGG:i~E LIMIT A?nS PER: PRODUCTS. COMP/O? AGG 52,000,000
POLICY X P,~T LOC Oeductible None
a ~OMOBI1.8 UABIUTY . aA8219565 12/01/08 12/01/09 COMBINED SINGLE UMIT
X ANY AUTO (Ea accident) S 1,000,000
Al.l. OWNED AUTOS 30DIL Y INJURY
R SCHEDULED AUTOS (Par person) 5
1_ HIRED AUTOS BODILY INJURY S
NON-OWNEO AUTOS . (Per accident)
-
- PROPERTY OAMAGE 5
(Per accident)
I GARAGE UABIUTY AUTO ONLY. EA ACC:OENT 1 s
l~ ANY AUTO OTHER THAN EA ACC 5
AUTO ONLY' AGG Is
I eXCESS LIABIUTY eACH OCCURRENCE: I 5
o OCCUR 0 CLAIMS MACE AGGREGATE S
5
R DEDUCT181.= 5
I RETENTION 5 15
A WORKERS COMPENSATION AND UB7302Y353 12/01/08 12/01/09 I X I ~'X~.;;T ~Ji'~ [ 101;'-1
EMPLOYERS' UABIUTY 151,000,000
E.L. EACH ACCIDENT
I E.L. CISE.~5E . :A =MPLOY=~ S 1, 000 , 000
E.L. OISEASE . ?OLlCY LIMIT I 5 1, 000 , 000
OTHER I
C Professional Liability 000028775 01/30/09 01/30/10 Each. Claim s 1,000,000
Claims made, defense Aggregate s 2,000,000
costs included wlin limit I Each Claim Oeduct. ,100,000
DESCRIPTION OF OPERATIONS/LoCATIONSNEHICLES/EXClUSIONS ADDEO BY ENDORSEMENT/SPECIAL PROVlSIONS
Re: On-Call Geotechnical, Storm Water Monitoring, Mate=ials Testing ~~d Special Inspection Consulting Se:vices. I
City of Chula Vista, its officers, officials, employes, agents aZld volunteers are additional insured primary wi th.
respect to general liability per attached and auto 1 ability included in policy form. Waiver of Subrogation applies to
auto liability included in policy fo~ and general 1 ability & wo=kera compensation per attached. I
,
CERTIFICATE HOLDER
1 Y I ADDITIONAL INSUR.ED; INSURER L5TTER: A
CANCELLATION 10 days NOC for non-;>ayment of ;>remium.
SHOULD ANY OF THE ABOVE DESCRIBED ?OUCIES BE CANCELL.ED BEFORE THE EXPlRATlON
OATE THEREOF, THE ISSUING INSURER WILL ~~MAIL ~ DAYS WRITTEN
NOTlCE TO THE CERTtFICATE HOLDER NAMED TO THE LEFT, ~~
City of Chula Vista
276 Fourth Ave.
Xll\llllI=lI~~~~x=lIllX
~~x..=xXxxxx.:acxx."{:<x:<x_=="{;{;ac<x
AUTHORIZED REPRESENTATIVE
d ~ 1 1 S;m;:..
@ ACORD CORPORATION 1988
Chu1a Vista, CA 91910
I
ACORD 25-5 (7/97) Katherine
11266529
USA
11-128
. TRAVEl-fRS
WORKERS COLYIPENSATION
AJ.~
ElYIPLOYERS LL~ILITY POLlCY
ENDORSE.M:E1'Il WC 99 03 76 (00)
POLICY l'ilJNffiER UE7852Y858
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT - CALIFOR.J.~IA
(BLA1~1(ET WAIVER)
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will
not enforce our right against the person or organization named in the Schedule.
You must maintain payroll records accurately segregating the r=uneration of your employees while
engaged in the work described in the Schedule.
The additional premium for this endors=em shall be % of the California workers' compensation
pr=ium otherwise due on such r=uneration.
Schedule
Person or Organization
Job Description
ANY PERSON OR ORGA.~IZAIION FOR NEICE TEE INSURED HAS
CO~LETED A WRITTEN AGREEMENT TO PROVIDE THIS WAIVER.
11-129
POLICY NUMBER: sSOSSSSL064
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED
(ARCHITECTS, ENGINEERS AND SURVEYORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. The following is added to WHO IS AN INSURED
(Section II):
Any person or organization that you agree in a 'contract
or agreement requiring insurance" to include as an
additional insured on this Coverage Part, but only with
respect to iiability for "bodily injury", "property damage"
or 'personal injury" caused, in whole or in part, by your
acts or omissions or the acts or omissions of those
acting on your behalf:
a. In the performance of your ongoing operations;
b. In connection with premises owned by or rented to
you; or
c. In connection with "your work" and included within
the "products-completed operations hazard".
Such person or organization. does not qualify as an
additional insured for "bodily injury", 'property dam age"
or "personal injury" for which that person or organization
has assumed liability in a contract or agreement.
The insurance provided to the additional insured is
iimited as follows:
d. This insurance does not apply on any basis to any
person or organization for which coverage as an
additional insured specificaily is added by another
endorsement to this Coverage Part.
e. This insurance does not apply to the rendering of or
failure to render any 'professional services".
f. The limits of insurance afforded to the additional
insured shall be the limits which you agreed in that
"contract or agreement requiring insurance" to
provide for that additional insured, or the limits
shown in the Declarations for this Coverage Part,
whichever. are less. This endorsem ent does not
increase the limits of insurance stated in the LIMITS
OF INSURANCE (Section III) for this Coverage
Part.
B. The following is added to Paragraph a. of 4. Other
Insurance in COMMERCIAL GENERAL LIABILITY
CONDITIONS (Section IV):
However, if you specifically agree in a "contract or
agreement requiring insurance" that the insurance
provided to an additional insured under this Coverage Part
must apply on a primary basis, or a primary and non-
contributory basis, this insurance is primary to other
insurance that is available to such additional insured
which covers such additional insured as a named insured,
and we will not share with the other insurance, provided
that:
(1) The "bodily injury" or "property damage" for
which coverage is sought occurs; and
(2) The "personal injury" for Which coverage is
sought arises out of an offense committed;
after you have entered into that 'contract or agreement
requiring insurance". But this insurance still is excess
over valid and collectible other insurance, whether
primary, excess, contingent or on any other basis, that is
available to the insured when the insured is an additional
insured under any other insurance.
C. . The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us in
COMMERCIAL GENERAL LIABILITY CONDITIONS
(Section IV):
We waive any rights of recovery we may have against any
person or organization because of payments we make for
"bodily injury", "property damage" or 'personal injury"
arising out of "your work" performed by you, or on your
behalf, under a 'contract or agreement requiring
insurance" with that person or organization. We waive
these rights only where you have agreed to do so as part
of the 'contract or agreement requiring insurance" with
such person or organization entered into by you berore,
and in effect when, the 'bodily injury" or "property
damage" occurs, or the 'personal injury" offense is
committed.
D. The following definition is added to DEFINITIONS
(Section V):
"Contract or agreement requiring insurance" means that
part or any contract or agreement under which you are
required to include a person or organization as an
additional insured on this Coverage Part, provided that the
'bodily injury" and "property damage" occurs, and the.
'personal injury" is caused by an qffense committed:
a. Afte( you have entered into that contract or
agreement;
b. While that part of the contract or agreement is
in effect; and
c. Before the end of the poi icy period.
CG 03 81 0907
@ 2007 The Travelers Companies, Inc.
Includes copyrighted material or Insur.ar'1'.2'f1ff Office, Inc., with its permission.
Page 1 of 1
CITY COUNCIL
AGENDA STATEMENT
~`~~ CITY OF
CHULA VISTA
3/24/09, Item
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AN AGREEMENT BETWEEN CITY OF CHULA
VISTA AND SPRING VALLEY SANITATION DISTRICT REGARDING
SEWER FLOW GENERATED BY HE CHURCH OF THE GOOD
SHEPHERD.
SUBMITTED BY: DII2ECTOR OF PUBLLC WORK
REVIEWED BY: CITY MANAGER
ASSISTANT CTTY ANAGER ~/~
4/STHS VOTE: YES ^ NO
SUMMARY
The Church of the Good Shepherd, located within the County of San Diego at 3990 Bonita Road, Bonita,
CA, is seeking to expand its existing structure and use. While the County's Spring Valley Sanitation District
has agreed to provide sewer service to the church, the nearest existing sewer line to the church is a City of
Chula Vista facility. The agreement discussed in this report details City requirements that would be
implemented if such a connection was to occur, including allowed flow volume, maintenance responsibilities,
and costs associated with such a connection.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for compliance with the
California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class
3(d) categorical exemption pursuant to Section 15303 (New Construction; extension of water main,
sewage, electrical, gas and other utilities of reasonable length to serve such construction) of the State
CEQA Guidelines because the project involves a reasonable request to connect to a public sewer system
and abandon an existing septic facility. Thus, no further environmental review is necessary.
RECOMMENDATION
Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
The Church of the Good Shepherd, located at 3990 Bonita Road, Bonita, CA, is seeking to expand its
facilities. Being located within County of San Diego jurisdiction, the church contacted County officials
and began working through the development process. As part of the development process, County
12-1
3/24/09, Item~~`
Page 2 of 3
officials determined that the church is not connected to a public sewer system and instead, is currently
being serviced by an on-site septic system. In order for the project to be approved by the County of San
Diego, County staff has required the church to connect to a public sewer system.
3990 Bonita Road is a property located outside of, but immediately adjacent to, City of Chula Vista's
jurisdiction (see Attachment "A" for a location map). Due to the property's proximity to Chula Vista
jurisdiction, the nearest public sewer system is a Chula Vista sewer line. The City sewer line, running
from the east along Bonita Road before turning north along Willow Street, consists of a single 8"
diameter pipe that transports wastewater from a relatively limited number of Chula Vista customers near
the City's northern boundary. The sewer line continues north along Willow Street for approximately 320'
feet before entering into a County of San Diego, Spring Valley Sanitation District trunk sewer line. From
there, the County's trunk line carries the flow to a regional facility for treatment.
Understanding the church is within County jurisdiction and that the nearest public sewer facility is City
owned and operated, County of San Diego Spring. Valley Sanitation District staff contacted Ciry staff
requesting a County connection to the City sewer Facility within Bonita Road. Connections to City sewer
facilities typically require the property being served to be within City of Chula Vista jurisdiction.
However, an exception exists where two or more agencies enter into an agreement for the services. )n
addition, staff is concerned that requiring the church to annex into the City of Chula Vista may have
undesirable implications including:
• A responsibility to provide treatment capacity for the project. The City of Chula Vista has
already determined we do not currently have enough treatment capacity in the Metro system to
accommodate the City's buildout scenario. Annexing the church property into the City would
make it the City's responsibility to ensure adequate treatment capacity exists to treat sewage
generated by the church.
• Annexation of the church property into the City of Chula Vista may encourage nearby residential
properties currently utilizing septic systems to ask for Chula Vista sewer service as well.
• The annexation process is an expensive, time consuming process that would significantly delay
the church's development plans.
For this reason, staff from both the City of Chula Vista and the Spring Valley Sanitation District deem it
mutually desirable and advantageous for the City to allow the Church of the Good Shepherd to construct a
new 8 inch sewer connection from the church to the City of Chula Vista's Bonita Road sewer line. Denial
of such a connection would most likely eliminate the church's ability to expand or require the church to
construct a new, County owned and operated sewer line within City of Chula Vista right-of-way (along
Bonita Road and Willow Street) adjacent to the City's existing sewer line.
1n order to allow the connection to City sewer facilities without requiring annexation into the City, staff
drafred the proposed agreement (see Attachment B) with the Spring Valley Sanitation District discussing
connection requirements, maintenance responsibilities, and costs associated with such a connection. In
general, the agreement would allow the County of San Diego to design and construct, or cause to be
designed and constructed, an 8" sewer pipe ("County Line") connecting the church property to the City of
Chula Vista sewer system. The County Line would be maintained by the County and would require the
approval of a Chula Vista construction permit prior to any connection to City facilities being made, as
well as the granting of an easement from the City to the County allowing them to perform maintenance
activities on the portion of the County Line within Chula Vista's right-of-way. Wastewater generated by
the church would enter the Chula Vista sewer system via the County Line, and would travel north along
Willow Street approximately 320' before reaching a sewer outfall to the County of San Diego trunk sewer
line. Key points of the agreement are as follows:
12-2
3/24/09, Item~2~
Page 3 of 3
- The Church of the Good Shepherd will be officially served by the Spring Va]ley Sanitation
District, not the City of Chula. This ensures sewer treatment capacity and costs for sewage
generated by the church is the responsibility of the Spring Valley Sanitation District.
- The County of San Diego Spring Valley Sanitation District will be charged on an annual
basis for sewer maintenance and operation costs as would any Chula Vista sewer system
customer. .However, the County will not be charged sewer treatment costs by the City of
Chula Vista as those costs will be directly billed to the County by the City of San Diego.
- The County Line connecting the church property to the City sewer system will be maintained
by the Spring Valley Sanitation District.
- Because the County Line will not be metered, the County and City agree to the following:
o Prior to any connection to City sewer facilities being made, each agency will review
final building permit plans for the church and agree upon a total volume of
wastewater expected to be generated by the church.
o Expansion plans for the church will be such that no more than 8 Equivalent Dwelling
Units (EDU's) of wastewater flow (approximately 2,120 gallons per day) will
typically be generated on a daily basis.
o The City of Chula Vista is invoiced by the City of San Diego for sewer treatment
based upon the volume and quality of wastewater that leaves the City of Chula Vista
in Chula Vista pipelines. As a result, Chula Vista and the County of San Diego agree
to contact the City of San Diego, stating an agreement has been reached regazding the
discharge from the Church of the Good Shepherd, and that the volume of flow Chula
Vista is chazged for should be reduced by the amount agreed upon by Chula Vista
and County staff. Conversely, San Diego should increase the volume of flow the
County is charged for by the same amount.
This agreement would require approval by both the City Council of the City of Chula Vista and the
County Board of Supervisors. The agreement has not yet been presented to the County Board, but
County staff is preparing to take the project and associated agreement before the CounTy Board in the near
future.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property holdings within
500 feet of the boundaries of the property, which is the subject of this action.
FISCAL IMPACT
There is no impact to the General Fund. A small amount of revenue will be collected from the County on
an annual basis to account for operation and maintenance costs in accordance with existing sewer rates
and will be deposited within the Sewer Service fund.
ATTACHMENTS
A. Location Map
B. Agreement between the City of Chula Vista and Spring Valley Sanitation District
Prepared by. Jim Newton, Senior Civil Engineer, Public Works Department -Wastewater Engineering
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12-4
RESOLUTION N0.2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT BETWEEN
CITY OF .CHULA VISTA AND SPRING VALLEY
SANITATION DISTRICT REGARDING SEWER FLOW
GENERATED BY THE CHURCH OF THE GOOD SHEPHERD
WHEREAS, the Church of the Good Shepherd ("Good Shepherd"), located at 3990
Bonita Road, Bonita, CA, a property outside the geographic boundazies of the City of Chula
Vista, is seeking to expand its existing structure and use; and
WHEREAS, the County of San Diego has required that Good Shepherd connect to a
public sewer system as part of the expansion; and
WHEREAS; the nearest public sewer system is the City of Chula Vista's Bonita Road
Sewer ("City Sewer"), Good Shepherd would like to connect to the City Sewer in order to
transport its waste ultimately into the San Diego Metropolitan Sewage System for treatment; and
WHEREAS, Chula Vista and the Spring Valley Sanitation District deem it mutually
desirable and advantageous for Chula Vista to allow the Church of the Good Shepherd to
dischazge sewage into the City Sewer provided certain conditions described in the form of an
agreement between the City of Chula Vista and Spring Valley Sanitation District aze met; and
WHEREAS, this agreement shall establish the rights, privileges and duties of the parties
concerning the construction, use and maintenance of the County Line to the City Sewer, set
standazds governing waste dischazges and sewage flow, and describe adjustments to recorded
flow rates for both the District and Chula Vista flow volumes into the Metropolitan System in an
amount up to, but not exceeding, 8 EDUs.
NOW, THEREFORE, the City Council of the City of Chula Vista hereby approves the
agreement fora new 8" sewer connection from the Church of Good Shepherd to Chula Vista's
Bonita Road Sewer, and authorizes the Mayor and City Clerk to execute said agreement.
Presented by
Richard A. Hopkins
Director of Public Works
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THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY' S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL -~
fart C. Miesfe]
City Attorney
Dated: ~ I v d
Agreement between the City of Chula Vista and
Spring Valley Sanitation District for
A New 8" Sewer Connection from the
Church of the Good Shepherd to
Chula Vista's Bonita Road Sewer and Recorded Flow Adjustment
12-6
AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND SPRING VALLEY SANTTATION DISTRICT
FOR A NEW S" SEWER CONNECTION FROM THE CHURCH OF THE GOOD
SHEPHERD TO CHULA VISTA'S BONITA ROAD SEWER AND RECORDED FLOW
ADJUSTMENT
THIS AGREEMENT, made and entered into this day of , 2009, by
and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter called "Chula
Vista;' and the SPRING VALLEY SANITATION DISTRICT, a county sanitation district,
hereinafter called the "District," is made with reference to the following facts:
RECITALS
1. WHEREAS, the Church of the Good Shepherd ("Good Shepherd"), located at
3990 Bonita Road, Bonita, CA, a property outside the geographic boundaries of the City of
Chula Vista, County Assessor's parcel numbers 591-252-21, 592-060-28, and 592-060-67
("Property"), is seeking to expand its existing structure and use. Good Shepherd is currently
using a septic rather than public sewer system. In order to obtain permission to complete its
expansion, the County of San Diego has required that Good Shepherd connect to a public sewer
system; and
2. WHEREAS, based on its existing location, the nearest system is the City of Chula
Vista's Bonita Road Sewer ("City Sewer"). Good Shepherd would like to connect to the City
Sewer in order to transport its waste ultimately into. the San Diego Metropolitan Sewage System
for treatment; and
3. WHEREAS, in furtherance of its desire, the District will construct or cause to be
constructed a new, 8" sewer connection from the Church of the Good Shepherd (hereinafter
referred to as the "County Line") to the City Sewer. The County Line is depicted in Exhibit A;
and
4. WHEREAS, District will submit or cause to be submitted to Chula Vista for
review and approval all necessary design and construction plans for the County Line; and
5. WHEREAS, District will obtain the related easement(s) from Chula Vista
necessary for the construction and maintenance of the County Line as defined in Recital 3
herein; and
6. WHEREAS, on the 20th day of May, 1997, the City of San Diego, Chula Vista
and the District executed the "AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
THE SPRING VALLEY SANITATION DISTRICT FOR THE TRANSPORTATION OF
WASTEWATER IN THE SPRING VALLEY JOINT SYSTEM" (County of San Diego Contract
No. R18671) wherein provisions were made for the dischazge into the San Disco Metropolitan
Sewerage System ("Metro System") of sewage originating within a designated area of Chula
Vista; and
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7. WHEREAS, pursuant to the "Regional Wastewater Disposal Agreement between
the City of San Diego and Participating Agencies in the Metropolitan Sewerage System"
(hereinafter referred as "Metro Agreement") approved on May 18, 1998, and expiring on
December 31, 2050, the. District has the right to dischazge up to 10.978 million gallons of sewage
daily ("mgd") and Chula Vista has the right to dischazge up to 19.843 mgd into .the Metro
System; and
8. WHEREAS, Chula Vista and the District deem it mutually desirable and
advantageous for Chula Vista to allow the Church of the Good Shepherd to dischazge sewage
into the City Sewer provided Chula Vista's recorded flow rate into the Metro System is
appropriately adjusted as described in this Agreement, and Chula Vista is made whole regazding
costs associated with transporting sewage through the City Sewer, including payments of fair
shaze costs for repair, maintenance, and replacement of City Sewer, and
9. WHEREAS, this Agreement shall establish the rights, privileges and duties of the
parties concerning the construction, use and maintenance of the County Line to the City Sewer,
set standazds governing waste discharges and sewage flow, and describe adjustments to recorded
flow rates for both the District and Chula Vista flow volumes into the Metropolitan System in an
amount up to, but not exceeding, 8 EDUs.
NOW THEREFORE, the parties hereto agree as follows
ARTICLE I. -DEFINITIONS
LI Definitions. For the purpose of interpreting this Agreement, the following terms shall have
the meaning ascribed to them hereunder:
1.1.1 "Average Daily Flow" is the number, in million gallons of wastewater per day
("MGD"), calculated by dividing the total flow on a fiscal year basis by 365 days.
1.1.2 "Allocated Capacity or Capacity Rights" means the Average Daily Flow of sewage
that the Property is permitted to dischazge into the City Sewer, expressed as a rate
of flow in million gallons per day.
1.1.3 "City Sewer" means the City of Chula Vista's Bonita Road Sewer, which is an 8"
diameter sewer line that runs westerly along Bonita Road and then turns into a 10"
diameter line at Willow Street where it runs northerly on Willow Street to connect
to the Spring Valley Outfall at the intersection of Willow $Veet and Bonita Road.
1.1.4. "Equivalent Dwelling Unit" or "EDU" means a single family dwelling unit or each
single family dwelling unit in a duplex, multiple dwelling unit, or apartment house.
I.1.5 "Excess Infiltration" refers to the inflow of water into the City Sewer from the
ground through damaged or defective pipes, pipe joinu, lateral connections, and
manhole walls. For purposes of this agreement, "excess idfiltration" shall be
defined as the inflow of water in excess of 10% of the total flows into the City
Sewer due to leakage at any point along the County Line or at the location at which
the County Line taps into the City Sewer.
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1.1.6 "Flow per EDU" assumed to be 265 gallons per day ("gpd"), is the estimated
amount of flow generated per EDU on a daily basis, in accordance with the City of
Chula Vista's Subdivision Manual -Sewer Design. Criteria.
1.1.7 "Inflow" means extraneous storm water into the City Sewer through roof leaders;
cleanouts, foundation drains, sump pumps and cellaz, yazd and area drains along
the County Line or at the location at which the County Line taps into the City
Sewer.
1.1.8 "Peak Flow" means the maximum instantaneous dischazge of sewage expressed as
a rate of flow in million gallons per day ("mgd").
1.1.9 "Project" means the development of the Good Shepherd Church property at 3990
Bonita Road, Bonita, California, in accordance with the plans and specifications
that have been presented to the County of San Diego for approval and to the City of
Chula Vista for review and from which the Allocated Capacity has been derived.
Project Plans have been attached to this Agreement as Exhibit B.
1.1.10 "Property" means that pazcel currently owned by the Church of the Good
Shepherd, located at 3990 Bonita Road, Bonita, California, depicted on Exhibit C,
and further described on Exhibit D, attached hereto and incorporated herein by this
reference.
ARTICLE II -GENERAL TERMS
2.1 Effective Date. This Agreement shall be executed and take effect upon the signing of the
last party hereto.
2:2 Term: This Agreement shall remain in effect until such time as Good Shepherd, its
successor in interest,. and any additional connections or flows permitted due to
amendment of this Agreement pursuant to 3.1.8.1, cease their use of the City Sewer or
the Agreement is otherwise terminated, whichever is sooner.
ARTICLE III -COUNTY LINE
3.1 Grant of Right. Subject to the terms and conditions herein, City hereby grants to the
District the right to connect an 8" sewer line from the Church of the Good Shepherd to the City
Sewer to dischazge sewage into it for transportation. Provided all conditions of this Agreement
and all information required by the City of Chula Vista for any approvals or permits necessary
for the construction and connection of the County Line is submitted by the District to the City of
Chula Vista, the City of Chula Vista shall not unreasonably delay said approvals or permits
necessary for the District to connect to the City Sewer.
3.1.1 Costs. Any and all costs, including those costs identified in Article VI, herein,
arising out of or related to the construction, installation, maintenance; repair,
replacement or use of the County Line and appurtenances thereto shall be the
obligation of the District.
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3.1.2 Capacity RigJtts. District shall have the right to dischazge sewage through the
County Line into the City Sewer in an amount not to exceed 8 EDUs - (Average
Daily Flow of 2,120 gpd).
3.1.3 Source of Selvage. Unless allowed in accordance with Section 3.1.8.1 of this
Agreement, the County Line shall be used. only to dischazge sewage generated by
the Project.
3.1.4 Se>7~age Standards. District shall regulate and prohibit the discharge of sewage
and wastes into the City Sewer that do not meet the quality and standazds
established in the City of Chula Vista's Municipal Code. All sewage discharged
into the City Sewer shall meet the sandazds established by the City of San Diego
pursuant to Section II.F of the Metro Agreement. The District shall not dischazge
into the City Sewer any sewage or wastes that do not meet the standazds
established by and for Chula Vista under appropriate ordinances, resolutions,
rules, or regulations. The District shall also comply with the applicable statutes,
rules, and regulations of agencies of the United States of America, the State of
California, and the City of San Diego having jurisdiction over the collection,
transmission, treatment, and disposal of sewage and wastes.
3.1.5 Infalta•ation. District shall not allow excessive i~ltration into the County Line
and from such line into the City Sewer.
3.1.6 bz)?ow. District shall not allow, to the maximum extent practicable, the inflow of
surface or stotm waters to be dischazged into the County Line and from such line
into the City Sewer.
3.1.7 Peak Flow. During the term of this Agreement, District shall have the right to
dischazge peak flow into the Ciry Sewer not to exceed 5,300 gpd and City shall
have the obligation to receive such peak flow from District. Temporary increases
in peak flow resulting from rainfall shall not exceed the stated Peak Flow.
3.1.8 No Expansion of Riglat. The Property and the improvements to be made thereon,
otherwise known as the Project, shall be the only property and structures to be
served by the County Line and in no event shall City allow any areas or structures
not identified as part of the Project to be served by County Line; except as
provided for in Section 3.1.8.1. Dischazge in excess of the Allocated Capacity or
the addition of connections shall be a breach of this Agreement subject to the
remedies contained herein and those provided by ]aw and equity.
3.1.8.1lncrease in Discharge or Additional Connections. Additional flows
beyond the 8 EDUs permitted for Good Shepherd under the terms of this
Agreement and/or other properties that may subsequently annex into
Spring Valley Sanitation District and desire to connect to the City Sewer
through this Agreement, shall be conditional upon availability of sewer
capacity in the City of Chula V ista sewer system. Any increase in sewage
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dischazged into or connections to the City Sewer shall therefore, require a
written amendment to this Agreement.
3.1.9 Change In Use.. There shall be no, change in use of the Project, which may
increase the Allocated Capacity, absent prior written approval from Chula Vista
ARTICLE IV -DESIGN AND CONSTRUCTION
4.1 Design and Construction Standazds. The District, at its sole expense, shall design and
construct, or cause to be designed and constructed, the County Line to the City Sewer.
4.1.1 Standard of Care. District agrees that the professional services required by this
Agreement shall be performed in accordance with the standazds customarily
adhered to by experienced and competent professional architectural, engineering,
and construction firms using the degree of care and skill ordinarily exercised by
reputable professionals practicing in the same field of service in the State of
California.
4.1.2 Compliance with Design and Construction Standards. District shall comply
with, or ensure that the most current editions. of appropriate design and
construction standazds shall be used for all design and construction activity
required by this Agreement.
4.1.3 Standard Specifications. District shall comply with, or ensure that the most
current editions of reference specifications shall be used when designing and
constructing the Project, including:
4.1.3.1 The most recent edition of the Standard Specifications for Public Works
Construction, including the Regional and City of Chula Vista Supplement
Amendments [Greenbook].
4.1.3.2 California Department of Transportation Manual of Traffic Controls for
Construction and Maintenance Work Zones.
4.1.4 City Standards. District's professional services shall be provided in conformance
with the professional standazds of practice established by City. This includes all
amendments and revisions of these standards as adopted by City.
4.15 Permits. The Parties acknowledge that the construction work to be performed
within the City of Chula Vista in compliance with this Agreement is subject to the
prior issuance of a Chula Vista construction permit.
ARTICLE V. MAINTENANCE, REPAIR, AND REPLACEMENT
5.1 Maintenance Repair and Reconstruction. District shall ensure that the County Line is
maintained in good repair and good working order and in accordance with sound
engineering principles and practices. It shall be the duty of the District to make repairs
on the County Line and to make replacements, including reconstruction, as required to
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12-11
keep the County Line in good operating condition. All costs associated with
maintenance, repair, and reconstruction of the County Line shall be the obligation of and
paid for by the District.
5:2 tandazds. Maintenance, repair, replacement, and/or reconstruction of the County Line
shall be in accordance with the latest edition of the County design standazds (Standard
Specifications for Public Works Construction and San Diego Area Regional Standazd
Drawings), and State of California, Department of Transportation Standard Specifications
for Public Works Construction and San Diego Area Regional Standard Drawings.
ARTICLE VI. CHARGES AND EXPENSES
6.1 Costs of Design Construction Repair Maintenance and/or Replacement of County
Line. District shall be responsible for all costs associated with the design, conswction,
repair, maintenance, and/or replacement of the County Line.
6.2 Charge Against Canacitv Rights- All sewage generated from the Property (including
inflow or infiltration) discharged into the Metro System via the County Line shall be
charged against District's capacity rights as defined in the Metro Agreement and any
amendments or supplements thereto. As no meters will be installed to calculate actual
flow of and capacity used by the County Line, Chula Vista and the District have agreed
to calculate the flow to be generated by .the Church of the Good Shepherd prior to
connection to the City Sewer based on the number of fixture units within the. Church of
the Good Shepherd, but in an amount not to exceed 8 EDUs as verified by review of
approved building permit plans for the Project. Fixture units sltall be converted to EDU's
utilizing equivalent fixture units as described in Chula Vista's Form 5509 Development
Checklist, Sewage Participation Fee section.
6.3 Amendment to the Metro Billing Formula for Chula Vista and the District. Prior to
construction and connection of the County Line to the City Sewer, District and Chula
Vista shall each send a letter to the City of San Diego stating that an agreement has been
reached between the two agencies regarding the discharge from the Church of the Good
Shepherd. Chula Vista's recorded flow shall be reduced by up to B EDUs, the District's
recorded flow shall be increased by the same amount (up to 8 EDUs), and the Metro
Billing Formula shall be adjusted accordingly, all based on a final fixture unit count on
.approved building permit plans for the Project
6.4 Sewer Service Charge. Chula Vista's sewer service charges have been set to recover
Chula Vista's costs for wastewater treatment, maintenance and operation of the local
collection system, and capita! replacement. Since Chula Vista will not be liable for the
cost of wastewater treatment for potentially as many as 8 EDUs of flow generated by the
Church of the Good Shepherd, the District shall pay to Chula Vista a monthly service
charge for that portion of the sewer services charge needed to cover the Chula Vista's
Maintenance and Operation ("City M & 0") costs. Monthly Sewer Service Charges shall
be paid annually by District to Chula Vista within thirty (30) calendar days of receipt of
an invoice for such charges. The Monthly Sewer Service Charge shall be determined as
follows:
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Monthly Sewer Service Chazge = {(Usage x Rate x RF) + (Fixed Service Chazge)} x
(Chula Vista M&0 %)
Where Usage is based upon the. # of EDU`s calculated for the Project where 1 EDU =
1.0625 Hundred Cubic FeeUmonth; Rate =Low Strength Commercial Rate; RF =Return
Factor = 100%; Fixed Service Chazge =Fixed Service Chazge for 1" Meter; Chula Vista
M & 0 % (i.e. Percentage of the Sewer Service Chazge required to recover City's M & 0
Costs, and Capital Replacement Costs) = 41.4%
6.5 Maior Repair Reconstruction. and Replacement. If as a result of natural disaster,
operation of federal or state law, or other causes beyond Chula Vista's control, it
becomes necessary for Chula Vista to undertake major reconstructicn, replacement, or
repairs of the City Sewer, District shall reimburse Chula Vista for a proportionate share
of the net costs of such reconstruction, replacement, or repairs. The amount to be paid by
District to Chula Vista shall beaz the same ratio to the total costs of such reconstruction,
replacement, or repairs as the amount of sewage dischazged from the County Line into
City Sewer to the total amount of sewage dischazged into City Sewer at the time when
said reconstruction, replacement, or repairs become necessary.
6.6 No Chazee to Ciri. Chula Vista. shall not incur any costs associated with the design,
construction, maintenance, repair, replacement, or use of the County Line.
ARTICLE VII. LIABILITY
7.1 Interruotion in Service. In the event of an interruption of service to the District by the
City Sewer, as a result of.disaster, operation of State or Federal law, discontinuance of or
interruption of service of the San Diego Metropolitan Sewerage System or connections
thereto, or any other cause beyond the control of Chula Vista, Chula Vista shall bear no
liability and shall be held free and harmless by the District from any claims and liabi}ities
for any injury to or damage to any persons, including dismemberment, disability, or
death, or property arising from or out of such interruption of service or for any other
damages or-costs incurred by the District as a result of such interruption of service.
Nothing herein contained shall operate to relieve the District of any liability for damages
to persons or property arising from or out of the installation, construction, operation,
maintenance, repair, replacement, and/or reconstruction of the .County Line and
appurtenances thereto or from any action or inaction of the District or of its officers,
agents, employees, or contractors in connection therewith.
ARTICLE VIII. INDEMNITY
8.1 Defend Indemnify and Hold Harmless (District). To the extent it may legally do so,
District shall defend, indemnify, and save and hold free and harmless City of Chula
Vista, its agents, officers and employees from any claim, actions, liabilities, penalties or
fines for injury to or damage to any person or property or for the death of any person
azising from or out of any act or omission of District, its agents, officers, employees or
contractors, arising from or out of the installation, construction; operation, maintenance,
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repair, replacement and/or reconstruction of said County Line and/or appurtenances
installed according to Section 3 of this Agreement.
8.2 Defend Indemnify and Hold Harmless (Chula Vistal. Without waiving any
governmental immunity and to the extent it may legally do so, Chula Vista shall defend,
indemnify, and save and hold free and harmless District, its board members, agents,
officers and employees from any claim, actions, liabilities, penalties or fines for injury to
or damage to any person or property or for the death of any person arising from or out of
any act or omission of Chula V ista, its agents, officers, employees or contractors.
ARTICLE IX. NOTICES
9.1 W 'tin . Any demand upon or notice required or permitted to be given by one party to
the other party shall be in writing.
9.2 Effectivc Date. Except as otherwise provided by law, any demand upon or notice
required or permitted to be given by one party to the other parry shall be effective; (i) on
personal delivery, (ii) on the second business day after mailing by certified or registered
U.S. Mai], return receipt requested, (iii) on the succeeding business day after mailing by
Express Mail or after deposit with a private delivery service of general use (e.g., Federal
Express) postage or fee prepaid as appropriate, or (iv) upon successful transmission of
facsimile.
9.3 Recipients. All demands or notices required or permitted to be given shall be sent to all
of the following:
9.3.1 City: City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
9.3.2 Permittee: Spring Valley Sanitation District
County of San Diego
5555 Overland Avenue
Bldg. 2, Suite 2260
San Diego CA 92123
9.4 Chanee of Address(esl. Notice of change of address shall be given in the manner set
forth in this Article.
ARTICLE X. TERM OF AGREEMENT
10.1 lion. This Agreement and all conditions herein shall remain in full force and effect
unless terminated by mutual agreement. provided that the District is not in default under
or breach of this Agreement.
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ARTICLE XI. MISCELLANEOUS PROVISIONS
11.1 Headings. All article headings aze for convenience only and shall not affect the
interpretation of this Agreement.
11:2 Gender & Number. Whenever the context requires, the use .herein of (i) the neuter
gender includes the masculine and the feminine genders and (ii) the singulaz number
includes the plural number.
11.3 Reference to .Paragraphs. Each reference in this Agreement to a section refers, .unless
otherwise stated, to a section this Agreement.
11.4 Incorporation of Recitals. All recitals herein aze incorporated into this Agreement and
aze made a part hereof.
11.5 Covenants and Conditions. A]1 provisions of this Agreement expressed as either
covenants or conditions on the part of Chula Vista or the District, shall be deemed to be
both covenants and conditions.
11.6 Integration. This Agreement and the Exhibits and references incorporated into this
Agreement fully express all understandings of the parties concerning the matters covered
in tltis Agreement. No change, alteration, or modification of the terms or conditions of
this Agreement, and no verba! understanding of the parties, their officers, agents, or
employees shall be valid unless made in the Form of a written change agreed to in writing
by both parties or an amendment to this Agreement agreed to by both parties. All prior
negotiations and agreements are merged into this Agreement.
11.7 Severabiliri. The unenforceability, invalidity, or illegality of any provision of this
Agreement shall not render any other provision of this Agreement unenforceable, invalid,
or illegal.
11.8 Drafring Ambiguities. The parties agree that they aze aware that they have the right to be
advised by counsel with respect to the negotiations, terms and conditions of this
Agreement, and the decision of whether or not to seek advice of counsel with respect to
this Agreement is a decision that is the sole responsibility of each party. This Agreement
shall not be construed in favor of or against either party by reason of the extent to which
each party participated in the drafting of the Agreement
11.9 Conflicts Between Terms. If an apparent conflict or inconsistency exists between the
main body of this Agreement and the Exhibits, the main body of this Agreement shall
control. if a conflict exists between an applicable federal, state, or local law, rule,
regulation, order, or code and this Agreement, the law, rule, regulation, order, or code
shall control. Varying degrees of stringency among the main body of this Agreement, the
Exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the
most stringent requirement shall control. Each party shall notify the other immediately
upon the identification of any appazent conflict or inconsistency concerning this
.Agreement.
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1 ].10 Prompt Performance. Time is of the essence of each covenant and condition set forth in
this Agreement.
11.11 Good Faith Performance. The parties shall cooperate with each other in good faith, and
assist each other in the performance of the provisions of this Agreement.
11.12 Further Assurances. Chula Vista and District each agree to execute and deliver such
additional documents as maybe required to effectuate the purposes of this Agreement.
11.13 Exhibits. Each of the following Exhibits is attached hereto and incorporated herein by
this reference:
E hi 't A: 8" County Line
E hi it B: Conceptual Project Plans
Exhibit C: Location Map
Exhibit D: Legal Description
11.14 Compliance with Controllins Law. The District shall comply with all laws, ordinances,
regulations, and policies of the federal, state, and local governments applicable to this
Agreement, including (if required) California Labor Code section 1720 as amended in
2000 relating to the payment of prevailing wages during the design and preconstruction
phases of a project, including inspection and land surveying work. In addition, the
District shall comply immediately with all directives related to the continucd use of the
City Sewer issued by Chula Vista or its authorized representatives under authority of any
laws, statutes, ordinances, rules, or regulations. The laws of the State of Califomia shall
govern and control the terms and conditions of this Agreement.
11.15 Jurisdiction. Venue. and Attomev Fees. The venue for any suit or proceeding concerning
this Agreement, the interpretation or application of any of its terms, or any related
disputes shall be in the County of San Diego, State of Califomia. The prevailing party in
.any such suit or proceeding shall be entitled to a reasonable awazd of attorney fees in
addition to any other award made in such suit or proceeding.
11.16 Municipal Powers.. Nothing contained in this Agreement shall be construed as a
limitation upon the powers of Chula Vista as a chartered city of the State of Califomia.
11.17 Third Party Relationship Nothing in this Agreement shall create a contractual
relatiotuhip between Chula Vista, District and any third party; however, the parties
understand and agree that Chula Vista, to the extent permitted by law, is an intended third
parry beneficiary of all District's contracts, purchase orders and other contracts between
District and third party services related to the use of the City Sewer. District shall
incorporate this provision into its contracts, supply agreements and purchase orders.
11.18 Non-Assignment. The District shall not assign the obligations under this Agreement,
whether by express assignment or by sale of the company, nor any monies due or to
_tp_
12-16
become due, without Chula Vista's prior written approval. Any assignment in violation of
this pazagraph shall constitute a default and is grounds for immediate termination of this
Agreement, at the sole discretion of Chula Vista. Tn no event shall any putative
assignment create a contractual relationship between Chula Vista and any putative
assignee.
11.19 Successors in Interest. This Agreement and all rights and obligations created by this
Agreement shall be in force and effect whether or not any parties to the Agreement have
been succeeded by another entity, and all rights and obligations created by this
Agreement shall be vested and binding on any party's successor in interest.
11.20 Independent Contractors. The District, any consultants, contractors, subcontractors, and
any other individuals employed by the District shall be independent contractors and not
agents of Chula Vista. Any provisions of this Agreement that may appeaz to give Chula
Vista any right to direct the District coneeming the details of performing the services
under this Agreement, or to exercise any control over such performance, steal] mean only
that the District shall follow the direction of Chula Vista concerning the end results of the
performance.
11?1 Aonroval. Where the consent or approval of a party is required or necessary under this
Agreement, the consent or approval shall not be unreasonably withheld.
11.22 No Waiver. No failure of either Chula Vista or the District to insist upon the strict
performance by the other of any covenant, term or condition of this Agreement, nor any
failure to exercise any right or remedy consequent upon a breach of any covenant, term:
or condition of this Agreement, shall constitute a waiver of any such breach of such
covenant, term or condition. No waiver of any breach shall affect or alter this Agreement,
and each and every covenant, condition, and term hereof shall continue in full force and
effect to any existing or subsequent breach.
11.23 Sig_rtina Authority. The representative for each party signing on behalf of a corporation;
partnership, joint venture or governmental entity hereby declazes that authority has been
obtained to sign on behalf of the corporation, partnership, joint venture, or entity and
agrees to hold the other party or parties hereto harmless if it is later determined that such
authority does not exist.
12-17
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed
by the respective officials.
Approved as to form and legality THE CITY OF CHULA VISTA
this day of ,.2009
By
City Attorney
of the City of Chala Vista.
Approved as to form and legality SPRING VALLEY SANITATION DISTRICT
this day of . X009 By
Thomas 7. Pastuszka
County Counsel Clerk of District Board of Directors
By ,Senior Deputy
L--
12-18
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Exhibit C
Location Ma
EXHIBIT D -LEGAL DESCRIPTION
PORTIONS OF QUARTER SECT]ON 72 AA'D QUARTER SECTION 73 OF RANCHO DE LA NACION,
IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
156, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY.
ASSESSOR'S PARCELNUMSERS: 591-252-21, 592-060-28 AND -67
12-22
CITY COUNCIL
AGENDA STATEMENT
._--. _ ~,
~~~ CITY OF
CHULAVISTA
3/24/09, Item?
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AWARDING ATHREE-YEAR CONTRACT WITH
TWO OPTIONAL, CONSECUTIVE ONE-YEAR EXTENSIONS
FOR ASSESSMENT DISTRICT AND COMMUNITY FACILITIES
DISTRICT JUDICIAL FORECLOSURE SERVICES TO
STRADLING YOCCA CARLSON & RAUTH, AND
AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE
TWO ONE-YEAR EXTENSIONS AND EXECUTE ALL RELATED
DOCUMENTS
SUBMITTED BY: DIRECTOR OF PUBLIC WORKS
DIRECTOR OF FINANCE~~I~
REVIEWED BY: CITY MANAGER v~
ASSISTANT CIT MANAGER G71
4/STHS VOTE: YES ^ NO
SUMMARY
The proposed agreement will retain the services of Stradling, Yocca, Carlson and Rauth to
perform judicial foreclosure services on City Assessment Districts and Community Facilities
Districts and coordinate the collection of all delinquent installment payments on these Districts,
as requested by the City, for the time period of January 1, 2009 to June 30, 2012, plus two
optional consecutive one-year periods, July 1, 2012 through June 30, 2013 and July 1, 2013
through June 30, 2014, if agreed upon by mutual consent of the City and the selected firm. This
action will ensure that providing these required services fulfills the City's fiduciary responsibility
to the bondholders as required by bond covenants. All costs associated with judicial foreclosure
services and the collections of delinquent assessments are recovered from the delinquent
property owners at no expense to the City.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for compliance with
the California Environmental Quality Act (CEQA) and has determined that the activity is not a
"Project" as defined under Section 15378(b)(4) of the State CEQA Guidelines because it
involves a governmental fiscal action without commitment to any specific project which may
result in a potentially significant physical impact on the environment; therefore, pursuant to
13-1
3/24/09, Item ~ 3
Page 2 of 5
RECOMMENDATION
Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
The City has formed 12 current Assessment Districts to provide financing of infrastructure,
mostly for new developments. The bonds that were used to finance the improvements were
issued pursuant to the Improvement Bond Act of 1915. Each District typically pays off these
bonds over a 20-30 year period. The yeazly installment is collected on the tax bill of those who
benefit from the improvements.
One of the provisions of issuing 1915 Act limited obligation bonds is that the City must monitor
the collection process and cause judicial foreclosure proceedings to commence in as little as 150
days of an installment becoming delinquent. The City's obligations to the bondholders aze
outlined in the covenants in each District's bond indenture. In cases where the City does not
initiate timely judicial foreclosure proceedings pursuant to the covenants, the City may become
liable for the delinquent payment to the bondholders.
The 1915 Bond Act states that the cost of collecting a delinquent installment is recoverable from
the delinquent parcel. The delinquent installment, penalties, interest and collection costs will be
collected from the delinquent parcels so that other parcels within the District will experience no
additional cost.
The City currently has ten Community Facilities Districts (CFDs), which fmance the
construction of infrastructure through the issuance of bonds. The covenants in the bond
indentures for each of these Districts stipulate that judicial foreclosure proceedings must be
commenced against properties under common ownership with delinquent taxes of $5,000 or
more, or $2,500 or more if the Reserve Fund is less than the Reserve Requirement. Due to the
relatively high threshold amount, no proceedings have been required up to this point. However,
it is necessazy to have Foreclosure Counsel available since documents aze required to be filed in
court in as little as 90 days after identifying such a delinquency. The City will also need the
flexibility to include any new CFDs, which may be formed during the period of this contract.
The recommended action authorizes the Foreclosure Counsel to perform judicial foreclosure
services for the City. Funds for this service will be advanced from the yearly administrative fee
that the City collects from every parcel within the Assessment Districts and the administrative
chazges collected from the CFDs as set forth by bond covenants in anticipation of ultimate
recovery from the delinquent property owners. Administrative expenses .aze estimated each
fiscal year for each Assessment District and included in the budgets.
13-2
3/24/09, Item ~~
Page 3 of 5
Consultant Selection Process
The City has previously used qualified outside personnel to accomplish this work, in lieu of
performing the activities in-house. The purposes for hiring outside personnel to perform these
services are speed, expertise and cost. Stradling, Yocca, Carlson and Routh have special
expertise in this area. Having such a specialist monitor these foreclosure actions and procedures
will allow the City to meet its covenants in a timely manner and at a lower expense to the
delinquent parcel.
A Request for Proposals (RFP) was prepared by staff and sent to five firms. An advertisement
inviting proposals was also published in The Star News on November 14, 2008.
The RFP included a description of the scope of work and the timeframes for completion. Each
firm was asked to indicate in its RFP: 1) general familiarity with Assessment Districts and
Community Facilities Districts, 2) personnel qualifications, including subconsultants if so
indicated, 3) capacity, resources or expertise to perform the work, 4) proximity of office to the
City of Chula Vista, and 5) cost proposal.
The following three firms responded to the RFP mailing and invitation and submitted proposals:
Firm Name
Best, Best and Krieger
Burke, Williams and Sorenson, LLP
Stradling, Yocca, Cazlson and Routh
RFP Evaluation Process
The selection committee consisted of the following members:
Nadine Mandery, Treasury Manager
Amy Partosan, Administrative Analyst
Greg Davidson, CFD Consultant
Location
San Diego, CA
Riverside, CA
Newport Beach, CA
The committee members were provided with individual copies of the proposals. All firms were
invited to participate in the interview process and all three firms accepted. On December 11,
2008, the committee interviewed the firms. These firms were ranked in accordance with the
following criteria:
1. Qualifications of personnel (13 points)
2. Adherence of Proposal to RFP Guidelines (13 points)
3. Resources available to Perform Tasks on Time and Within Budget (14 points)
4. Firm Experience Directly Related to Contract (13 points)
5. Quality of Presentation (10 points)
6. Response to Interview Questions (17 points)
7. Total Costs and Justification (20 points)
13-3
3/24/09, Item l~
Page 4 of 5
Each member of the interviewing panel awazded points to the three firms, with 100 points per
member being the maximum and 300 points, the total maximum awazded by the entire
committee per firm.
The firms were ranked as follows:
1. Stradling, Yocca, Carlson and Routh
2. Best, Best and Krieger, LLP
3. Burke, Williams and Sorensen, LLP
The selection committee is recotnmending Stradling, Yocca, Carlson and Routh as the best
choice for the new contract. The committee based this on the firm's general strength in all areas
including knowledge, experience handing similar matters for other agencies and municipalities,
cost proposal, and general quality of work previously provided to the City. The City has used
the services of Stradling, Yocca, Carlson and Routh for the past several years.
The table below shows the proposed rates for legal services for each of the firms.
Table 1: Legal Services Rates for Each Firm
FIRYI ATTORNEY ASSOCIATE PARALEGAL iVIISCELLr1NE0US
ATTORNEY
Best, Best and $350 per hour $250 per hour $200 per hour N/A
Krie er
Burke, Williams $265 per hour N/A N/A N/A
and Sorenson
Stradling, Yocca $300 per hour $265 per hour $130 per hour $250 - $350 per hour for
Carlson and Routh other attome s
Contract Terms
Generally, the provisions of the contract provide that Stradling, Yocca, Carlson and Routh will
be responsible for coordinating judicial foreclosure services, as requested by the City, for the
time period of January 1, 2009 to June 30, 2012, plus two optional one-year periods, July 1, 2012
through June 30, 2013 and July 1, 2013 through June 30, 2014, if agreed upon by mutual consent
of the City and the selected firm. However, foreclosures processed may have occurred outside
these time periods. The contract will be completed when all delinquent parcels assigned during
the contract period have been resolved or upon notification from the City of contract termination.
All fees would be billed monthly. The monthly statement will set forth the nature of the services
provided during the preceding month and the total number of hours attributable to providing such
services. In addition to the above fees, Stradling, Yocca, Carlson and Routh would be
reimbursed for out-of-pocket expenses including normal and customary office expenses,
document delivery and messenger fees, court costs, and travel at the direction of the City.
13-4
3/24/09, Item / 3
Page 5 of 5
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found a conflict exists, in
that Councilmember John McCann has property holdings within 500 feet of the boundaries of the
property (Assessment District 90-3 and Community Facilities District 06I), which is the subject
of this action.
FISCAL IMPACT
The yearly cost for the services aze unknown, but there will be no impact to the City's General
Fund. The general nature of the regional and local economic picture and homeowners' general
ability to fulfill their financial obligation would affect the number of pazcels that become
delinquent and trigger the foreclosure process.
Since expenses will be incurred prior to the resolution of each case, funds will be advanced From
the yearly administrative fees collected from the Assessment Districts and CFDs. Once each
case is resolved, the owners of the delinquent parcels would pay all legal expenses and the
Assessment District or CFD accounts would be reimbursed. Since all collection costs are
recovered for the delinquent pazcels, there is no fiscal impact to the City. By going through this
process and collecting the delinquent assessments, the City will meet its obligations as required
by bond covenants and thereby avoid any liabilities associated with these delinquent
assessments.
ATTACHMENTS
1. Agreement Between the City and Stradling Yocca Carlson & Routh.
Po~epnred by: Amy Partosan. Administrative Analyst /!, Public Works Dept.
M:\EngineerWGENDA\CAS2009\03-24-09Vudicial Foreclosure Agenda Statement-JDSM Redline-F[NAL.doc
13-5
RESOLUTION N0.2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AWARDING ATHREE-YEAR CONTRACT
WITH TWO OPTIONAL, CONSECUTIVE ONE-YEAR
EXTENSIONS FOR ASSESSMENT DISTRICT AND
COMMUNITY FACILITIES DISTRICT JUDICIAL
FORECLOSURE SERVICES TO STRADLING YOCCA
CARLSON & RAUTH, AND AUTHORIZING THE CITY
MANAGER TO NEGOTIATE THE TWO ONE-YEAR
EXTENSIONS, AND EXECUTE ALL RELATED
DOCUMENTS
WHEREAS, the purpose for hiring outside personnel to perform assessment district and
community facilities district judicial foreclosure services is speed, expertise and cost; and
WHEREAS, the proposed action will retain the services of Stradling, Yocca, Cazlson and
Rauth to perform judicial foreclosure services on City Assessment Districts and Community
Facilities Districts and coordinate the collection of all delinquent installment payments on these
Districts as requested by the City, for the time period of January 1, 2009, to June 30, 2012, plus
two optional consecutive one-year periods; and
WHEREAS, the proposed action will ensure that providing these required services fulfills
the City's fiduciary responsibility to the bondholders and that all costs associated with these
services and the collections of delinquent assessments are recovered from the delinquent
property owners at no expense to the City.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby awazd a three-year contract with two optional, consecutive one-year extensions for
Assessment District and Community Facilities District judicial foreclosure services to Stradling
Yocca Cazlson & Rauth, on file in the Office of the City Clerk.
BE IT FURTHER RESOLVED, that the City Manager is authorized to negotiate the two
one-yeaz extensions to the Agreement, and to execute all related documents on behalf of the City
of Chula Vista.
Presented by Approved as to form by
Richazd A. Hopkins
Director of Public Works
-~
~-t C. t~Iies~el
~ity Attorney
13-6
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
,~ ies eld
~ 'City Attorney
Dated: ~~~ ~ -)
Agreement between Stradling Yocca Carlson & Rauth for
Assessment Districts and Community Facilities Districts
Judicial Foreclosure Services
13-7
LEGAL SERVICES AGREEMENT
THIS AGREEMENT is entered into this day of Mazch 2009, by and between
the City of Chula Vista, (hereinafter "the CITY") and Stradling Yocca Carlson & Routh
(hereinafter "ATTORNEYS").
RECITALS
The following recitals are a substantive part of this Agreement:
1. ATTORNEYS represent they are qualified by virtue of experience, training, education
and expertise to accomplish the services necessary under [his Agreement.
AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:
Term of A¢eement.
This Agreement shall cover services rendered from the above-referenced effective date of
this Agreement until June 30, 2012, plus two optional one-year periods, July 1, 2012 through
June 30, 2013 and 7uly 1, 2013 through June 30, 2014, if agreed upon by mutual consent of the
City and the ATTORNEYS.
2. Services to be Provided.
The services to be performed by ATTORNEYS shall consist of any and all tasks
reasonably required to advise, assist and fully represent the CITY in all legal matters presented to
ATTORNEYS and on any matters in litigation, wherein ATTORNEYS aze consulted by, or
appears on behalf of, the CITY. ATTORNEY'S services shall include, but are not limited to, any
and all reasonably required legal representation on behalf of the CITY.
Compensation -ATTORNEY shall be compensated as follows:
3.1 Amount. The CITY shall compensate ATTORNEY for services rendered
at the following hourly rates:
Shareholder (Allison E. Bums) $300/hour
Associates (Jennifer Yu) $265/hour
Additional Attorneys $250 - 350/hour
Paralegals $130/hour
13-8
Travel time shall be billed at the same hourly rate. Except for reimbursable expenses as defined
below, such hourly compensation shall be the sole and total remuneration for services rendered
pursuant to this Agreement.
The total amount of service and costs to be paid under this agreement shall not exceed
$50,000.00, without the express written authorization of the City.
3.2 Billing. ATTORNEYS agree to provide detailed invoicing of all billing for
services on a monthly basis. Monthly invoices shall begin on the first of the month following the
execution of the Agreement herein. All charges must be itemized by ATTORNEYS, showing in
detail the work task performed during the billing entry. All charges must be presented in a line
item format and in a manner such that each task is separately explained in reasonable detail, and
with a specific time allocation recorded. The invoice shall include the amount, billing rate and
basis for calculation of all fees and costs.
The CITY will not accept, and will not be responsible for block or cumulative invoice
entries. ATTORNEYS shall not chazge the CITY for more than one ATTORNEY'S time when
appeazing at a meeting, in Court, or for performing any task unless the CITY has expressly
authorized the use of two or more ATTORNEYS for the appeazance or task.
All billing for work performed under this Agreement shall be sent to the following:
Amy D. Partosan
Administrative Analyst II
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
3.3 Reimbursements for Expenses. ATTORNEYS shall keep accurate records
of all costs, travel and expenses. These records shall be made available to the CITY upon
reasonable request.
The CITY will reimburse actual, reasonable and necessary out of pocket expenses
incurred by ATTORNEYS in performing any services under this Agreement as follows:
a. Photocopying chazges at no more than $0.25 per page.
b. Facsimile charges at no more than $1.00 per page.
a Computerized legal reseazch at the actual amount charged to
ATTORNEYS. However, all computerized legal reseazch must be
authorized and approved in advance by the CITY.
d. Pazking Fees at the actual amount charged to ATTORNEYS
13-9
e. Travel/Mileage at IRS RATES per mile. Any travel fees incurred outside
of San Diego County must be authorized and approved in advance of the
CITY.
f. Statutory Fees, Witness fees, Reporters fees, Stenographic transcription,
jury fees and the cost of serving process actually incurred by
ATTORNEYS.
g. ATTORNEYS may seek reimbursement for any actual, reasonable and
necessary expenses incurred on items not identified above with the prior
authorization and approval by the CITY.
The CITY will not reimburse ATTORNEYS for any additional charges incun•ed due to
"rush" deliveries or "late" charges, unless such expenses are approved in advance by the CITY
and the need for such services is determined by the CITY to be reasonably beyond the control of
ATTORNEYS.
To obtain reimbursement, ATTORNEYS shall submit a monthly summary of
expenses, along with all supporting receipts, within thirty (30) days of the expense being
incurred.
3.4 Expert Consultations and Witnesses.
Expert consultations and witnesses, and any investigators, may be retained on terms
acceptable to the CITY, authorized and approved in advance, for which the CITY shall
reimburse the ATTORNEYS or pay investigators, consultants or experts directly. In no event
shall ATTORNEYS retain any service of any expert, investigator or consultant without first
receiving express authorization and approval from the CITY.
4. Insurance.
4.1 Professional Errors and Omissions Insurance.
ATTORNEYS shall obtain and maintain in full force and effect at all times
Professional Errors and Omissions Liability Insurance. Such insurance shall provide coverage in
an amount not Tess than two million dollazs ($2,000,000.00) per occurrence and four million
dollazs ($4,000,000.00) aggregate. The CITY reserves the right to require insurance for a higher
coverage than the minimum limits noted above. Alf insurance carriers shall hold a Best rating of
"A+" or better. The insurance policy required under this paragraph shall be endorsed to state
that coverage shall not be suspended, voided, cancelled, reduced in coverage, or in limits, except
after thirty (30) days prior written notice, by certified mail return receipt requested, given to the
CITY.
13-10
Said insurance policy shall provide coverage to the CITY for any damages or losses
suffered by the CITY as a result of any error or omission, or neglect by ATTORNEYS which
azise out of the services rendered under this Agreement. Such insurance may not be subject to a
self-insured retention or deductible in an amount in excess of Five thousand ($5,000.00) dollars
without prior written authorization and approval by the CITY.
ATTORNEYS shall, within ten (10) days after entering into this Agreement, and before
commencing or performing any services under the Agreement, deposit with the CITY
ATTORNEY of the CITY, a certificate of insurance certifying that all insurance required herein
is, and will be, in full force and effect from the time the Agreement is entered into until
completion or termination of this Agreement. The Certificates of Insurance must be renewed at
least fifteen (15) days prior to expiration.
ATTORNEYS shall not commence any work under this Agreement until ATTORNEYS
have obtained all CITY approved insurance.
All insurance required shall be carried only by responsible insurance companies licensed
to do business in Califomia and shall name as additional insured the CITY, its elected officials,
officers, employees, agents and representatives. All policies shall contain language to the effect
that: (1) the insurer waives any right of subrogation against the CITY and the CITY's elected
officials, officers, employees, agents, and representatives; (2) insurance shall be primary non-
contributing and any other insurance carried by the CITY shall be excess over such insurance;
and, (3) such insurance shall not be cancelled or materially changed except after thirty (30) days
notice by the insurer to the CITY by certified mail. ATTORNEYS shall furnish the CITY with
copies of all applicable policies promptly upon receipt.
Nothing in this section shall be construed to make ATTORNEYS other than a Consultant
for all purposes.
ATTORNEYS agree to notify the CITY in the event that the limits shall fall below the
coverage stated above or if the insurance policies noted here are allowed to lapse and substitute
insurance is, or is not, obtained.
4.2 Workers Compensatron Insurance.
ATTORNEY shall obtain and maintain workers compensation insurance in
accordance with section 3700 of the Califomia Labor Code.
5. Indemnification.
5.1 Indemnification and Hold Harmless Agreement
With respect to any liability, including but not limited to claims asserted or costs,
losses, attorney fees, or payments for injury to any person or property caused or claimed to be
13-11
caused by the acts or omissions of the ATTORNEYS, or ATTORNEYS's employees, agents,
and officers, arising out of any services performed involving this project, except liability for
Professional Services covered under Section 5.2, the ATTORNEYS agree to defend, indemnify,
protect, and hold harmless the CITY, its agents, officers, or employees from and against all
liability. Also covered is liability arising from, connected with, caused by, or claimed to be
caused by the active or passive negligent acts or omissions of the CITY, its agents, officers, or
employees which may be in combination with the active or passive negligent acts or omissions
of the ATTORNEYS, its employees, agents or officers, or any third party. The ATTORNEYS's
duty to indemnify, protect and hold harmless shall not include any claims or liabilities arising
from the sole negligence or sole willful misconduct of the CITY, its agents, officers or
employees. This section in no way alters, affects or modifies the ATTORNEYS's obligation and
duties under Section 2 to this Agreement.
5.2 Indemnification for Professional Services.
As to the ATTORNEYS's professional obligation, work or services involving this
Project, the ATTORNEYS agrees to indemnify, defend and hold harmless the CITY, its agents,
officers and employees from and against any and all liability, claims, costs, and damages,
including but not limited to, attorneys fees, that arise out of, or pertain to, or relate to the
negligence, recklessness or willful misconduct of ATTORNEYS and its agents in the
performance of services under this agreement, but this indemnity does not apply liability for
damages for death or bodily injury to persons, injury to property, or other loss, arising from the
sole negligence, willful misconduct or defects in design by CITY or the agents, servants, or
independent contractors who are directly responsible to CITY, or arising from the active
negligence of CITY.
6. Citv Agent.
Bart Miesfe[d, City Attorney, for the purposes of this Agceemi=nt, is the Agent for the
CITY. Whenever authorization or approval is required, ATTORNEYS understand that the City
Attorney has the authority to provide the authorization or approval.
7. Independent Contractor.
ATTORNEYS, and anyone employed by ATTORNEYS, are not and shall not be,
deemed employees of the CITY. ATTORNEYS are solely responsible for the payment of
employment taxes, workers compensation taxes, and any other taxes for employees.
8. Conflict of Interest.
ATTORNEYS represent that they presently have no material financial interest other than
that which may be held by the general public and shall not acquire any interest, direct or indirect,
in any contract or decision made on behalf of the CITY which may be affected by the services to
be performed by ATTORNEYS under [his Agreement. ATTORNEYS further agee that no
13-12
person having any such interest shall be employed by them. if ATTORNEYS, or their
employees, acquire a direct or indirect personal interest, such interest shall be immediately
disclosed to the CITY and the interested individual shall abstain from any contracts or decisions
under this Agreement.
In addition to the proscriptions regazding conflicts of interest imposed on ATTORNEYS
by the Business and Professions Code and by Califomia Rules of Professional Conduct,
ATTORNEYS represent that no ATTORNEY shall represent clients before any board,
commission, committee or agency of the CITY or represent any client with interests adverse to
the CITY. Furthermore, ATTORNEYS shall at all times avoid conflicts of interest or the
appearance of a conflict of interest in performance of this Agreement. ATTORNEYS shall
immediately notify the City Attorney of any circumstances, or change of circumstances, [hat may
provide for the potential for a conflict of interest, or actual conflict of interest.
Non-Liability of Officials/Emnlovees of the CITY.
No official or employee of the CITY shall be personally liable for any default or liability
under this Agreement.
10. Compliance with Law.
ATTORNEYS shall comply with all applicable laws, ordinances, codes and regulations
of the Federal, State and local governments. In addition, ATTORNEYS agree to abide by all
ethical and moral standards as represented by the Rules of Professional Conduct as applied to the
California State Baz.
11. Work Product.
All documents, or other information developed or received, by ATTORNEYS shall be
the property of the CITY. ATTORNEYS shall provide the CITY with copies of items upon
reasonable demand or upon termination of this Agreement.
12. Notices.
All notices shall be personally delivered or mailed, via first class mail, to the below listed
address. [n addition, such addresses shall be used for delivery for service of process.
ATTORNEYS agree to notify the CITY within ten (]0) days of the date of any change of
address and agrees to keep an updated address with the applicable Courts on any matters that
ATTORNEYS aze representing the CITY.
a. Address of ATTORNEYS is as follows:
Allison E. Bums
Stradling Yocca Carlson & Routh
13-13
660 Newport Center Drive, Suite 1600
Newport Beach, CA 92660-6441
b. Address of CITY is as follows:
Nadine Mandery
Treasury Manager
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
or Amy D. Partosan
Administrative Analyst II
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
13. Default/I'erminationofAereement.
CITY and ATTORNEYS shall have the right to terminate this Agreement without cause
by giving fifteen (15) days written notice. However, ATTORNEYS shall not substitute out as
Attomeys of record on any matters it may be representing the CITY without first obtaining
written consent from the CITY, or first obtaining an appropriate Court Order, allowing
ATTORNEYS to withdraw as counsel of record.
14. Limitations Upon AssienmenUSubcontractine.
ATTORNEYS agrees that nc portion of their performance or services rendered under this
Agreement shall be assigned by ATTORNEYS or subcontracted to any other without prior
written authorization and approval ofthe CITY.
15. Non-Discrimination.
ATTORNEYS covenant there shall be no discrimination based upon race, color, creed,
religion, sex, marital status, age, handicap, national origin, or ancestry, in any activity pursuant
to this Agreement.
16. Time of Essence.
Time is of the essence in the performance of this Agreement.
17. Authority to Execute.
The persons executing this Agreement on behalf of the parties warrant that they are duly
authorized to execute this Agreement as herein stated.
18. Attorneys' Proposal.
13-14
This Agreement shall include ATTORNEYS proposal or bid, if any, which is
incorporated herein. In the event of any inconsistencies between the terms of the proposal and
this Agreement, this Agreement shall govern.
19. Entire Agreement.
This Agreement represents the Parties' final and mutual understanding. This Agreement
supersedes any previous Agreements, oral or written.
20. Modification.
This Agreement shall not be modified or replaced except by another signed, written
Agreement, properly executed by the parties.
21. Waiver.
The waiver of any breach or any provision of this Agreement does not waive any other
breach of that term, or any other term, in this Agreement.
22. PartialInvalidiri.
If any part of this Agreement is found for any reason to be unenforceable, all other parts
nonetheless shall remain in force.
23. Governing Law.
This Agreement shall be interpreted and construed in accordance with the laws of the
State of California. Any action commenced regarding this Agreement shall be filed in the
Central Branch of the San Diego Superior Court.
24. Interpretation.
This Agreement shalt be interpreted as though prepared by both parties.
25. Survival.
All obligations arising prior to the termination of this Agreement and all provisions of
this Agreement allocating responsibility or liability between the CITY and ATTORNEYS
survive the termination of this Agreement.
26. Financial Interests.
If ATTORNEYS is designated on Exhibit A, as a Fair Political Practices
Commission ("FPPC") Filer, ATTORNEYS are deemed to be a "ATTORNEYS" for the
13-15
purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall
report economic interests to the City Clerk on the required Statement of Economic Interests in
such reporting categories as are specified in Exhibit A, or if none aze specified, then as
detemtined by the CITY ATTORNEY.
13-16
IN WITNESS WHEREOF, these parties have executed this Agreement on the day and
year shown hereinabove.
Date:
Date:
CITY OF CHULA VISTA
By:
ATTEST:
By:
City Clerk
Date: / ~ ~ '(J
Stradling, Yocca, Cazlson & Rauth
By: ~~
A ison E. B , Shazeholder
Approved as to Form:
Bart C. Miesfeld
City Attomey
l0
13-17
Bart C. Miesfeld
City Attorney
EXHIBIT "A"
TO
LEGAL SERVICES AGREEMENT WITH
STRADLING YOCCA CARLSON & RAUTH
(2009)
STATEMENT OF ECONOMIC INTERESTS
Attomeys:
Not Applicable. Not a Fair Political Practices Commission ("FPPC' Filer.
(X) FPPC Filer.
If Attomeys in the performance of its services under this agreement: (1) conducts
research and arrives at conclusions with respect to its rendition of information, advice,
recommendations or counsel independent of the control and direction of the City or of any City
official, other than normal contract monitoring; and (2) possesses no authority with respect to
any City decision beyond the rendition of information, advice, recommendations or counsel,
Attomeys should not be designated as an FPPC Filer.
If Attomeys are designated as FPPC filers, specify below which disclosure categories apply:
(X) 1. All investments, sources of income and business positions;
(X) 2. Interests in real property;
(X) 3. Investments, business positions, interests in real property, and sources of
income subject to the regulatory, permit or licensing authority of the Public Works
Department;
(X) 4. Investments and business positions in business entities and sources of income
that engage in land development, constmction or the acquisition or safe of real
property;
(X) 5. Investments and business positions in business entities and sources of income
that, within the past two years, have contracted with the City of Chula Vista or the
Redevelopment Agency to provide services, supplies, materials, machinery or
equipment;
(X) 6. Investments and business positions in business entities and sources of income
that, within the past two years, have contracted with the designated employee's
department to provide services, supplies, materials, machinery or equipment;
List the interests in real property within 2 radial miles of Project
Property, if any:
13-18
CITY COUNCIL
AGENDA STATEMENT
~~~~~ CITY OF
CHULA VISTA
MARCH 24, 2009, Item
ITEM TITLE: PUBLIC HEARING FOR THE PROPOSED ASSESSMENT
OF CERTAIN DELINQUENT SEWER SERVICE CHARGES
AS RECORDED LIENS UPON THE RESPECTIVE OWNER
OCCUPIED PARCELS OF LAND AND PLACEMENT OF
DELINQUENT CHARGES ON THE NEXT REGULAR TAX
BILL FOR COLLECTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ASSESSING CERTAIN DELINQUENT
SEWER SERVICE CHARGES AS RECORDED LIENS
UPON THE RESPECTIVE OWNER OCCUPIED PARCELS
OF LAND AND APPROVING PLACEMENT OF
DELINQUENT CHARGES ON THE NEXT REGULAR TAX
BILL
SUBMITTED BY: DIItECTOR OF FINANCE/TREASURER ~~j
REVIEWED BY: CITY MANAGER r~
ASSISTANT CITY NAGER ~T
4/STAB VOTE: YES ^ NO ~X
SUMMARY
In order to adequately protect the City's interest in delinquent sewer service charges and
ensure that collection efforts aze directed towards the responsible property owner in the
event of a change in ownership, staff is recommending approval of liens against affected
properties as a preliminary action to replacing the delinquencies on the property tax rolls
if they remain unpaid. Adoption of this resolution will enhance the collection process for
delinquent sewer service chazges by ensuring that the correct property owners aze
chazged and that payments will be received on a timely basis. This is the identical process
approved by City Council since August 1998.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for
compliance with the California Environmental Quality Act (CEQA) and has determined
that the activity is not a "Project" as defined under Section 15378 (b)(4) of the State
CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA
14-1
MARCH 24, 2009, Item~~
Page 2 of 3
Guidelines the activity is not subject to CEQA. Thus, no environmental review is
necessary.
RECOMMENDATION
Council conduct the public hearing and adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
The 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 bills for collection. The ordinance states that upon notification
of the property owners, a public hearing is set for sewer service accounts which aze over
sixty 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 as 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
pazcels of land, and the amounts aze chazged to the property owners on the next regulaz
property tax bill.
Because charges can only be submitted for placement on the property tax bills once a
year in August, staff is recommending assessing liens on the affected properties midyeaz
as to better ensure the City's chances for collection. If the City were to address these
delinquent chazges only once a yeaz in August, the effectiveness of using the property tax
bill as a means of collection would be significantly reduced as the owners of record in
August would not necessarily be the people responsible for the delinquent charges. In
cases where the properties aze sold or transferred, assessing liens midyeaz holds the
correct parties responsible for the delinquent charges. In cases where the property
owners choose to refmance their mortgages, the midyear liens would ensure the City
receiving payments in a timely manner as the delinquent charges would be paid through
escrow during the refinancing process.
In December 2008, City Council approved 166 delinquent accounts valued at $61,400 to
be placed on the property tax bill for collection. Staff recently identified 1,275 accounts
totaling $543,400 as being over 60 days delinquent and through preliminary collection
efforts, 699 accounts have been resolved, and the remaining 576 accounts valued at
$217,000 aze now being submitted (listing available at the Finance Department). While
many of these property owners have gone through this lien process previously as they
continue to leave their sewer service accounts unpaid, the total number of delinquent
accounts being submitted for the lien process continues to climb.
These property owners have been notified of their delinquencies within the last 60 days,
and two weeks ago, they were notified of the public hearing and were asked again to pay
14-2
MARCH 24, 2009, Item
Page 3 of 3
their delinquent sewer service chazges to avoid a lien being placed on their property.
Payment arrangements will be set up as needed, and staff will continue to update this list
as payments aze received and accounts aze cleazed. A final list will be submitted to the
City Council for consideration on the day of the public hearing in order to reflect the
most current payment postings.
Staff is recommending that the City Council approve the final list of delinquent sewer
accounts as submitted, and that these charges be forwazded to the County and assessed as
liens on the respective owner occupied pazcels 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 and has found no property
holdings within 500 feet of the boundaries of the properties which aze the subject of this
action.
FISCAL IMPACT
By placing delinquent sewer service chazges on the property owner's regulaz tax bill, the
City realized approximately $325,000 in additional sewer fund revenues for Fiscal Yeaz
2007/2008. From this action alone, the City should realize approximately $217,000 in
revenues.
Prepared by: Nadine Mandery, Treasury Manager, Finance Department
14-3
RESOLUTION NO. 2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ASSESSING CERTAIN DELINQUENT
SEWER SERVICE CHARGES AS RECORDED LIENS UPON
THE RESPECTIVE OWNER OCCUPIED PARCELS OF LAND
AND APPROVING PLACEMENT OF DELINQUENT
CHARGES ON THE NEXT REGULAR TAX BILL
WHEREAS, in order to adequately protect the City's interest in delinquent sewer service
charges and ensure that collection efforts aze directed towazds the responsible property owner in
the event of a change. in ownership, staff is recommending approval of liens against affected
properties as a preliminary action to replacing the delinquencies on the property tax rolls if they
remain unpaid; and
WHEREAS, the 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 bills for collection; and
WHEREAS, the ordinance states that upon notification of the property owners, a public
heazing is set for sewer service accounts which aze over sixty days delinquent; and
WHEREAS, at the hearing, the City Council considers the delinquent accounts together
with any objections or protests by interested parties; and
WHEREAS, at the conclusion of the hearing, the City Council, may either approve the
delinquency and amount owed on the accounts as submitted or as modified or corrected by the
City Council; and
WHEREAS, lastly, the City Council adopts a resolution assessing such amounts as
recorded liens upon the respective parcels of land, and the amounts aze chazged to the property
owners on the next regulaz property tax bill; and
WHEREAS, in December 2008, City Council approved 166 delinquent accounts valued
at $61,400 to be placed on the property tax bill for collection; and
WHEREAS, staff recently identified 1,275 accounts totaling $543,000 as being over 60
days delinquent and through preliminary collection efforts, 686 accounts have been resolved, and
the remaining 589 accounts valued at $302,100 aze now being submitted (listing available at the
Finance Department); and
WHEREAS, while many of these property owners have gone through this lien process
previously as they continue to leave their sewer service accounts unpaid, the total number of
delinquent accounts being submitted for the lien process continues to climb; and
WHEREAS, these property owners have been notified of their delinquencies within the
last 60 days, and two weeks ago, they were notified of the public hearing and were asked again
to pay their delinquent sewer service charges to avoid a lien being placed on their property; and
14-4
Resolution No. 2009-
Page 2
WHEREAS, a final list will be submitted to the City Council for consideration on the day
of the public hearing in order to reflect the most current payment postings; and
WHEREAS, staff is recommending that the City Council approve the final list of
delinquent sewer accounts as submitted, and that these chazges be forwazded to the County and
assessed as liens on the respective. owner occupied parcels of land and ultimately placed on the
next regulaz tax bill for collection.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista assesses certain delinquent sewer service chazges as recorded liens upon the respective
owner occupied parcels of land and approves placement of those delinquent charges on the next
regular tax bill.
Presented by
Approved as to form by
Mazia Kachadoorian
Director of Finance
14-5
C. Nliesfe
Attorney
CITY COUNCIL
AGENDA STATEMENT
'• •v~, cmr of
'~CHULAVISTA
MARCH 24, 2009, Item
ITEM TITLE: PUBLIC HEARING FOR THE PROPOSED ASSESSMENT
OF CERTAIN DELINQUENT SOLID WASTE SERVICE
CHARGES AS RECORDED LIENS UPON THE
RESPECTNE PARCELS OF LAND AND PLACEMENT OF
DELINQUENT CHARGES ON THE NEXT REGULAR TAX
BILL FOR COLLECTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ASSESSING .CERTAIN DELINQUENT
SOLID WASTE SERVICE CHARGES AS RECORDED
LIENS UPON THE RESPECTNE PARCELS OF LAND AND
APPROVING PLACEMENT OF DELINQUENT CHARGES
ON THE NEXT REGULAR TAX BILL
SUBMITTED BY: DIRECTOR OF FINANCE/TREASURER ~ /~
REVIEWED BY: CITY MANAGER
ASSISTANT CITY NAGER ~7~
4/STHS VOTE: YES ^ NO ^X
SUMMARY
In order to adequately protect the City's interest in delinquent solid waste service chazges
and ensure that collection efforts aze directed towards the responsible property owner in
the event of a change of ownership, staff is recommending approval for liens against
affected properties as a preliminary action to placing the delinquencies on the property
tax rolls if they remain unpaid. Adoption of this resolution will enhance the collection
process for delinquent solid waste service chazges by reducing the amount of
uncollectible losses and ensure that payment will be received on a more timely basis.
This is the identical process approved by City Council on a regulaz basis since mid- 2001..
ENVIRONMENTAL REVIEW
The Environmental .Review Coordinator has reviewed the proposed activity for
compliance with the California Environmental Quality Act (CEQA) and has determined
that the activity is not a "Project" as defined under Section-15378 (b)(4) of the State
CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA
15=1
MARCH 24, 2009, Item (5
Page 2 of 3
Guidelines the activity is not subject to CEQA. Thus, no environmental review is
necessary.
RECOMMENDATION
Council conduct the public hearing and adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
In November 1998, City Council amended Municipal Code Section 8.24 to eliminate
suspension of solid waste service for nonpayment. To ensure that all residents pay their
fair shaze of the costs of this program, the ordinance allows delinquent solid waste
service charges to be assessed as recorded liens upon the affected properties and
ultimately placed on the property tax bills for collection. The ordinance states that upon
notification of the property owners, a public hearing is set for solid waste service
accounts that aze over ninety 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 as 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 chazged to the property
owners on the next regulaz property tax bill. As these amounts aze collected, the monies
aze remitted to Allied Waste Services less the City's Franchise Fees, AB939 fees and late
chazges.
Because chazges can only be submitted for placement on the property tax bills once a
yeaz in August, staff is recommending assessing liens on the affected properties midyeaz
as to better ensure the City's chances for collection. If the City were to address these
delinquent chazges only once a yeaz in August, the effectiveness of using the property tax
bill as a means of collection would be significantly reduced as the owners of record in
August would not necessarily be the people responsible for the delinquent chazges. In
cases where properties aze sold or transferred, assessing liens midyear holds the correct
parties responsible for the delinquent chazges. In cases where property owners choose to
refinance their mortgages, the midyeaz liens will ensure the City 7eceiving payment in a
more timely manner as the delinquent chazges would be paid through escrow during the
refmancing process.
In December 2008, City Council approved 1,172 delinquent accounts valued at $161,300
to be placed on the property tax bills for collection. Since then, Allied Waste Services
has identified and submitted an additional 2,889 delinquent accounts valued at over
$287,700 to the city for collection. Through the City's preliminazy collection efforts,
1,863 accounts have been resolved, and the remaining 1,026 accounts valued at $149,700
aze now being submitted (listing available at the Finance Department). The account
status and property ownership on these accounts have been verified by both Allied Waste
15-2
MARCH 24, 2009, Item ~5
Page 3 of 3
and City staff. While many of these delinquent accounts have gone through the lien
process before as they continue to remain unpaid, the total number of delinquent accounts
being submitted for the lien process continues to climb.
These property owners were notified of their delinquencies through a series of past due
notices sent by Allied Waste until they were ultimately submitted to the City for
collection. City staff sent out past due letters within the past 60 days, and two weeks ago,
these property owners were notified of the public hearing and were asked to pay their
delinquent solid waste service chazges prior to transmittal of the delinquent account list to
the County to avoid a lien being placed on their property. City staff has been working
with Allied Waste to resolve any customer disputes as they arise and payment
arrangements have been set up as needed. Staff will continue to update this list as
payments are received and accounts are cleazed. A final list will be submitted to the City
Council for consideration on the day of the public hearing in order to reflect the most
current payment postings.
Staff is recommending that the City Council approve the final list of delinquent solid
waste accounts as submitted, and that these chazges be forwazded to the County and
assessed as recorded liens on the respective parcels of land and ultimately placed on the
next regulaz tax bill for collection.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property
holdings within 500 feet of the boundaries of the properties which aze the subject of this
action.
FISCAL IMPACT
By using the property tax bill as the ultimate collection method for delinquent solid waste
service chazges, the City realized a total of approximately $95,000 in Franchise Fees,
AB939 Fees and late charges for Fiscal Yeaz 2007/2008.
From this action alone, the City should realize approximately $28,400 in revenues from
the total $149,700 collected, and the balance of $121,300 would be forwazded to Allied
Waste Services.
Prepared by: Nadine Mandery, Treasury Manager, Finance Department
15-3
RESOLUTION N0.2009-
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 APPROVING
PLACEMENT OF DELINQUENT CHARGES ON THE NEXT
REGULAR TAX BILL
WHEREAS, in order to adequately protect the City's interest in delinquent solid waste
service charges and ensure that collection efforts are directed towards the responsible property owner
in the event of a change of ownership, staff is recommending approval for liens against affected
properties as a preliminary action to placing the delinquencies on the property tax rolls if they remain
unpaid; and
WHEREAS, in November 1998, City Council amended Municipal Code Section 8.24 to
eliminate suspension of solid waste service for nonpayment; and
WHEREAS, to ensure that all residents pay their fair share of the costs of this program, the .
ordinance allows delinquent solid waste service charges to be assessed as recorded liens upon the
affected properties and ultimately placed on the property tax bills for collection; and
WHEREAS, the ordinance states that upon notification of the property owners, a public
hearing is set for solid waste service accounts that are over ninety days delinquent; and
WHEREAS, at the hearing the City Council considers the delinquent accounts together with
any objections or protests by interested parties; and
WHEREAS, at the conclusion of the hearing, the City Council, may either approve the
delinquency and amount owed on the accounts as submitted or as modified or corrected by the City
Council; and
WHEREAS, 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; and
WHEREAS, as these amounts are collected, the monies are remitted to Allied Waste
Services less the City's Franchise Fees, AB939 fees and late charges; and
WHEREAS, in December 2008, City Council approved 1,172 delinquent accounts valued at
$161,300 to be placed on the property tax bills for collection; and
WHEREAS, since then, Allied Waste Services has identified and submitted an additional
2,889 delinquent accounts valued at over $287,700 to the city for collection; and
WHEREAS, through the City's preliminary collection efforts, 1,486 accounts have been
resolved, and the remaining. 1,403 accounts valued at $136,100 are now being submitted (listing
available at the Finance Department); and
15-4
Resolution No. 2009-
Page 2
WHEREAS, the account status and property ownership on these accounts have been verified
by both Allied Waste and City staff; and
WHEREAS, while many of these delinquent accounts have gone through the lien process
before as they continue to remain unpaid, the total number of delinquent accounts being
submitted for the lien process continues to climb; and
WHEREAS, these property owners were notified of their delinquencies through a series of
past due notices sent by Allied Waste until they were ultimately submitted to the City for collection;
and
WHEREAS, City staff sent out past due letters within the past 60 days, and two weeks ago,
these property owners were notified of the public hearing and were asked to pay their delinquent
solid waste service charges prior to transmittal of the delinquent account list to the County to avoid a
lien being placed on their property; and
WHEREAS, City staff has been working with Atlied Waste to resolve any customer disputes
as they arise and payment arrangements have been set up as needed; and
WHEREAS, staff will continue to update this list as payments are received and accounts are
cleared; and
WHEREAS, a final list will be submitted to the City Council for consideration on the day of
the public hearing in order to reflect the most current payment postings; and
WHEREAS, staff is recommending that the City Council approve the final list of delinquent
solid waste accounts as submitted, and that these chazges 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.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista assesses certain delinquent solid waste service charges as recorded liens upon the
respective owner occupied pazcels of land and approves placement of those delinquent chazges
on the next regular tax bill.
Presented by
Maria Kachadoorian
Director of Finance
15-5
Approved as to form by
CITY COUNCIL
AGENDA STATEMENT
~`,,,~;~ cIIY of
CHULA VISfA
Mazch 24, 2009 Item Ito
ITEM TITLE: PUBLIC HEARING TO REVIEW THE CITY'S HOUSING
AND URBAN. DEVELOPMENT FEDERAL GRANT
PROGRAMS FOR 2009/2010 (COMMUNITY
DEVELOPMENT BLOCK GRANT, HOME INVESTMENT
PARTNERSHIP ACT AND EMERGENCY SHELTER
GRANT)
SUBMITTED BY: DEPUTY CITE' MANAGER /DEVELOPMENT SERVICES
The City has received and reviewed funding applications for the Community
Development Block Grant (CDBG), the Home Investment Partnerships Act (HOME) and
the Emergency Shelter Grant (ESG) Funds. This item will provide the public with the
opportunity to provide input on the community's housing and community development
needs. Staff will also offer Council funding level recommendations for all eligible
projects/programs for the 2009/2010 fiscal yeaz.
DIRECTO
REVIEWED BY: CITY MANAGE
4/STHS VOTE: YES ~ NO X^
SUMMARY
ENVIRONMENTAL REVIEW
At this time, no action is requested to fund specific activities; thus, no environmental
review is necessary. Once Council selects which activities to fund, the Environmental
Review Coordinator will review the proposed activities for compliance with the National
Environmental Protection Act (NEPA) and will deternune the level of environmental
review necessary for each individual project.
RECOMMENDATION
That the City Council conduct the public hearing to review and accept public comment
on the funding proposals received for fiscal yeaz 2009/2010 CDBG, HOME, and ESG
grant programs, and provide direction to staff on the draft funding recommendations.
16-1
Mazch 24, 2009, Item ~ ~
Page 2 of 5
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
As an entitlement community with the Department of Housing and Urban Development
(HUD), the City receives funds under three of their block grant programs: CDBG, ESG,
and HOME. The entitlement amounts allocated to jurisdictions aze determined using a
formula based on statistical and demographic data. The funds aze to be expended to
provide decent housing, a suitable living environment, and to expand economic
opportunities, principally for low- and moderate-income persons. Each entitlement
community develops their own programs and funding priorities.
Due to a delay in Congress, the fmal 2009/2010 HUD Budget has not been passed.
Therefore the City has not been notified of the upcoming allocation amounts. The City
has been advised by HUD staff to assume a 2% reduction from prior yeaz funding. Refer
to Attachment 1, "2009/2010 Federal Grants Budget" for total funding levels.
Each yeaz the City undertakes a process to solicit requests and approve programs and
projects for these grant funds, and similaz to previous years will include both requests for
funding from various City departments and local organizations. The purpose of this
public heazing is to offer residents, non-profit organizations and other interested parties an
opportunity to provide input on the 2009/2010 proposals received as well as funding
recommendations (Attachment 2 - "2009/2010 Federal Grants Funding Requests and
Recommendations").
Accompanying this report is the 2009/2010 Federal Grant Funding Application Notebook
(Attachment 3), which compiles all funding categories:
~ Administration/Planning
~ Public Services;
~ City Capital Improvement and Public Facility projects;
~ Housing; and, Emergency Shelter Programs.
The Notebook describes in greater detail all the grant requests for funding received on an
annual basis. The Notebook is on file in the City Clerk's office and was distributed to
City Council under sepazate cover on Mazch 18, 2009, to provide adequate time for
review.
On February 17 of 2009, the American Recovery and Reinvestment Act of 2009
(Recovery Act) was signed into law to jumpstart our economy through various federal
grants including the City's CDBG and ESG program. The City has been notified that the
City will receive an additional $549,017 under the CDBG program and $819,738
specifically designated for homeless prevention programs. Regulations for the
administration of the newly identified funds have not been fmalized. For this reason,
these funds will not be allocated through this funding cycle. Staff will be returning to
Council at a later date to allocate the new funds.
16-2
Mazch 24, 2009, Item) i~
Page 3 of 5
There may also be opportunity to apply for other Recovery Act funds. A cross-
departmental outreach effort to educate the community on potential funds available
through the Recovery Act and to receive input on the priority criteria for project selection
is scheduled for later this month. The City Council will be included in this effort at a
workshop scheduled not yet scheduled.
Community Development Block Grant (CDBG)
In order to be eligible for this block grant funding, a project must address at least one of
the following CDBG national objectives:
~ Benefit primarily low and moderate income families;
~ Aid in the prevention or elimination of slums or blight; and,
~ Meet other community needs having a major emergency (disasters, etc.).
The total amount of CDBG funding requested is summarized below. It should be noted
that the total amount of requests exceeds the amount available by over $300,000.
Public Services $576,003 15% Cap- allowable budget: ($285,858)
$290,144
Capital Improvement and $1,320,000 $1,257,292 ($62,708)
Public Facility Projects
Subtotal
Administration and $425,859 20% Cap-allowable budget: ($29,000)
Planning $396,859
TOTAL
+R Public Services Proeram: The City may allocate up to fifteen percent (15%) of the
CDBG entitlement amount to public service programs, based on a cap of the
entitlement funds. Public service activities include but aze not limited to: employment
services, child caze, health services, substance abuse services, welfaze and recreation
needs.
Staff provides funding recommendations based on the funding priorities established in
the Consolidated Plan. Along with the funding priorities, staff also established
additional criteria in response to the current economic state, achieving a funding plan
which best meets the needs of our community. The funding methodology consists of
a three-tier approach, classifying each of the activities in the following three
categories:
Tier I: Basic/Essential Needs (Food, Housing, Emergency Services)
Tier II: Special Needs (At-Risk Youth, Family Violence, Special Needs/Disabled)
Tier III: Other (General)
16-3
March 24, 2009, Item ~~
Page 4 of 5
All funding requests received for the public service programs aze CDBG-eligible
as they meet the national objective to primarily benefit low-income families.
Available funding was distributed based on this priority system. Staff is
recommending that applicants in Tier I and Tier II receive the same amount of
funding as in 2008/2009. Anew program, the San Diego Food Bank -Food 4
Kids Backpack Program, has been included in this category as it is deemed a Tier I
program by providing an essential need and is being recommended for
approximately half of the amount of their request. As it is a new project, staff
recommends a small pilot project to gauge performance in the first yeaz. Based on
remaining funds, staff is recommending funding Tier III applicants receive 74% of
their prior yeaz funding. Any applicant who was not a prior yeaz recipient and not
a Tier I program was not recommended for funding this program yeaz.
~ Canital Improvement and Public Facilities: This category includes five requests
.including $637,370 for principal and interest payments on a $9.5 million Section 108
Loan which is being used for infrastructure improvements in the Castle Park Area.
This leaves $619,922 available for capital improvement and public facility projects.
This category does not have a funding cap limit, but is limited by available funds.
Capital Improvement Projects may include acquisition, construction or
installation of eligible public facilities improvements (except for buildings
for the general conduct of government). Improvements include streets,
sidewalks, curbs, gutters, parks, playgrounds, water/sewer lines and
flood/drainage improvements.
~ Administration and Plannine: The City may allocate up to twenty percent (20%) of the
CDBG entitlement amount to administration and planning activities. The funds cover
all staff costs associated with the management and administration of Chula Vista's
CDBG program, including preparation of all planning documents, regulatory
compliance, contract administration, monitoring and fiscal management. In addition, a
portion of the administration funds is used for fair housing services and contractual
homeless administrative services.
HOME Investment Partnership Act Program (HOME)
Approximately $899,000 in HOME funds will be received for fiscal yeaz 2009/2010.
HOME funds may be used to provide affordable rental housing and home ownership
opportunities through:
• New construction;
• Acquisition;
• Rehabilitation;
• First time homebuyer assistance; and,
• Tenant-based rental assistance.
In past years the City has used these funds to support aFirst-time Homebuyer program,
rental assistance, and new constructionlacquisition activities related to the development of
affordable housing. HOME funds will be set-aside to assist qualified developers in the
production of affordable housing. Apre-commitment of funding for the Landings II was
16-4
Mazch 24, 2009, Item~lo
Page 5 of 5
already approved by the City Council on 2/3/09. The project is still pursuing permanent
financing. If successful, the allocation of funds for that project will be brought forward to
City Council before June 30, 2009.
Emergency Shelter Grant Program (ESG)
Chula Vista will receive ESG entitlement funds in the amount of $87,879 for fiscal yeaz
2009/2010 through the regulaz annual entitlement process. The City received one
proposal from South Bay Community Services, a local homeless service provider, for the
use of these funds. As previously mentioned, the City will receive additional ESG
funding in the amount of $800,000 through the Recovery Act for the purpose of providing
homeless prevention services. These funds will be allocated once the regulations are
established through an amendment to the Action Plan in June 2009.
DECISION MAKER CONFLICT
Staff has determined that the activities under the Administration and some Public Service
programs of the CDBG, HOME and ESG programs aze not site specific and consequently
the 500 foot rule found in California Code of Regulations section 18704.2(a)(1) is not
applicable to this decision.
However, several Public Services programs and Capital Improvement and Community
Enhancement projects aze site specific. For this reason, Staff reviewed the property
holdings of the City Council and found no property holdings within 500 feet of the
boundazies of the projects and programs.
FISCAL IMPACT
The City will receive a total of $1,934,295 in combined federal grant funds from the U.S.
Department of Housing and Urban Development for the CDBG, HOME and ESG grant
programs. These funds will be used to provide: public services; housing services;
complete capital improvement projects; produce affordable housing; and, aid the
homeless. There is no cost to the City's General Fund as project and staff costs aze
covered by the grants.
ATTACHMENTS
Attachment 1: 2009/2010 Federal Grants Budget
Attachment 2: 2009/2010 Federal Grant Summary of Requests and Recommendations
Attachment 3: 2009/2010 Federal Grant Funding Application Notebook (On file in the
City Clerk's office, and to provide the City Council with adequate time for review, the
Application Notebook was provided under sepazate cover on March 18, 2009)
Prepared by: Angelica Davis, Redevelopment and Housing Project Coordinator II,
Development Services Department
16-5
FY 2009/2010 FEDERAL GRANTS BUDGET
Department of Housing and Urban Development
Community Development Block Grant (CDBG)
Home Investment Partnership Act Grant (HOME)
Emergency Shelter Grant (ESG)
Attachment No. 1
16-6
2009/2010
Federal Grants Funding Requests and Recommendations
CDBG ~ HOME ~ ESG
Regional Task Force on the
1 Homeless Task Force on the Homeless $ 1,000 $ 1,000 $1,000
2 Redevelopment and Housing Fair Housing Counseling Services $ 35,000 $ 35,000 $35,000
3 Fair Housing Council of San Diego Fav Housing Audt Services $ 39,000 $ - $10,000
CDBG Program Planning and
4 Redevelopment and Housing Administraton $ 35Q,859 $ 358,754 $340.859
Total Re uested and Recommended $ '425,859 $386,859
Surplus/Shortfall $ (39,000) $0
,,,:: ~ ..,. uo~, .., ,.., y, . .. .. .. ~:..~.,;.
"•~~~~' S Meals on Wheels Meals-On-Wheels Chula Vista $ 13,000 $ - $12,00
E - ...
6 Lutheran Social Services Project Hand $ 24,000 $ 7,380 $7,38
f: u 7 Lutheran Social Services Caring Neighbor $ 24,000 $ 20,000 $20,00
r La:E
8 South Bay Community Services Family Violence Treatment $ 50,000 $ 34,000 $34,00
) 9 South Bay Community Services Thursdays Meal $ 11,000 $ 10,000 $10,00
~" 10 Interfaith Shelter Network Interfaith Shelter Network - $ 10.350 $ 10,350 $10,35
I I San Diego Food Bank Food 4 Kids Backpack Program $ 31,663 $ $15,00
12 Chazles Cheneweth Foundation Community Access Program $ 15,000 $ 11,000 $11,00
- ~ 13 Chula Vista Recreation Dept. Therapeutic Recreation Services $ 133,068 $ 17,936 $17,93
YMCA Youth Development
~". 14 YMCA of San Diego (South Bay) Programs $ 30,000 $ 29,854 $29,85
;~ ~. Youth Services for High-Risk
15 South Bav Community Services Youth $ 39,550 $ 39.550 $39.55
:
.~ i South Bay Adult Day Health Care
~
~ 16 Adult Protective Services Transportation $ 11,000 $ 11,000 $8,855
,.5
~;i(~"'is Chula Vista Community Chula Vista Family Assessment and
FP:
+'~~;
^
17
Collaborative
Referral
$
45,000
$
35,000
$28,172
;:;
',ar,
Family Health Centers of San
' 18 Diego KidCare £xpress Mobile Urut $ 30,000 $ 27,000 $21.73
~" 19 Los Niilos Project EVE $ 25,300 $ - $
~ Chula Vista Veterans Home
,'
~'" 20 Support : Rehabilitation Services $ 3,600 $ 3.500 $2,81
, Community Medical Non-emergency Medical
~
j ... °' 21 Transportation Transportation $ 35,000 $ - $
Boys and Girls Club of Chula
2.2 Vista Safe Kids Transportation Services $ 25,912 $ 14,413 $11,60
23 Chula Vista Recreation Dept. WizKidz Program $ 18,560 $ 12,299 $9,9
Total Re uested and Recommeoded $ 576,003 $290,144
Surplus/Shortfall $ (285,859) $0
**
**
tx
Attachment No. 2
16-~
2009/2010
Federal Grants Funding Requests and Recommendations
(Coufiuued)
24 Engineering _ ADA Curb Cut Program $ 505,000 $ 390,000 $504,92
25 Finance Department Section 108 Payment - Yeaz Two $ 635,000 $ 637,370 $637,37
26 MAAC.Project - Telecommunication System S. 30,000 $ - $
Family Health Centers of San Chula Vista Family Health Center.
27 Diego Expansida $ 40,000 $ 30,000 $
South Bay Regional Homeless
28 South Bay Community Services Center $ 175,000 S - $115,00
Total Requested and Recommended $ 1.325,000 $1157,292
29 Redevelopment and Housing
30 Redevelopment and
HOME Program Planning and
Administraton $
Production of Affordable Housing $
88,000 $ 89,949
93,548 $ 809,545
Surplus/Shortfall $
* Applicant did not receive funding in 2008/2009: however did recive funding in 2007/2008
* * Denotes new applicant
* * * Funding Methodology (Tiers I, II and III)
Tier 1: Basic Needs (Food, Housing, Emergency Services)
Tier 2: Special Needs (At Risk Youth, Family Violence, Special NeedstDisabled)
Tier 3: Other (Genemq
Attachment No. 2
16-8
Attachment 3
2009/2010 Federal Grant Funding Application Notebook
Previously distributed with Info Memo on 3/18/09
16-9
CITY COUNCIL
AGENDA STATEMENT
a'M°~ ~~
\`~~/
~ CHULA VISTA
3/24/09, Item /~
ITEM TITLE: PUBLIC HEARING TO CONSIDER WANING LRREGULARITIES
IN THE BID RECENED FOR THE "PAVEMENT
REHABILITATION PROGRAM (DIG-OUT) FY 07/08 (STL-335A)"
PROJECT PER CITY CHARTER SECTION 1009
SUBMITTED BY:
REVIEWED BY:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA WAIVING II2REGULARITIES, ACCEPTING BIDS AND
AWARDING CONTRACT FOR THE "PAVEMENT
REHABILITATION PROGRAM (DIG-OUT) FY 07/08 (STL-335A)"
PROJECT TO FRANK AND SON PAVING, INCORPORATED IN
THE AMOUNT OF $1,903,250.49 AND AUTHORIZING THE
EXPENDITURE OF ALL AVAILA FUNDS IN THE PROJECT
DIRECTOR OF PUBLIC WORKS
CITY MANAGER ~+ ~ ~ ~ ~ ~
ASSISTANT CITY MANAGER Gj
4/STHS VOTE: YES ^ NO
SUMMARY
On February 25, 2009, the Director of Public Works received sealed bids for the "Pavement
Rehabilitation Program (Dig-Out) FY07/08 (STL-335A)" project. The work consists of the
removaUreplacement of failed asphalt pavement, crack filling, weed removal and treatment with
herbicide, on various pavement locations in the City. Other work includes the replacement of
damaged traffic signal loops, striping, pavement markings, traffic control, other miscellaneous
work, and all labor, material, equipment, and transportation necessary for the project. The
proposed actions would waive a minor bid error, as prescribed in Section 1009 of the City
Charter, award the contract to Frank & Son Paving, Inc. of Chula Vista, and authorize the
Director of Public Works to expend all available funds to maximize the amount of pavement
maintenance work performed.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act (CEQA) and has determined that the project qualifies
for a Class 1(c) categorical exemption pursuant to Section 15301, Existing Facilities, of the State
CEQA Guidelines. Thus, no further environmental review is necessary.
17-1
3/24/09, Item1Z
Page 2 of 4
RECOMMENDATION
Council conduct the public hearing and adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
Included in the FY07/08 CIP Budget is a project to rehabilitate deteriorating pavement
throughout the city. The Public Works Department, through the Pavement Management System,
developed a priority list of streets to be included in the program. The dim out project is a vital
component of the maintenance strategies under the FY07/08 Pavement Rehabilitation Program.
The purpose of this dig-out project is to remove and replace damaged areas of streets, including
crack filling and the application of herbicide (weed removal), at various locations in the City.
This dig-out project is the first phase of work that must be done prior to the completion of the
overall maintenance strategies. At the completion of this project, the appearance of the
pavement surface will appear "patch-like" until the next phases of maintenance strategies are
performed. In the summer/fall of 2009, subsequent to the completion of this dig-out project, the
next project phase will begin to address the application of specific maintenance strategies at
these same locations. These strategies will include the application of an AC overlay, chip seal,
or a REAS slurry seal.
This dig-out project includes subgrade preparation, striping and pavement markings, traffic
signal loops, traffic control, and other miscellaneous work, and all labor, material, equipment,
and transportation necessary for the project. Attachment 1 shows the list of streets included in
the project.
On February 25, 2009, the Director of Engineering received ten bids for the "Pavement
Rehabilitation Program (Dig-Out) FY07/08 (STL-335A)" project. Staff carefully reviewed all
submitted bids and determined that the bid submitted by Frank & Son Paving, Inc., the apparent
low bidder, contained a mathematical error that favors the City's interest and was not significant.
Frank & Son Paving, Inc. submitted a letter acknowledging the mathematical error and agreeing
to honor the lump sum bid price as submitted (Attachment 2). Not waiving the error will cost the
City $200,063.51, the difference between the first and second lowest bidder, which is very
significant. Tonight's action will waive the irregularities in the bid, as provided in Section 1009
of the City Charter, and award the contract to the lowest bidder, Frank & Son Paving, Inc. The
following bids were received:
17-2
3/24/09, Item / 7
Page 3 of 4
CONTRACTOR B(D AMOUNT
1. Frank & Son Paving, Inc. -Chula Vista, CA (Corrected) $1,903,250.49
2. D&L Wheeler Enterprises -Yucaipa, CA $2,103,314.00
3. Sim JHarris -Diego, CA $2,360,727.00
4. Southland Paving, Inc. -Escondido, CA $2,475,277.00
5. J.D Paving, Inc. -San Marcos, CA $2,517,766.40
6. Hazdy & Harper Inc. -Santa Ana, CA $2,636,241.00
7. Hazard Construction -San Diego, CA (Corrected) $2,673,105.00
8. ABC Canst. Inc. -San Diego, CA $2,716,100.00
9. SRM Contracting & Paving, Inc. -San Diego, CA $2,758,920.00
10. Koch-Armstrong General Engineering -Lakeside, CA $3,048,210.00
The low bid submitted by Frank & Son Paving, Inc. of Chula Vista, CA is below the Engineer's
estimate of $3,033,005.90 by 51,129,755.41 (37.25% below the Engineer's estimate); much of
this decrease can be attributed to the decrease in, and current volatility of, oil prices and the
downturn in the general construction market. Design staff has verified the references provided
by the contractor and has found their work to be satisfactory. Frank & Son Paving, Inc. has also
satisfactorily completed past CII' projects for the City. The Contractor's License No. 0612545 is
current and active.
The proposed resolution would also (1) authorize the expenditure of all available funds to
complete streets on a supplemental list contained in Attachment 1 as "Additional Street Section,"
and (2) increase the Director of Public Works' cumulative change order authority specified in
City Council Policy No. 574-01 and authorize the Director of Public Works to expend all
available funds in the project without further City Council action to complete as many streets as
possible from the supplemental list and to address contract change orders necessitated by the
discovery of unforeseen conditions. Unforeseen conditions (i.e. poor subgrade, unknown utility
conflicts, increase in dig-out quantities, etc.) may require contract change orders for items of
work not anticipated during preparation of the project specifications or may require an increase
in contract quantities. This is typical with all pavement rehabilitation projects.
Disclosure Statement
Attachment 3 is a copy of the Contractor's Disclosure Statement.
Wade Statement
The source of firnding for this project is TransNet funds. Contractors bidding this project are not
required to pay prevailing wages to persons employed by them for the work under this project.
Disadvantaged businesses were encouraged to bid through the sending of the Notice to
Contractors to vazious trade publications.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that the decision
concerns repairs, replacement, or maintenance of existing streets or similaz facilities and,
therefore, there is not a material financial effect of the decision on the property holdings of the
i7-3
3/24/09, Item ~7
Page 4 of 4
City Council Members pursuant to California Code of Regulations sections 18704.2(b)(2) and
18705.2(b)(1).
FISCAL IMPACT
There is no impact to the General Fund as there are sufficient funds necessary to complete the
project.
FUNDS REQUII2ED FOR CONSTRUCTION
A. Contract Amount $1,903,250.49
B. Contingencies (20%) $ 380,399.51
C. Staff Time & Testing Costs
Construction Inspection (6.25%) $142,750.00
Design/Construction Management (6.00%) $137,050.00
Survey Work (0.50%) $11,425.00
Planning/Environmental/Traffic/Landscape/Public Works (0.85%) $19,425.00
Soil & Material Testing (L~%) $28,500.00
D. Supplemental List ("Additional Street Section" in Attachment I), $1,067,200.00
includin Associated Staff Time & Testin Costs for Increased Sco e
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $3,700,000.00
Sufficient TransNet funds are available in the STL-335 project account to complete the work.
Upon completion of the project, the improvements will require only routine City street
maintenance.
ATTACHMENTS
1. List of streets included in project, including supplemental list ("Additional Street Section")
2. Frank & Son Paving, Inc. letter dated March 6, 2009
3. Contractor's Disclosure Statement
Prepared by: Roberto Juan, Associate Engineer, Public Warks Department
M:\General Services\GS Administration\Council Agenda\STL335A Dig-Outs\STL335A Pavement Rehab (Dig-Out) AI33 - KPA FinaLdoc
17-4
PAVEMENT REHABILITATION PkOGRAM (DIG-OUT) FY07/OB
(STL335A)
J
I
Cn
A STREET LOCATION LENGTH
(FT) WIDTH
(FT) C-D-S
(SF) AREA
(SF ESTIMATED DIG-OUT CRACK FILL
BEGIN ENO )
EST. (SF)
EST. (TN)
1
2
3
4
5 PHASE 1 -LEFT OVER FR
EASTLAKE PKWY(N/B)
EASTLAKE PKWY (SIB)
EAST NAPLES ST (W/B)
FAST NAPLES ST EIB
HERITAGE RD (S/B) OM STL340D. MUST B
TRINIDAD COVE
OTAY LAKES RD
MELROSE AV
TOBWS DR
MAIN ST E COMPLETED FIRST
OTAY lAKE5 R0
TRINIDAD COVE
TOBIAS UR
MELROSE AV
5 CITY LM{RS
4,55x.oa
9,550.00
10,J0000
10,J00.00
4,900.00
34.00
31.00
18.00
18.00
85.00
154,700.00
154,700.00
185,400.00
185,400.00
288,00000
72,378.00
12,37fi.00
19832.00
14 832.00
22,880.00
484.10
484.10
558.20
55B.2o
858.00
e
7
8
e
10 WUESTE RU
SECOND AV N/B
SECOND AV SIB
SECOND AV (S/B)
SECOND AV NIS OLYMPIC PKWY
LST
FST
N CITY LIMITS
FST SOUTH CITY LIMBS
FST
LST
FST
N GIIY LIMITS 8,748.00
7,920.00
7,820.00
5,700.00
5,7x0.00 25.00
18.00
18.00
18.00
18.00 243,850.00
142,580.OD
/42,fi8o.00
102,800.00
102,600.00 18,482.00
11,404.80
11,404.80
0,208.00
B,2oB.0o 730.95
427.88
927.99
J07.B0
707.80
it FOURTH AV (NIB L 5T JST 2,640.00 32.00 84,480.00 8,758.90 2fi3.44
12 FOURTH AV (SIB JST LST 2,64000 32.00 B4,/80.00 6,758.90 253.94
13 EAST 30TH ST WCIIY LIMITS NORTI{SECONOAVE 822.00 61.00 52,80000 4,208.84 167.82
1,921,738.00 153,739.04 6 765.21
PHASE 2 -NORTH OF L S TREET WEST OF 1-905
14 ALPINE AV NALPINE-MINOT AV SAIPINE-MINOT AVE 980.00 33.00 - 32,340.00 2,58].20 B48B YES
15 ALPINE AV NALPINE-MINOT AV SALPINE-MINOT AV 1,175.00 33.00 JB,775.00 3,102.00 77.55 YES
18 CASRAS CT FIRST AV CDS 403.00 27.00 10,881.00 B]O.gB 27.78 VES
17 CLAIRE AV EHST EWIIITNEY ST 68300 38.00 28,33400 2,108.72 528] YES
1B COLORADO AV JST KST 1,32100 33.00 43,fi83.00 3,487.99 B7.1B YEB
1B DST CORTE MARDI AV HILLTOP DR ¢6200 27.00 17,87400 1,42882 3575 YES
20 DST FIRST AV CORTE MARIAAV 782.00 27.00 20,574.00 1,695.82 41.15 YES
Ti GATE AV 1ST COS 332.00 33.00 10 95800 878.48 21.81 YES
22 DAVIDSON ST DEL MAR AV SECOND AV 862.00 35.00 23,170.00 1,85780 48.34 YES
2J DEL MAR AV JST KEARNEY ST 658.00 27.00 17,766 00 1,421.28 35.63 YES
24 FIG AV UAVIDSON ST - END OF STREET 321 00 43.00 1J,B03.00 1,104.24 27.fi1 YES
26 FIG AV EST OAVIUSON ST 88700 38.00 23,888.00 1,809.49 47.74 YES
ZB E FLOWER ST BONNA ST HILLTOP OR 1,580.00 J7.00 67,720.00 4,617.80 115.44 YES
27 GUAVA AV NCDS HALSEY ST 427.00 33.00 11,081.00 1,127.28 28.18 YES
28 GUAVA AV HALSEY BT SCDS 95700 27.00 12,23100 B7B.48 1UB YE5
28 JEFFERSON AV SIERRA WY LST 67800 33.00 22,J08.00 1,784.84 44.82 VES
30 KIMBALL TE WCDS THIRD AV 581 DO 27.00 15,N7.oD 1,211.78 30.28 VES
31 LANUIS AV EST DAVIDSON ST 874.00 J7.00 24,838.00 1995.04 48.88 YES
32 MURRAV ST SECOND AV COS 608.00 33.00 20,087.00 1,607.78 40.19 YES
33 OAKUWN AV K ST LST 7 ]26.00 34.00 45,004.00 3,808.72 90.17 VES
34 OTIS ST SMITH AVE FIFTIT AV 678.00 34.00 23,052.00 1,844.16 48.10 YES
35 EAST PARK LN DAVIDSON ST FST 880.00 21,00 13960.00 1,1 OB.BO 27.72 YES
38 SEA VALE ST SEA VALE ST SECOND AVE 880.00 4000 28,100.00 2,11200 52.80 YES
37 SIERRA WY FOURTH AV ECOS 823.00 33.00 20,55900 1944.72 91.12 YES
30 DAY BL EST FST 1,377.00 34.00 98,818.00 3,745.44 83.84
39 BAV BL J Si LST 2,7Ba.ox 42.00 118,76x.00 8,340.80 23J.52
~^
r
J
OJ
~ STREET LOCATION LENGTH WIDTH C-0-S AREA ESTIMATED DIG-0UT
FT GRACK FILL
(
( (FT( (SF) (gF(
BEGIN END EST. (SF( EST. (TN)
40
41 BAY BL L ST I-5 FREEWAY RAMP 719 00 54.00 38,558.00 3,084 4B 77.11
FST SECOND AV I1ILLTOP OR 2,635.00 37.00 87995 DD 7]89.6( 1 184
98
42 THIRD AV DST EST 1,325.x0 82.00 82,15000 6
572
00 .
248
95
43 THIRD AV J ST L ST 2,643.00 81.00 761,223.00 ,
.
12,887.84 .
983.87
PHASE 3 -SOUTH OF L S
TREET WEST OF I-805 1,778,423.00 89,473.84 2,480.22
94 ALPINEAV NAPLES ST EMERSON ST 66000 22.00 79,620.00 1
781.80 28
04 VES
45 ANITA ST 413'E/O FRONTAGE RO INDUSTRIAL BL 913.00 21.00 8,67300 ,
883.84 .
35
17 YES
48 BISHOP ST FIRST AV TOBV15 DR 681 00 33.00 21,81100 1,745.04 .
9183 YES
47 OEL MONTE AV ZENITH ST MAIN ST 387 uo 39,00 72,959.00 1 x36.32 25.81 YES
4B EMERSON ST W CDS FOURTH AV 37J.00 34.00 12,882.00 1,014.56 25
38 YES
48 FANRE ST W. CO6 JACOUA 5T SB2.00 2200 12,801.00 1,024 J2 .
25
81 YES
50 FIFTH AV ARI7.ONA ST PETEO CT 301.00 37.00 11,137.00 BB0.88 .
22
27 YES
51 FIFTH AV NAPLES ST QUEEN ANNE DR 825.x0 55.00 45,375.00 3
830.x0 .
8075 VES
52 FIFTH AV OXFORD ST SHY LN 330.00 50.00 18,500.00 ,
1,320.00 33.00 YES
53 GENTRY WY
~ TOBIAS OR EC05 905.00 27.00 10,935.00 874.80 21 e7 YE5
54 fiEL1X AV E NAPLES ST E EMERSON 5T 6]0.00 JJ.00 22,110.00 7,788.80 91
22 YES
fi5 HELIX WY E RIENS7RA ST RIVERA PL 262.00 3100 B,BgB 00 681.88 .
17
28 YES
66 JOSSELYN AV E O%FORD ST E ONEIDA ST 587.00 3J.00 19,J71.00 1,598.88 .
38
74 YES
57 LEANNA ST HELI%AV ECOS 565.00 3100 78,645.00 7,981.80 .
37
28 VES
5B MADISON AV KST SIERRA WY 652.00 33.00 21518.00 1,721.28 .
43
03 YES
59 OAK CT WCDS NACION AV 18500 33.00 8,105.00 488.10 .
12.21 YES
BO PEARLW000 ST SPRUCE ST MOUNTAIN VIEW LN 599.00 33,00 18,117.00 1,948.36 36
23 YE5
8} PEARLWOOD ST MOUNTAIN VIEW LN NACION AV 275.00 33.00 Ba75.Ox 72000 .
78.75 YES
82 PROSPECT CT TOBIAS DR N COS 481.00 3J.00 18,203.00 1,29fi.24 32.41 YES
83 OUINTARD ST SECOND AV FIRST AV 1318.00 g7,p0 81,946.00 9855.88 723.88 YES
e4 OUINTARD ST FIRST AV TOBIAS DR 662.00 36x0 25,158.00 2,012.48 50.37 YE5
85 RIGS AV OTAY VALLEY RD SEND 860.00 27.00 23,22000 1957.80 98.44 YES
BB STELIA ST BAY RL FRONTAGE ROW 530.00 32.00 18,86x.00 7,356.80 33.82 VES
87 SYCAMORE OR LOTUS Oft ORANGE OR 177.00 30.00 5,310.x0 q2/.BO 70.92 YE5
BB TOBIAS OR GENTRY WY ORLANDO CT 478.00 30.00 17,20800 1,378.84 34.42 YES
89 ZENITH ST FOURTH AV FRESNO AV 722.00 38.00 27,036.00 2,18188 64
87 YES
70 EMERSON ST HILLTOP OR W COS 370.00 3J.00 2,800.00 15,010.00 1,200.80 .
30
02
77 VISTA WY NAPLES 5T EMERSON ST 600.00 33,00 79,800.00 1 SBq.00 .
39.80
72 FOURTH AV KITTIWAKE LN MOSS ST 983.00 72.00 35,498.00 2,83088 708.49
73 L ST BAY BLVD DROADWAY 2,58100 55.00 190,885.00 11,277.20 422.80
79 LgT FIRSTAV HILLTOP DR 7,342.00 61.00 81,86200 8,548.96 245.58
76 E L ST HILLTOP OR HELIX AV 2,123.00 82.00 131,82600 10,530.08 39408
78 OXFORD ST O%FORD ST ALPINEAV 0.00 0.00 0
00
A TELEGRAPH CYN RD L 5T I -805 FREEWAY RAMP 311.D0 8200 18,28200 1
612.58 .
57
85
78 TELEGRAPH CYN RD MELROSE AV LST 1,18000 8600 77,350.00 ,
6,188.00 .
232
05
78 THIRU AV NAPLES ST PALOMAR ST 2,697.00 87.00 181,987.00 12,917.J6 .
484.40
7,167,275.00 93,382.00 2,962.60
J
1
v
~ STREET LOCATION LENGTI{ WIDTH C-D-S AREA ESTIMATED DIG-OUT
(FT)
(FT)
SF
SF CMGK FILL
DEGIN
ENO (
) (
)
EST. (SF)
EST. (TN(
PHASE 4 -SOUTH OF TE LEGRAPH CANYON RO AD EAST OF 1-005
BO BERlANO WY WILLOWCREST WY LORI LN 1 913.00 33.00 59,928.00 9,788.32 178.88 YES
B7 ENERGY WY NIRVANA AV ECDS 2,769.00 50.00 108,450.00 8,878.00 218.90 YE5
82 LA SENDA WY E J ST BUEN TIEMPO RD 7,355.00 33.00 44,715.00 7,577.20 BB.43 YES
83 IAGUNA POINT CT W CDS PT BARROW OR 218,00 18.00 4,772.OD 376.86 8.42 YES
B4 MALIBU POINT CT ~ N COS PT BARROW OR 228.00 78.00 4 ]32.00 348.58 8.68 YES
BS MORRO POINT DR POINT CAIMAN CT POINT LA JOLLA Dft 788.00 28.00 5,452.OD 938.16 10.80 YES
BB NIRVANA AV ENERGY WV MAIN ST 7,776.00 49.00 87,029 00 8,881.92 174.05 YES
87 OCALA AV TAMARACK ST TANBARK ST 7,172.00 33.00 38,676.00 3,094.00 77.35 YES
BB OLIVE AV TALLOW CT TAMAMCK ST 45D.00 33.00 14,850.00 7,i 88.00 29.70 YES
B9 POINT OUME CT N CDS POINT BARROW OR 242.00 18.Oa 4,5930D 387.89 9.20 YES
BO POINT HUENEME CT N CDS POINT BARROW OR 238.00 18.00 4,622.00 387.76 9.04 YES
81 POINT IA JOLLA OR BRANOYWINE AV MORRO POINT DR 7,703.00 30.00 33,090.00 2,647.20 68.18 YES
92 SEAL POINT CT NW CDS TORTUGA POINT OR 320.00 20.00 6,40p.00 512.00 /2.80 YES
93 THRUSH ST ROBIN PL OLEANDER AV 985.00 33.00 78,005.00 1,290.40 32.01 YES
B4 VIA CURVADA BUEN TIEMPO Dft lA SENDA WY 583.00 3300 22,154.00 1,772.32 44 31 YES
B5 FINCH PL N CDS THRUSH ST 780.00 73.00 4,658.00 10,828.00 B74.OB 21 95 YES
BB OCALA AV FNAPLES ST EgST OXFORD ST 1,725.00 33.00 37,725.00 2,870.00 74.25 VES
B7 MAIN ST NIRVANA AV HERITAGE RD 3,747.aa 7400 277,2]8.00 22,78224 831.83
BB MA%WELL RD MAIN ST NCITY LIMITS 7,820.00 38.00 65,52D.00 13,104.00 855.20
BB OLYMPIC PW BRANUYWINE AV HERITAGE RD 8,860.00 82.00 726 520.00 59, 1213D 2,178.68
100 OLYMPIC PW LA MEDIA RD E PALOMAft ST 2,858.00 82.00 277,956.00 77,438.48 657.87
701 OLYMPIC PW E PALOMIIR ST SANTA ELISABETH AV 2,257.00 82.00 104,748.00 14,779.88 654.24
1,974,990.00 765,952.90 5,890.42
PHASE 5 -NORTH OF TEL EGRAPH CANYON ROA D EAST OF 1-905
102 ALLEN SCHOOL LN SURREY LN OTAY lAKES RD 871.00 27.00 18,117.00 1,948.36 36.23 YES
103 BRISTOL CT WCDS HAMPTON CT B5T.00 37.00 28, 116.D0 2,248.28 56.23 YES
104 CABERNET DR N CDS GAMAY TE 687.00 33.00 22,011 00 7,780.88 4q 02 YES
105 CMNO ELEVADO CALLE LA MIMOA CMNO CERRO GRANGE 780 Oo 33.00 29,070.Oa 2,085.8a 52.14 YES
108 CMNO ELEVADO 8401 CMNO ELEVADO SCDS 2,821.00 33.OU Be X93.00 7,717.94 781.79 YE5
107 GOUN FRY TRAILS CT COUNTRY VISTAS LN S GDS 16300 34.00 5,644.00 95132 11 2B YE5
108 DIAMOND CT E NAPLES ST DIAMOND OR 2B4.a0 33.00 8,372 DO 74 8.78 18.74 YES
108 ETON CT ITHACA 5T SW CDS 881 00 3J 00 29,40) 00 2,352.29 53 B7 YES
170 GREENWOOD PL CMNO ELEVADO ECDS 1,31300 3700 98,878.00 3,890.08 BB.75 VES
711 IIALE PL FENTON 5T S COS 343.00 4300 19,907.00 1,344.58 3381 YES
172 HAMDEN DR W GDS NEW HAVEN OR 7,D6B.DD 33.00 35,2]7 00 2,822.18 7355 YES
113 HIDDEN VISTA Dft TERRA NOVA DR SMOKY CL 1,858.00 79.00 ]1,384.00 5,780.72 144.77 YES
114 ITIIACA ST SCRIPPS AV RUTGERS AV 1,205.00 3300 42,405.00 3,392.40 84.81 YES
175 IAKESHORE DR CREENWOOD WY EASTIAKE OR 1,720.00 40.00 88,800.00 5,504.00 137.BD YES
118 MILLER OR EASTIAKE PW BOSWELL CT 852.00 B7 uo 5B,W2.o0 4845.76 118.14 YES
177 OTAY LAKES RO WUESTE RD CITY LIMITS 1,244.00 27.00 33,588.00 2,687.04 100.76 yE5
118 PORT ASHLEY HILLSIDE DR PORT CARDIFF 37700 3300 11,721.00 BB93B 22.24 YES
119 PORT STIRLING PORT CARDIFF INKOPAH ST 368.00 33.00 12,144 00 877.52 2428 YE5
M STREET LOCATION LENGTH WIDTH C-O-S AREA ESTIMATED DIG-0UT
(FT) FT SF CRACK FILL
I
) (
) ISF)
BEGIN END EST. )SF) EST. (TN)
120 RUE CHATEAU RUE AVALLON N CDS 1,33/ 00 33.00 94,022.00 3,521.76 86.04 YES
121 SAN JUAN PL N CDS MACKENZIE CREEK RD 281 no J].00 6,613.00 689.09 77
23 YES
122 SANDY CREEK OR NCDS COUNTRY VISTA LN 506.00 3J.00 iB,33R96 1,597.01 .
36.80 YES
123 TUTANE AV GOTHAM ST HARVARD ST 275.00 33.00 8,075 00 728.00 18.15 YES
124 WAGONWHEEIWV ECDS SURREY DR 597.00 39.00 18,588.00 1,/87.84 37.20 VES
125 WATERTOWN LN HAMOEN DR NEW HAVEN OR 768.00 33.00 25,377 00 2,OJ0.16 50.75 YES.
128 WHRE 110RSE CT WCDS CANYON RIDGE OR iJ8.00 J/ 00 /,824.00 ]88.82 8.25 VES
127 WILLOW ST SWEETVVATER RD DONITA RO 1 o7J.00 55.00 58,015.00 4,72720 118.03 VES
128 HERITAGE RD S/O CRICKET) EAST CITY LMAITS SOUTH CRY LIMITS 2,000 00 25 00 50,000.00 q 000.00 100.00
128 CORRAL CANYON RD COLTRIDGE LN PORT RENWICK 2,073.00 82.00 128,528.00 10,282.08 25'7.05
1J0 FENTON ST HALE PL LANE AV 590.00 82.00 36,500.00 2,828.40 73.16
131 FENTON ST IANE AV W1ROL0 PL 1,238.00 62.00 78,632.00 6,130.58 153.26
132 E PALOMAR ST lA MEDIA RD VISTA SONRISA AV 1,709.D0 62.00 105,858 00 8,470.84 317.87
133 E PALOMgR ST MONARCHE DR SANTA ALICIA AV 835.00 52.00 46,820.00 3,889.80 145.88
1,270,570.00 101,646.24 2,729.32
TOTAL 7,452,694.00 604,D93.92 19,637.77
J
OD
y . ~.....,..,.y-........ ~........ r oyvaev o~9-vm us~.us
N STREET LOCATION LENGTH WIDTH C-O-S AREA ESTIMATED OIO-OUT
'
(Fit
(FT)
SF
SF CRACK FILL
DEGIN
ENO (
) (
I
ESi. ISF)
EST. ITNI
ADDITIONAL STREET SECTION
(TO BE DONE IF PROJECT FUNDING IS STILL AVAILABLE)
J
cD
PHASE 5 -NORTH OF TE LEGRAPH CANYON ROAD EAST OF I-805
134 EPALOMAR ST SANTA ALICIA AV SANTA FLORA RD 7,913.00 82.00 11 B,BOB.oO 8,4BBA8 355.82
735 E PALOMAR ST SANTA FLORA RU LA MEDIA RD 1 511.00 fi0.00 98,860.00 7,732.80 288.88
178 EPALOMAR ST VISTA SONRISA AV OLYMPIC PW 7,309.00 82 DD 87,15000 8,482.84 213.47
737 RUTGERS AV E H ST GOTI7AM ST 1,050.00 82.00 85,708.00 b,208.00 170.20
738 RUTGERS AV OTAV IAKES RD CITADEL 500.00 8200 37,000.00 2,480.00 8200
139 TERRA NOVA DR E H ST BELLE VISTA OR 333.00 85.00 21,845.00 1,731 80 qi 2B
140
741
142
143 TERRA NOVA DR
TERRA NOVA OR
BUENA VI5TA WY
BUENA VISTA WY BELLE VISTA OR
PIAZA DELCID
5 RANCHO DEL REV PW
CALLE SANTIAGO BEACON PL
NRANCHO DELREY PW
E H ST
CALIENTE LP 1,789.00
7,138.00
1,958.00
982.00 53.00
gB.00
37.00
3].00 . 83,757.00
55,811 U0
72,772.00
38,J34.Oa 7,500.58
4,464.88
5,788.78
2,808.72 187.51
771.82
144.74
72.W
144 EASTLAKE DR E 11 ST LAKESI40RE Dft 553.00 58.00 72,074.00 2,585.82 84.15
145 EASTIAKE UR tIILL5IDE DR E H ST 870.00 58 00 27,280.00 2,180.80 54.52
731,777.00 59,542.16 7,759.99
PHASE 7 -NORTH OF L S TREET WEST OF 1-905
74fi FIFTH AV CST EST 2562.00 38.00 101,15800 B,OB2.4B 202.31
147 FIFTH AV EST GST 2,645.00 3000 100,51000 8,04080 207.02
148 FIFTH AV GST HST 1323.po 58.00 76,734.00 8,138.72 753.47
749 FIRST AV E5T GST 2,845.00 37.00 87,885.00 7,829.20 785.73
150 FIRST AV I ST J 5T 1,330.00 30.00 50,640.00 4,043.20 701 00
151 FIRST AV J ST L ST 2,524.00 38.00 85,812.00 7,872.98 187.82
522,777.00 41,877.36 1,045.43
PHASE 9 -NORTH OF L S TREET WEST OF 1-905
152
753 A$11 AV
ASH AV K ST
SIERRA WY JAMES ST
LST 835.00
800.00 37.00
37.OD 30,855 00
iB,B00.DB 2,488.40
1,5B4.OD 61.71
79.60
154
155 BEECH AV
BEECH AV K ST
SIERRA WY JAMES ST
LST 935.00
800.00 33.00
3300 JO,B5000
18,800.00 2,488.40
1,58400 81.71
39.80
758
157 CEDAR AV
CEDAR AV K 5T
L ST JAME5 ST
NORTH CDS 835,OD
BOO.BO 33.OD
33.00
2,800.00 30,855.00
32,500.00 2,468.40
2,800.00 81.71
85.00
158
159 GATE AV
DATE AV JAMES ST
SIERRA WAY K ST
LST BJ5.OD
600.00 37.00
37.00 30,855.00
1B,BOO.oO 2,488.40
7,584.00 87.71
39.80
180
1fi1 JAME55T
SIERRA WY qSM AV
FIFTH AV FIFTH AV
BROADWAY 7,000.00
7,250.00 33.00
JJ.00 33,000.00
41,250.00 2,840.00
3,300.00 68.00
8250
162 CST BROADWAY SIFT E/O BROADWAY 2,559.00 55.00 140,745.00 77,259.80 287.49
187 COUNTRY CLUB DR KST FIRSTAV 420.00 JB.00 16,780.00 7310.40 32.76
184 OST BROADWAY FOURTH AV 2,859.00 37.00 89,387.00 7,870.84 188.77
185 GST SECOND AV HILLTOP OR 2,947.00 37-00 87,938.00 7,875.12 185.88
~!
I
J
O
M STREET LOCATION LENGTH WIDTH C-0-S AREA ESTIMATED DIG-OUT
FT CRACK FILL
(
) (FT) (SF) (SF)
BEGIN END EST. (SF) EST. (TN)
7
88 1ST FOURTH AV THIRD AV 7,320.00 4200 55,490.00 4
935
20 ttx
ee
167
188 IST THIRD AV SECOND AV 1,J2B.00 J7.00 48,062.00 ,
.
3,92498 .
88.12
J ST SECOND AV HILLTOP DR 2,644.00 40.00 105,760.00 8
480
80 211
52
169 K5T COLORADO AV BROADWAY 1927.00 38.00 7J,22800 ,
.
5,858.08 .
146.45
PHASE 9 • SOUTH OF TELEGRAPH CANYON RO
AD EAST OF I-805 926,505.00 74,720.40 1,853.01
170 NANETTE ST OASIS AV OCELOT AV 270.00 33.00 600.00 8
570.x0 76D
Bx 7B
02
171 OASIS AV ENAPLES ST EAST OXFORD ST 1,125.00 33.00 ,
37
125.00 .
2
870
00 -
74
25
172 OCELOT AV NANETTE ST EAST OXFORD ST 850.00 3J.00 600.00 ,
20,850.00 ,
.
292
00
2 .
57
30
773 OSAGE ST NAPLES ST FAST O%FORD ST 1,125.00 33.00 37,125.x0 ,
.
2
870
00 .
74
25
174 EOXFORD ST OSAGE AV OLEANDER AV 1,150.00 38.x0 41,400.x0 ,
.
3
372.00 .
82
00
175 BRANDYWINE AV MENDOCINO DR MAIN ST 1,426.x0 e6.o0 84,118.00 ,
7
528.26 .
188
23
178 RRANDYWINE AV MENDOCINO OR MENDOCINO OR 834.00 68.x0 55,04900 ,
9
903.52 .
110
09
177 RRANDYWINE AV POINT IA JOLfA DR MENUOCINO DR 97700 88.00 64,482.x0 ,
5,158.58 .
128
88
170 BRANDYWINE AV CONCORD WY OLYMPIC PW 930.00 8200 26,680.00 2,132.80 .
53
32
179 RMNDYWINE AV RNERA ST OLYMPIC PW 211.00 80.00 72,880.00 1,01280 .
2b
32
180 HERITAGE RD TELEGRAPH CYN RD E PALOMAR ST 1 937.00 BL00 162,708.00 13,018.89 .
325.42
iBt EJSi 4805 FREEWAY FLOYD AV 7,92200 3700 52,61400 9,209.12 705.23
182 E J ST REDBUO PL RNER A$II OR 7 693.00 48.00 B1 269 00 8,601.12 182
53
783 E J ST RNER ASH DR ftE0 OAK PL 783.00 98.00 37,589.00 3,008.72 .
75
17
784 IA MEDIA RD OTAY LAKES RO E PALOMAR ST 2,360.00 Bq.00 198,240.00 15,85810 .
584
72
185 E NAPLES ST CNESCENT OR MEDICAL CENTER DR 7 648.00 3700 60,878.00 q 878.08 .
727
85
iB6 OLEANDER AV E NAPLES ST E OXFORD ST 1,225.x0 33.00 98,925 x0 3,239.00 .
80
85
187 OLEANDER AV f OXFORD ST E PALOMAR ST 7,992.00 37,00 '71,854.00 5,748.32 .
143
71
188 OLEANDER AV pUINCE ST OLYMPIC PW 1,447.0(1 3700 53,539.00 4
283.12 .
107
08
189 OLEANDER AV OLYMPIC PW SEQUOIA ST 1,549.00 37.00 57,J7J.00 ,
9,585.01 .
11483
iB0 PASEO OEL REY BAJO DR DOUGLAS ST 1,653.00 82.00 102,488.00 8,180.88 204.97
te1 PASEO DEL REY DOUGLAS ST TELEGRAPH CYN RD 805.00 62x0 J7,51x.x0 3,000.80 75.02
192 PASEO DEL REY E J ST RAJO DR 978.00 62 0x 28,838.00 2,370.88 59.27
193 PASEO LADERA E J ST PASEO ENTRADA 1,599 00 42.00 61,818.00 5,187 Bq 728.70
iB4 PASED IADERA PASEO ENTRADA TELEGRAPH CYN RD / 973.00 48.00 85,901.00 5,272.J2 137.81
795 PASEO RANCHERO CMNO DEL REY E J ST 1,969.00 70.00 i W,B30.00 8,228.40 205.88
196 PASEO RANCHERO E J ST TELEGRAPH CYN RD 1 829.00 70.00 128,OJ0.00 1x,242.40 258.06
1,754,533.00 140,362.64 3
707.31
PHASE 10 -NORTH OF TE LEGRAPH CANYON ROAD EAST OF 1-605 ,
iB7 RONITA RO ALLEN SCHOOL RD OTAV LAKES RU 1,688,00 70.00 778,160 00 8,452.80 359
48
198 BONITA RD CITY LIMBS (WILLOW RO) ALLEN SCHOOL RD 1635.00 70.00 114,45x.00 9,158.00 .
343.35
i9B OTAV LAKES RD FASIIAKE VIL(AGE CTR EASTLAKE PW 703 DO 89.00 58,052.00 4,7N.18 118.10
200 OTAY LAKES RD E H ST GOTHAM ST 1,72fi.00 70.00 12x,826.00 8,685.80 382.48
201 OTAV LAKES RD MIRACOSTA CI TELEGRAPH CYN RD 848.00 80.00 87,920.00 5,133.80 20J.78
202 OTAY LAKES RD RIDGEBACK RD E H ST 1,578.00 90.00 141,840.00 11,347.20 425.52
203 N RANCHO DEL REY PW DEL REV RL TERRA NOVA OR 1,644 00 37.00 80,828.00 4,868.24 121
88
204 N RANCHO DEl REY PW HUERTO PL MIIAGROSA WY 1 X23.00 42.00 55,588.00 9,145.28 .
717.13
# STREET LOCATION LENGTH
(Fn WIDTH
(FT( C-D-S
SF AREA
SF ESTIMATED DIG-0UT CRACK FILL
BEGIN END (
( (
) EST. (SF( EST. (TN)
205 N RANCHO DEL REY PW VISTA MIRANDA RIDGEBACK RD 1,29B.oa 37.00 47,952.00 3,838.18 95.80
786,588.00 62,927.04 2,136.37
\- TOTAL 12,175,014.00 981,663.52 30,339.87
m.weucml emvIl:CSwd91gO\J I LdJOH Ulg-U91\J I L3:10A YfOPOSM Ulg-VU( LISLx13
J
Anact~rtr ~
FLANK SON
Paving Inc. sinoe 1979
Dlarch 6, 2009
City of Chula Vista
Engineering Department
276 4" Street
Chula Vista, CA 91910
RE: Pavement Rehabilitation Program (Dig Out.FY07i08 STL-335A)
Dear Robert Juan,
p__
It 11aJ lOllle tC3 VUr allentl Vil plat there V4'aJ a lllllll72 disl;le Ai1VJ V31 ol-le Ol the bld 1te111 J.
Therefore we «~ill honor the original total of 51,903,250.49 to our bid proposal.
Frank and Son Paving, Inc. are looking fonyard in ~~rorking together in this coming year.
Respectfully,
:~Iici~'sq 14
Presideilt /T
Frank and Son Paving, Inc.
1019 Third Avenue; Chula Vista, Ca. 91911 619-422-8322 Fas: 619-420-9020
17-12
Arracnrr `3
CITY OF CHULA VISTA DISCLOSURE STATEMENT
Pursuant to Council Policy 101-O1, prior to any action upon matters that will require discretionary action
by the Council, Planning Commission and atl other official bodies of the City, a statement ofdiscloswe of
certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista
election must be filed. The following information must be disclosed:
1. List the names of all persons having a fmancial interest in the property that is the subject of the
application or the contract, e.g, owner, applicant, contractor, subcontractor, material supplier.
~(2~t~sk-~~ ~N }~-PVIN(~~~, ,
~-1 ~ lA UTASQUI` 1-
-Fizo*~G~sc-~ VASQV>rz~
2. If any penon* identified pwsuant to (1) above is a corporation or partnership, list the names of all
individuals with a $2000 investment in the business (corporation/partmership) entity.
/aL1G~ Vpsl~~~v
-F2.n~lca~~ yAs4U~z
3. If any person" identified pursuant to (1) above is a non-profit organization or trust, Iist the names
of any persoa serving as director of the non-profit organization or as trustee or beneficiary or
trvstor of the trust.
~~A
4. Please identify every person, including any agents, employees, consultants, or independent
contractors you have assigned to represent you before the City in this matter. _
A~ICI./~~lA5C~1JEZ
~~t~.Iscc~ yASCq Il~Z
5. Has any person" associated with this contract had any financial dealings with an official*# of the
City of Chula Vista as it relates to this.contract within the past 12 monthsl Yes_ No
15
M:tGcnual5erviculDecignlST1333A Dig-0ut~577.335A Pavcmm[ ReVwh 3pcci[icadorts and Contraadvc
17-13
If Yes, briefly describe the nature of the financial interest the official** may have in this contract
r~
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current
member of the Chula Vista City Council? N ~ Yes _ If yes, which Council member?
Have you provided more than $34D (or an item of equivalent value) to an official** of the Ciry of
Chula Vista in the past twelve (12) months? (This includes being a source of income, money to
retire a legal debt, gift, loan, etc.) Yes _ No
If Yes, which official** and what was the nature of item provided?
Date: ~''t ~ ~ t 2'~
,~~~~
Print or type r
Person is defined as: any individual, firm, co-partrtership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, any other. county, city,
municipality, district, or other political subdivision, -or any other group or combination acting as
a unit.
** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner,
Member of a board, commission, or committee of the City, employee, or staff members.
16
M:\Gencra! Services\DrsignlST1335A Dig-0utlSTI33iA Pavement Rcltab SpcciGrntions and CanlrncLdoc
17-14
RESOLUTION NO.2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING IRREGULARITIES, ACCEPTING
BIDS AND AWARDING CONTRACT FOR THE
"PAVEMENT REHABILITATION PROGRAM (DIG-OUT) FY
07/08 (STL-335A)" PROJECT TO FRANK AND SON
PAVING, INCORPORATED IN THE AMOUNT OF
$1,903,250.49 AND AUTHORIZING THE EXPENDITURE OF
ALL AVAILABLE FUNDS IN THE PROJECT
WHEREAS, City staff prepared specifications for the "Pavement Rehabilitation Program
(Dig-Out) FY07/08 (STL-335A)" and advertised the project on January 26, 2009; and
WHEREAS, on February 25, 2009, the Director of Engineering received ten (10) sealed
bids for the project as follows:
CONTRACTOR B[D AMOUNT
1. Frank & Son Paving -Chula Vista, CA (Corrected) $1,903,250.49
2. D&L Wheeler Enterprises -Yucaipa, CA $2,103,314.00
3. Sim JHarris -Diego, CA $2,360,727.00
4. Southland Paving Inc. -Escondido, CA $2,475,277.00
5. J.D. Paving Inc. -San Marcos, CA $2,517,766.40
6. Hardy & Harper Inc. -Santa Ana, CA $2,636,241.00
7. Hazard Construction -San Diego, CA (Corrected) $2,673,105.00
8. ABC Const. Inc. -San Diego, CA $2,716,100.00
9. SRM Contracting & Paving -San Diego, CA $2,758,920.00
10. Koch-Armstrong General Engineering -Lakeside, CA $3,048,210.00
WHEREAS, Frank and Son Paving, Inc.'s submitted bid of $1,903,250.49 is 37.25%
below the Engineer's estimate of $3,03305.90; and
WHEREAS, staff has verified the references provided by the contractor and the
contractor has performed previous work for the City of Chula Vista and their work has been
satisfactory; and
WHEREAS, Frank and Son Paving, Inc. made a mathematical error in their submitted
bid, which error is in favor of the City; and
WHEREAS, Frank and Son Paving, Inc. with a written letter acknowledging their error,
agreed to honor the dollar amount of their submitted bid by reducing the unit price; and
17-15
WHEREAS, the next lowest bidder, D&L Wheeler Enterprises, if selected, will not
benefit the City and will cost an additional. $200,063.51 to construct the "Pavement
Rehabilitation Program (Dig-Out) FY07/08 (STL-335A)" project; and
WHEREAS, Section 1009 of the City Charter allows the City to waive minor
irregularities if the irregularities will benefit the City of Chula Vista; and
WHEREAS, based on the fact that the next lowest bid is $200,063.51 in excess of Frank
and Son Paving, Ino.'s bid, that Frank and Son Paving, Inc. has performed satisfactorily on other
City jobs, and that the minor error in their bid is in favor of the City, staff recommends waiving
the irregularity of Frank and Son Paving, Inc.'s bid and awazding the "Pavement Rehabilitation
Program (Dig-Out) FY07/08 (STL-335A)" project to Frank and Son Paving, Inc. in the amount
of $1,903,250.49.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby waive in•egulazities, accept bids and award contract for the "Pavement
Rehabilitation Program (Dig-Out) FY07/08 (STL-335A)" project to Frank and Son Paving, Inc.
in the amount of $1,903,250.49 and authorize the expenditure of all available funds in the
project. ~
Presented by Approved as to form
Richard A. Hopkins ~$art Mies eld
Director of Engineering Interim ! ity Attorney
17-16
CITY COUNCIL
AGENDA STATEMENT
MARCH 17,2009, Item Ii
ITEM TITLE:
CONSIDERATION FOR RECOMMENDING THAT A
MEASURE BE PLACED ON THE JUNE 2014 BALLOT TO
AMEND OR REPEAL PROPOSITION A
SUBMITTED BY:
REVIEWED BY:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RECOJ\1N1ENDING THAT A MEASURE BE
PLACED ON THE JUNE 2014 BALLOT TO A1\1END OR
REPEAL PROPOSITION A
CITY A TTORJ.'-JEY !JCf'l./"
CITY ATTORJ.'-JEY 6r.r----
SUMMARY.
On January 20, 2009 the City Council adopted Ordinance No. 3123 submitting a
Transaction and Use Tax (commonly referred to as a "Sales Tax") to the electorate.
Pursuant to City Charter Article IX, Section 902 and Elections Code Section's 1500 and
4000, this Sales Tax measure is on the ballot for a mailed ballot election, with mailed
ballot returns due to the San Diego County Registrar of Voters by 8:00 p.m. on May 5,
2009. This Sales Ta.'{ measure has been designated by the San Diego County Registrar of
V oters as Proposition A ("Prop A"). At the City Council meeting of February 17, 2009,
public comment was made requesting that City Council consider a ballot measure,
scheduled for the June 2010 general election, to have Prop A, if it passes on May 5, 2009,
go back to the electorate for ratification or repeal in 2014.
4/5THS VOTE: YES D NO I X I
In response to the comments raised at the February 17, 2009 City Council meeting, and
with City Counsel consensus, Council Member Castaneda requested, in accordance with
City Council Referral No. 392, that the City Attorney prepare a Resolution for City
Council consideration to place a ballot measure on the June 2010 general election, that
would allow the electorate to deterrninein year 2014, should Prop A pass, whether or not
to continue or repeal Prop A.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has conducted a preliminary review of the
proposed action for compliance vvith the California Environmental Quality Act
("CEQA") and recommends that the City Council find and declare that the proposed
18-1
MARCH 17, 2009, Item-,---
Page 2 of3
activity is statutorily exempt from environmental review pursuant to Articles 5 and 18 of
the California Code of Regulations.
RECOlVIMENDA nON
That the City Council adopt the subject Resolution.
BOARDS/COMMISSION RECOMMENDA nON
Not applicable.
DISCUSSION
On January 20, 2009 the City Council adopted Ordinance No. 3123 submitting a Sales
Tax to the electorate. If approved by the electorate Prop A will implement a general
Sales Tax of I-percent on the sale or use of tangible personal property for a term of 10-
years from the operative date of the ordinance.
As discussed above, in accordance with City Council Referral No. 392, City Council
Member Castaneda requested that the City Attorney prepare a Resolution for City
Council consideration to place a ballot measure on the June 2010 general election, that
would allow the electorate to determine in year 2014, should Prop A pass, whether or not
to continue or repeal Prop A. In effect, this request is to place a measure on the ballot
that would allow the electorate to vote in 2010 on whether or not to place another
measure on the ballot for the electorate to vote on in 2014. For reasons set forth below,
this office advises against this "vote to place a future vote on the ballot" method to
potentially alter Prop A in the future.
City Charter Article IX, Section 902 provides that all elections in the City shall be
conducted in accordance \vith the California Elections Code ("Elections Code").
Elections Code Section 9200 et seq. permits only two methods for the setting of elections
within municipalities. One method is by petition signed by an applicable number of the
electorate subrnitted to the municipality's ("City's") legislative body ("City Council").
Elections Code Section 9201. The other method is for the City Council to submit directly
to the electorate, without a petition, a measure for the repeal, ameridment or enactment of
any ordinance. Elections Code Section 9222. Neither of these methods allows a City to
set an election (in 2010), to set a future election (in 2014) as is requested in the Referral.
Notwithstanding the foregoing, however, City Council may adopt a Resolution that
requests that in the year 2014 the City Council submit to the electorate either an
amendment or repeal of Prop A. This method would be accomplished in accordance with
above-discussed Elections Code Section 9222.. City Council should be aware, however,
that an action by today's City Council cannot act to bind the actions of a future City
Council. See City of Los Angeles v. Superior Court of the County of Los Angeles, 51
Cal.2d 423,436 (Cal. 1959).
A Resolution is attached for City Council's consideration as an advisory measure to place
a measure before the electorate in year 2014 for the electorate to vote on whether prop A
should be repealed, or whether Prop A should stand for its full 10-year term.
18-2
MARCH 17,2009, Item_
Page 3 of 3
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specific and consequently the 500 foot rule found in California Code of
Regulations section l8704.2( a)( 1) is not applicable to this decision.
FISCAL IMP ACT
There is no fiscal impact associated with the subject action except for. staff time to
prepare the requisite documents. If in 2014 City Council submits a measure to the
electorate to amend or repeal Prop A, then the fiscal impact will be the year 2014 costs to
place the measure on the ballot for the June 2014 general election.
ATTACHMENTS
Resolution
Prepared by: Jv/ichael j Shirey, Deputy City Attorney 111: Office of the City Attorney
J '\Attorney'u'v[ichaelSh\Budget\CastanedaR~ferq,1\CCAgSt~3 17.09-final.doc
18-3
RESOLUTION NO.
RESOLUTION Of THE CITY COUNCIL Of THE CITY OF
CHULA VISTA RECOMME[-.iTIING THAT A MEASURE BE
PLACED ON THE JUNE 2014 BALLOT TO AMEND OR
REPEAL PROPOSITION A
WHEREAS, on January 20, 2009 the City Council adopted Ordinance No. 3123
submitting a Transaction and Use Tax measure (commonly referred to as a "Sales Tax") to the
electorate; and
WHEREAS, tl1is Sales Tax measure is on the ballot for a mailed ballot election, with
mailed ballot retllms due to the San Diego County Registrar of Voters by 8:00 p.m. on May 5,
2009; and
WHEREAS, this Sales Tax measure has been designated by the San Diego County
Registrar of Voters as Proposition A ("Prop A"); and
WHEREAS, if approved by the electorate Prop A will implement a general Sales Tax of
I-percent on the sale or use of tangible personal property for a tenn of 10-years from the
operative date of the ordinance; and
WHEREAS, pursuant to City Council Resolution 2009-012, the ballot question submitted
to the electorate for Prop A includes whether a Citizen's Review Committee shall be formed to
pro\ide oversight of Prop A revenues; and
WHEREAS, should Prop A be approved by the electorate and upon formation of the
Citizen's Advisol'y Committee, the City Council hereby determines that the Citizen's Advisory
Committee shall prepare a Comprehensive Midterm Report on Prop A revenues to the City
Council for City Council consideration; and
WHEREAS, in response to comments raised at the Febmary 17, 2009 City Council
meeting, in accordance with City Council RefelTal No. 392, City Council requested that the Ctty
Attorney prepare a Resolution for City Council consideration to place a ballot measure on the
June 20 I 0 general election, that would allow the electorate to determine in year 2014, should
Prop A pass, whether or not to continue or repeal Prop A; and
WHEREAS, the City Attorney determined that Elections Code Section 9200 et seq.
pelll1its only two methods for the setting of elections within the City. One method is by petition
signed by an applicable number of the electorate submitted to the City Council and the other
method is for the City Council to submit directly to the electorate a measure for the repeal,
amendment or enactment of any ordinance; and
WHEREAS, the City Attomey further determined that the City Council may adopt a
Resolution that requests that in the year 2014, in accordance with Elections Code section 9222 as
amended and in accordance with all applicable law, the City Council submit to the electorate
either an amendment or repeal of Prop A if, after City Council's review of the Citizen's
18-4
Advisory Committee Comprehensive Midterm Report, it is determined that the City's budget
gaps have been alleviated with revenues generated from the Sale Tax from years 2009 through
2014 or if it is determined that revenues from the Sales Tax are not being applied to City services
or programs effectively; and
WHEREAS, after preliminary review the City Council hereby finds and declares that the
pr'oposed activity is statutorily exempt from environmental review pursuant to the State of
California Environmental Quality Act C'CEQA") Guidelines, Title 14, Chapter 3, Article 18,
Sections 15273(01); and, the City Council hereby further finds and declares that pursuant to Title
14, Chapter 3, AI1icle 5, Section i 5061(b )(3), the proposed activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on
the environment; and the City Council finds and declares that, with certainty, there is no
possibility that the proposed activity in question may have a significant effect on the
environment, therefore, the proposed activity is not subject to environmental review.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby r'ecommends that in year 2014, in accordance with Elections Code section 9222 as
may be amended and in accordance with all applicable law, that the City Council submit to the
elector'ate either' an amendment or repeal of Prop A if. after City Council's review of the
Citizen's Advisory Cor11111ittee Comprehensive Midterm Report, it is determined that the City's
budget gaps have been alleviated with revenues generated from the Prop A Sale Tax from years
2009 throLlgh 2014 or if it is detennined that revenues from the Sales Tax are not being applied
to City services or programs effectively.
NOW, THEREFORE, BE [T FURTHER RESOLVED that the City Council of the City
of Chula Vista does hereby find and declare that if the electorate does not pass Prop A then this
Resolutioll shall immediately become inoperable and void ab imtio and shall have no further
force and eftect.
Presented by
Approved as to fonn by
I: \lli'rrll:\i'~\.1 iL'll<I~ISII'811u:,:d',C.lst:J11~uaRd(:lTa!I.CCR~sn.J. I 7 O'J-Fill:.d.doc
18-5
MEMO I DRAFT
Office of Councihnember Pamela Bensoussan
~j/;.IeJ) 17M! c::(/
~Jft...
---...-....
~"fif7....:.:....
~~----
- -
C1lY OF
CHULA VISTA
DATE: Thursday, March 20, 2009
SUBJECT: Proposed Outline for Establishment of an Independent Advisory Board
aka: Prop A Advisory Committee or (P AAC)
Background
After decla.ring the city in a state of fiscal emergency, Chula Vista's City Council decided to conduct a special
mail election on May 5, 2009, for voters to decide whether to enact a 1% ten-year sales tax increase. A
unique aspect of the City Council's ballot measure was to install an independent advisory board to oversee
that monies resulting from the ta." increase would be spent as promised and to issue reports and
reco=endations to Council.
This proposal addresses the purpose and logistics of setting up an Independent Advisory Board, in order to
have a vehicle in place to facilitate and expedlte its creation, in the event that voters approve the' sales tax
measure. An open workshop was hosted by Councilwoman Pamela Bensoussan to converse with the public
on this outline and to receive co=ents and suggestions.
Note: On March 1 Th, the Chula Vista City Council informally embraced an outline of this proposal. It ",-ill
be on the March 24th Council Agenda for public co=ent, discussion, and formal approval.
Purpose
The Prop A Advisory Committee ",-ill be tasked with advising Council on allocation of funds received from
the sales tax increase (prop A) and to make reco=endations and regular reports to City Council.
Additionally, the Committee will report annually on the overall effectiveness of Prop A in addressing the
following goals in stages throughout the 10-year period of the assessment:
· Maintaining important public services that would otherv.ise be at risk (such as public safety, libraries,
after school programs, park & recreation services, etc. as stated in the ballot measure)
· Addressing infrastructure deficiencies in \Vestem Chula Vista and other areas where needed.
· Slowly rebuilding the city's budget reserves.
· Reco=ending validation measures for emergency use of reserves
· Previewing and Revie",-i.ng expenditures to ensure goals are met
o Making specific reco=endations for allocating funds
Committee Makeup/Appointments
In order for the Committee to be truly independent and broadly represent the interests of the people of
Chula Vista, the appointment process should be largely "bottom up" as opposed to the political
(mayoral/ council) "top down" appointment process. Wide representation from interest groups and
geographical areas is desired, as well as some skill sets such as familiarity with city planning, infrastructure,
financing and the budget process. To accomplish these goals, it is reco=ended that delegates to the
Committee be nominated from various interests groups, with the addition of several "at large" members
who would be self-nominated.
The "interest group" delegates could be drawn from such categories as local business, co=unity,
educational, professional, worker organizations, environmental, seniors, youth, public safety and co=unity
cqi /l -/
Proposed outlinefor PAA.C -March 18, 2009 (DRAFT)
2
health, geographical axeas, etc. to widely reflect the stakeholder interests in the City. A list of interest
categories would be determined by publicizing the intent to form the Committee and requesting submittal
of applications of interest. It is proposed that a determination of a balanced list of organizations and
interest groups ",-ill be made, working from the applications received. Organizations would be invited to
appoint a delegate to become a "member" of the Committee. Individuals representing categories of interest
or geographical axe as (but not organizations) would be appointed by Council after a public interview
process.
Additionally, it is proposed that one delegate each be appointed from the following volunteer citizen
commissions: GMOC, Planning Commission, and Resource Conservation Commission. Members of these
commissions would alxeady have familiarity with the city's planning, budget, and infrastructure needs.
The proposal would require members to be either residents of Chula Vista, or owners of or workers in a
local business.
Thus, the Committee could be formed of:
. One or more organizational or individual members from each broad category of interest groups
. One delegate appointed by each of the three commissions, R.C.C., Planning and G.M.O.C.
The goal is to assemble a well diverse group, representing broad interests. The Committee should be laxge
like the Bayfront CAC or the General Plan Update Steering Committee ",-ith 20+ members serving
staggered terms.
Committee Meetings and Format
It is recommended that all meetings be noticed, held in public, and subject to the Brown Act requirements.
Meetings should take place often enough in order for the Committee to be able to operate pro-actively and
effectively.
The Committee would work closely with the office of the City Manager and the Depaxtment of Finance and
in sync ",-ith budget processing cycles. The Committee would present quarterly/annual reports to Council
summarizing expenditures and whether or not the goals are being met, and making specific
recommendations.
Termination of Tax Measure
At any time, in the event of sufficient economic recovery, whereby the Committee determines that Prop A
funds axe no longer critical to the organization, the Committee could recommend to Council that the
Proposition A 1 % sales tax be terminated or the period be shortened.
Five Year Studv
The Committee ",-ill be asked to deliver a comprehensive mid-term report to Council. The specific purpose
of this mid-term report is to exaxnine whether or not the tax increase period should continue, be shortened,
or be ended. The date of this report should be timed to allow a measure to be placed on the ballot in 2014 if
recommended by the Committee and determined by Council.
c::?//J -;Z
276 Fourth Avenue. Chul. Vista. CA 91910
ww'W~c hula vista ca. ~ov
(619) 691-5044 I Fax (619) 691-5379
JOINT RESOLUTION OF THE CITY COUNCIL AND
THE REDEVELOPMENT AGENCY OF THE CITY OF
CHULA VISTA URGING THE SAN DIEGO UNIFIED
PORT DISTRICT BOARD OF COMMISSIONERS TO
RESUME NEGOTIATIONS AND ULTIMATELY
CONCLUDE THE EXCHANGE OF PORT DISTRICT
ADMINISTERED LAND IN THE HARBOR DISTRICT
OF THE CHULA VISTA BA YFRONT FOR PACIFICA
COMPANIES-OWNED LAND IN THE SWEETWATER
DISTRICT OF THE CHULA VISTA BA YFRONT, AND.
URGING THE BOARD OF COMMISSIONERS TO
DIRECT PORT STAFF TO MAKE NECESSARY
REVISIONS TO COMPLETE THE CHULA VISTA
BA YFRONT MASTER PLAN ENVIRONMENTAL
IMPACT REPORT (EIR) AND TO THEN TAKE
REQUIRED BOARD ACTIONS TO CERTIFY THE
FINAL EIR
WHEREAS, the Board of Port Commissioners (Board), Redevelopment Agency
of the City .of Chula Vista and Chula Vista City Council (Agency/Council) have been
working collaboratively for over four years to develop the Chula Vista Bayfront Master
Plan; and
WHEREAS, the Port and City conducted extensive public outreach to determine
the public's preferences for development of the Chula Vista Bayfront; and
WHEREAS, there is strong public support for locating residential development in
the Harbor District of the Bayfront and not in the Sweetwater District because the
Sweetwater District parcels border the existing wildlife refuge areas; and
WHEREAS, Pacifica Companies owns several of the subject parcels bordering
the wildlife refuge areas; and
WHEREAS, a land exchange between the Port and Pacifica Companies would be
required to allow residential development in the Harbor District and preclude residential
development in the Sweetwater District thereby removing potential development adjacent
to the wildlife refuge areas; and
WHEREAS, the Port has ceased negotiations with Pacifica Companies regarding
the land exchange; and
WHEREAS, the Port and City have been working collaboratively to complete an
Environmental Impact Report (EIR) for developing the-Chula Vista Bayfront as a part of
the Chula Vista Bayfront Master Plan; and
d/b-/
\\i1ffiREAS, the Port and City have made significant financial investments in the
EIR; and
WHEREAS, the Port is the lead agency for the EIR, and
WHEREAS, the Board has not indicated its intention or schedule for concluding
the EIR process and for certifying the EIR; and
WHEREAS, the land exchange and the certification of the EIR are critical steps in
creating a vibrant, world-class Bayfront in Chula Vista.
NOW, THEREFORE BE IT RESOLVED, that the City Council and
. Redevelopment Agency of the City of Chula Vista hereby urges the San Diego Unified
Port District Board of Commissioners to direct Port Staff to make necessary revisions to
complete the Chula Vista Bayfront Master Plan Environmental Impact Report and take
the required Board of Commissioners action to certify the Bayfront Master Plan Final
Environmental Impact Report.
BE IT FURTHER RESOLVED that the City Council and Redevelopment Agency
of the City of Chula Vista hereby urges the San Diego Unified Port District Board of
Commissioners to resume and ultimately conclude the exchange of Port District
administered land in the Harbor District of the Chula Vista Bayfront Master Plan for
Pacifica Companies-o\Vned land in the Sweetwater District of the Chula Vista Bayfront
Master Plan
Presented by
Approved as to form by
~ C~ FOlL
Bart C. Miesfelf
City Attorney and Agency Counsel
Pamela Bensoussan
Councilmember
~/6- ..),
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