City of La Mesa
Agreement No.: D2301002
Project No.: C-06-8608-110
Exhibit B
(b) Under no circumstances may the sum of line items in the budget approved through the Final Budget Approval process exceed the Project Funding Amount. Any increase in the Project Funding Amount will require an Agreement amendment.
B.1.6 Contingent Disbursement.
(a) The State Water Board’s disbursement of funds hereunder is contingent on the Recipient’s compliance with the terms and conditions of this Agreement. (b) The State Water Board's obligation to disburse Project Funds is contingent upon the availability of sufficient funds to permit the disbursements provided for herein. If sufficient funds are not available for any reason, including but not limited to failure of the federal or State government to appropriate funds necessary for disbursement of Project Funds, the State Water Board shall not be obligated to make any disbursements to the Recipient under this Agreement. This provision shall be construed as a condition precedent to the obligation of the State Water Board to make any disbursements under this Agreement.
Nothing in this Agreement shall be construed to provide the Recipient with a right of priority for disbursement over any other entity. If any disbursements due the Recipient under this Agreement are deferred because sufficient funds are unavailable, it is the intention of the State Water Board that such disbursement will be made to the Recipient when sufficient funds do become available, but this intention is not binding.
(c) Construction costs and disbursements are not available until after the Division has approved the final budget form submitted by the Recipient.
(d) No costs incurred prior to the Eligible Work Start Date are eligible for reimbursement. (e) Construction costs incurred prior to the Eligible Construction Start Date are not eligible for reimbursement.
(f) Failure to proceed according to the timelines set forth in this Agreement may require the Recipient to repay to the State Water Board all disbursed Project Funds. (g) The Recipient agrees to ensure that its final reimbursement request is received by the Division no later than the Final Reimbursement Request Date. If the final reimbursement request is not received timely, the undisbursed balance of this Agreement will be deobligated. (h) The Recipient is not entitled to interest earned on undisbursed funds.
B.1.7 Reimbursement Procedure.
Except as may be otherwise provided in this Agreement, disbursement of Project Funds will be made as follows:
(a) Upon execution and delivery of this Agreement by both parties, the Recipient may request immediate reimbursement of any eligible incurred planning and design allowance costs through submission to the State Water Board of the Reimbursement Request Form 260 and Form 261, or any amendment thereto, duly completed and executed. To be eligible for reimbursement, Project Costs, including any planning and design allowance costs, must have been incurred in compliance with all applicable requirements, including the state and federal cross-cutting requirements listed in Exhibit C.
(b) The Recipient must submit a reimbursement request for costs incurred prior to the date this Agreement is executed by the State Water Board no later than ninety (90) days after this
City of La Mesa
Agreement No.: D2301002
Project No.: C-06-8608-110
Exhibit B
Agreement is executed by the State Water Board. Late reimbursement requests may not be honored.
(c) The Recipient may request reimbursement of eligible construction and equipment costs consistent with budget amounts approved by the Division in the Final Budget Approval. (d) Additional Project Funds will be promptly disbursed to the Recipient upon receipt of reimbursement request Form 260 and Form 261, or any amendment thereto, duly completed and executed by the Recipient for incurred costs consistent with this Agreement, along with receipt of progress reports due under Exhibit A.
(e) The Recipient must not request reimbursement for any Project Cost until such cost has been incurred and is currently due and payable by the Recipient, although the actual payment of such cost by the Recipient is not required as a condition of reimbursement request. Supporting documentation (e.g., receipts) must be submitted with each reimbursement request. The amount requested for administration costs must include a calculation formula (i.e., hours or days worked times the hourly or daily rate = total amount claimed). Disbursement of Project Funds will be made only after receipt of a complete, adequately supported, properly documented, and accurately addressed reimbursement request. Reimbursement requests submitted without supporting documents may be wholly or partially withheld at the discretion of the Division. (f) The Recipient must spend Project Funds within 30 days of receipt. If the Recipient earns interest earned on Project Funds, it must report that interest immediately to the State Water Board. The State Water Board may deduct earned interest from future disbursements. (g) The Recipient shall not request a reimbursement unless that Project Cost is allowable, reasonable, and allocable.
(h) Notwithstanding any other provision of this Agreement, no disbursement shall be required at any time or in any manner which is in violation of or in conflict with federal or state laws, policies, or regulations.
(i) No work or travel outside the State of California is permitted under this Agreement unless the Division provides prior written authorization. Failure to comply with this restriction may result in termination this Agreement, pursuant to Exhibit C. Any reimbursement for necessary travel and per diem shall be at rates not to exceed those set by the California Department of Human Resources at http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx. as of the date costs are incurred by the Recipient.
B.1.8 Withholding of Disbursements.
Notwithstanding any other provision of this Agreement, the State Water Board may withhold all or any portion of the Project Funds upon the occurrence of any of the following events:
(a) The Recipient’s failure to maintain reasonable progress on the Project as determined by the Division;
(b) Placement on the ballot or passage of an initiative or referendum to repeal or reduce the Recipient’s taxes, assessments, fees, or charges levied for operation of the System or payment of debt service on System Obligations;
(c) Commencement of litigation or a judicial or administrative proceeding related to the Project, System, or Revenues that the State Water Board determines may impair the timely satisfaction of Recipient’s obligations under this Agreement; (d) Any investigation by the State Water Board, District Attorney, California State Auditor, Bureau of State Audits, the United States Environmental Protection Agency’s (USEPA) Office of
City of La Mesa
Agreement No.: D2301002
Project No.: C-06-8608-110
Exhibit B
Inspector General, the Internal Revenue Service, Securities and Exchange Commission, a grand jury, or any other state or federal agency, relating to the Recipient’s financial management, accounting procedures, or internal fiscal controls; (e) A material adverse change in the condition of the Recipient, the Revenues, or the System, that the Division reasonably determines would materially impair the Recipient’s ability to satisfy its obligations under this Agreement, or any other event that the Division reasonably determines would materially impair the Recipient’s ability to satisfy its obligations under this Agreement;
(f) The Recipient’s material violation of, or threat to materially violate, any term of this Agreement;
(g) Suspicion of fraud, forgery, embezzlement, theft, or any other misuse of public funds by the Recipient or its employees, or by its contractors or agents regarding the Project or the System;
(h) An event requiring Notice as set forth in Exhibit C; (i) An Event of Default or an event that the Division determines may become an Event of Default.
B.1.9 Fraud and Misuse of Public Funds; Enforcement.
All requests for reimbursement submitted must be accurate and signed by the Recipient’s Authorized Representative under penalty of perjury. All costs submitted pursuant to this Agreement must only be for the work or tasks set forth in this Agreement. The Recipient must not submit any invoice containing costs that are ineligible or have been reimbursed from other funding sources unless required and specifically noted as such (i.e., match costs). Any eligible costs for which the Recipient is seeking reimbursement shall not be reimbursed from any other source. Double or multiple billing for time, services, or any other eligible cost is improper and will not be compensated. Any suspected occurrences of fraud, forgery, embezzlement, theft, or any other misuse of public funds may result in suspension of disbursements and, notwithstanding any other section in this Agreement, the termination of this Agreement requiring the repayment of all Project Funds disbursed hereunder. Additionally, the Deputy Director of the Division may request an audit; refer the matter for appropriate administrative action, including but not limited to the recovery of financial assistance provided and the imposition of civil penalties; and/or refer the matter to the Attorney General’s Office or the appropriate district attorney’s office for criminal prosecution or the imposition of civil liability. A person who knowingly makes or causes to be made any false statement, material misrepresentation, or false certification in any submittal may be subject to a civil penalty, criminal fine, or imprisonment. (Wat. Code, § 13490 et seq.) B.2 RECIPIENT’S PAYMENT OBLIGATION, PLEDGE, AND RESERVE B.2.1 Project Costs.
The Recipient must pay any and all costs connected with the Project including, without limitation, any and all Project Costs and Additional Payments. If the Project Funds are not sufficient to pay the Project Costs in full, the Recipient must nonetheless complete the Project and pay that portion of the Project Costs in excess of available Project Funds, and shall not be entitled to any reimbursement therefor from the State Water Board.
B.2.2 Estimated Principal Payment Due.
The estimated amount of principal that will be due to the State Water Board from the Recipient under this Agreement is seven million dollars and no cents ($7,000,000.00).
City of La Mesa
Agreement No.: D2301002
Project No.: C-06-8608-110
Exhibit B
B.2.3 Interest Rate and In-Lieu of Interest Charges.
(a) The Recipient agrees to make all Payments according to the schedule in Exhibit E, and as otherwise set forth herein, at an interest rate of one point sixty-five percent (1.65%) per annum. (b) Interest will accrue beginning with each disbursement. (c) In lieu of, and not to exceed, interest otherwise due under this Agreement, the Recipient agrees to pay the following charge(s), as further set forth in Exhibit E:
an Administrative Service Charge
a Small Community Grant Fund Charge
B.2.4 [Reserved.]
B.2.5 Obligation Absolute.
The obligation of the Recipient to make the Payments and other payments required to be made by it under this Agreement, from the Net Revenues and/or other amounts legally available to the Recipient therefor, is absolute and unconditional, and until such time as the Payments and Additional Payments have been paid in full, the Recipient must not discontinue or suspend any Payments or other payments required to be made by it hereunder when due, whether or not the Project, or any related part thereof is operating or operable or has been completed, or its use is suspended, interfered with, reduced or curtailed or terminated in whole or in part, and such Payments and other payments shall not be subject to reduction whether by offset or otherwise and shall not be conditional upon the performance or nonperformance by any party of any agreement for any cause whatsoever.
B.2.6 Payment Timing.
(a) Beginning one year after Completion of Construction, the Recipient must submit an annual Payment of the principal of the Project Funds, together with all interest accruing thereon. The Recipient must make Payments fully amortizing the total principal of the Project by the Final Payment Date. Payments are based on a standard fully amortized assistance amount with equal annual payments. (b) The remaining balance is the previous balance, plus the disbursements, plus the accrued interest on both, plus any Charge In Lieu of Interest, less the Payment. Payment calculations will be made beginning one (1) year after Completion of Construction. Exhibit E is a payment schedule based on the provisions of this Exhibit and an estimated disbursement schedule. Actual payments will be based on actual disbursements.
(c) Upon Completion of Construction and submission of necessary reports by the Recipient, the Division will prepare an appropriate payment schedule and supply the same to the Recipient. The Division may amend this schedule as necessary to accurately reflect amounts due under this Agreement. The Division will prepare any necessary amendments to the payment schedule and send them to the Recipient. The Recipient must make each Payment on or before the due date therefor. A ten (10) day grace period will be allowed, after which time a penalty in the amount of costs incurred by the State Water Board will be assessed for late payment. These costs may include, but are not limited to, lost interest earnings, staff time, bond debt service default penalties, if any, and other related costs. For purposes of penalty assessment, payment will be deemed to have been made if payment is deposited in the U.S. Mail within the grace period with postage prepaid and properly addressed. Any penalties assessed will not be added to the assistance amount balance, but will be treated as a separate account and obligation of the Recipient. The interest penalty will be assessed from the payment due date.
City of La Mesa
Agreement No.: D2301002
Project No.: C-06-8608-110
Exhibit B
(d) The Recipient is obligated to make all payments required by this Agreement to the State Water Board, notwithstanding any individual default by its constituents or others in the payment to the Recipient of fees, charges, taxes, assessments, tolls or other charges ("Charges") levied or imposed by the Recipient. The Recipient must provide for the punctual payment to the State Water Board of all amounts which become due under this Agreement and which are received from constituents or others in the payment to the Recipient. In the event of failure, neglect or refusal of any officer of the Recipient to levy or cause to be levied any Charge to provide payment by the Recipient under this Agreement, to enforce or to collect such Charge, or to pay over to the State Water Board any money collected on account of such Charge necessary to satisfy any amount due under this Agreement, the State Water Board may take such action in a court of competent jurisdiction as it deems necessary to compel the performance of all duties relating to the imposition or levying and collection of any of such Charges and the payment of the money collected therefrom to the State Water Board. Action taken pursuant hereto shall not deprive the State Water Board of, or limit the application of, any other remedy provided by law or by this Agreement. (e) Each Payment must be paid in lawful money of the United States of America by check or other acceptable form of payment set forth at www.waterboards.ca.gov/make_a_payment.
The Recipient must pay Payments and Additional Payments from Net Revenues and/or other amounts legally available to the Recipient therefor.
B.2.7 Pledged Revenues.
B.2.7.1 Establishment of Enterprise Fund and Reserve Fund.
In order to carry out its System Obligations, the Recipient covenants that it shall establish and maintain or shall have established and maintained the Enterprise Fund. All Revenues received shall be deposited when and as received in trust in the Enterprise Fund. As required in this Exhibit, the Recipient must establish and maintain a Reserve Fund.
B.2.7.2 Pledge of Net Revenues, Enterprise Fund, and Reserve Fund.
The Obligation hereunder shall be secured by a lien on and pledge of the Enterprise Fund, Net Revenues, and any Reserve Fund on parity with the Parity Obligations. The Recipient hereby pledges and grants such lien on and pledge of the Enterprise Fund, Net Revenues, and any Reserve Fund to secure the Obligation, including payment of Payments and Additional Payments hereunder. The Enterprise Fund, Net Revenues in the Enterprise Fund, and any Reserve Fund shall be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the Recipient.
B.2.7.3 Application and Purpose of the Enterprise Fund.
Subject to the provisions of any outstanding System Obligation, money on deposit in the Enterprise Fund shall be applied and used first, to pay Operations and Maintenance Costs, and thereafter, all amounts due and payable with respect to the System Obligations in order of priority. After making all payments hereinabove required to be made in each Fiscal Year, the Recipient may expend in such Fiscal Year any remaining money in the Enterprise Fund for any lawful purpose of the Recipient.
B.2.8 No Prepayment.
Pursuant to State Water Board’s Debt Management Policy, adopted on October 3, 2017, the Recipient may not prepay any portion of the principal and interest due under this Agreement without the written consent of the Deputy Director of the Division.
City of La Mesa
Agreement No.: D2301002
Project No.: C-06-8608-110
Exhibit B
B.2.9 Reserve Fund.
Prior to Completion of Construction, the Recipient must establish a restricted Reserve Fund, held in its Enterprise Fund, equal to one year’s Debt Service on this Obligation. The Recipient must maintain the Reserve Fund throughout the term of this Agreement. The Reserve Fund is subject to lien and pledged as security for this Obligation, and its use is restricted to payment of this Obligation during the term of this Agreement.
B.3 RATES, FEES AND CHARGES.
(a) The Recipient must, to the extent permitted by law, fix, prescribe and collect rates, fees and charges for the System during each Fiscal Year which are reasonable, fair, and nondiscriminatory and which will be sufficient to generate Revenues in the amounts necessary to cover Operations and Maintenance Costs, and must ensure that Net Revenues are equal to the sum of (i) at least 120% of the Maximum Annual Debt Service with respect to all outstanding System Obligations senior to and on parity with the Obligation and (ii) at least 100% of the Maximum Annual Debt Service with respect to all outstanding System Obligations subordinate to the Obligation, so long as System Obligations other than this Obligation are outstanding. Upon defeasance of all System Obligations other than this Obligation, this ratio must be at least 120%, except where System Obligations are defeased pursuant to refunding obligations.
(b) The Recipient may make adjustments from time to time in such fees and charges and may make such classification thereof as it deems necessary, but shall not reduce the rates, fees and charges then in effect unless the Net Revenues from such reduced rates, fees, and charges will at all times be sufficient to meet the requirements of this section.
(c) Upon consideration of a voter initiative to reduce Revenues, the Recipient must make a finding regarding the effect of such a reduction on the Recipient's ability to satisfy the rate covenant set forth in this Section. The Recipient must make its findings available to the public. The Recipient’s Authorized Representative must request, if necessary, the authorization of the Recipient’s decision-maker or decision-making body to file litigation to challenge any such initiative that it finds will render it unable to satisfy the rate covenant set forth in this Agreement and its obligation to operate and maintain the Project for its Useful Life. The Recipient must diligently pursue and bear any and all costs related to such challenge. The Recipient must notify and regularly update the State Water Board regarding the status of any such challenge.
B.4 ADDITIONAL DEBT.
(a) The Recipient’s future debt that is secured by Revenues pledged herein may not be senior to this Obligation.
(b) The Recipient may issue additional parity or subordinate debt only if all of the following conditions are met:
i. No Event of Default (or no event with respect to which notice has been given and which, once all notice of grace periods have passed, would constitute an Event of Default) has occurred and is continuing;
ii. Net Revenues in the most recent Fiscal Year, excluding transfers from a rate stabilization fund, if any, meet the ratio for rate covenants set forth in this Exhibit with respect to any outstanding and proposed additional obligations;
iii. The Recipient is in compliance with any reserve fund requirement of this Obligation.
City of La Mesa
Agreement No.: D2301002
Project No.: C-06-8608-110
Exhibit B
B.5 NO LIENS.
The Recipient must not make any pledge of or place any lien on the Project, System, or Revenues except as otherwise provided or permitted by this Agreement.
City of La Mesa
Agreement No.: D2301002
Project No.: C-06-8608-110
Exhibit C
EXHIBIT C – GENERAL & PROGRAMMATIC TERMS & CONDITIONS
C.1 REPRESENTATIONS & WARRANTIES.
The Recipient represents, warrants, and commits to the following as of the Eligible Work Start Date and continuing thereafter for the term of this Agreement.
C.1.1 Application and General Recipient Commitments.
The Recipient has not made any untrue statement of a material fact in its application for this financial assistance, or omitted to state in its application a material fact that makes the statements in its application not misleading.
The Recipient agrees to comply with all terms, provisions, conditions, and commitments of this Agreement, including all incorporated documents.
The Recipient agrees to fulfill all assurances, declarations, representations, and commitments in its application, accompanying documents, and communications filed in support of its request for funding under this Agreement.
C.1.2 Authorization and Validity.
The execution and delivery of this Agreement, including all incorporated documents, has been duly authorized by the Recipient. Upon execution by both parties, this Agreement constitutes a valid and binding obligation of the Recipient, enforceable in accordance with its terms, except as such enforcement may be limited by law.
C.1.3 No Violations.
The execution, delivery, and performance by Recipient of this Agreement, including all incorporated documents, do not violate any provision of any law or regulation in effect as of the date of execution of this Agreement by the Recipient, or result in any breach or default under any contract, obligation, indenture, or other instrument to which Recipient is a party or by which Recipient is bound as of the date of execution of this Agreement by the Recipient.
C.1.4 No Litigation.
There are, as of the date of execution of this Agreement by the Recipient, no pending or, to Recipient’s knowledge, threatened actions, claims, investigations, suits, or proceedings before any governmental authority, court, or administrative agency which materially affect the financial condition or operations of the Recipient, the System, the Revenues, and/or the Project.
There are no proceedings, actions, or offers by a public entity to acquire by purchase or the power of eminent domain the System or any of the real or personal property related to or necessary for the Project.
C.1.5 Property Rights.
The Recipient owns or has sufficient property rights in the Project property for the longer of the Useful Life or the term of this Agreement, either in fee simple or for a term of years that is not subject to third-party revocation during the Useful Life of the Project.
City of La Mesa
Agreement No.: D2301002
Project No.: C-06-8608-110
Exhibit C
C.1.6 Solvency and Insurance.
None of the transactions contemplated by this Agreement will be or have been made with an actual intent to hinder, delay, or defraud any present or future creditors of Recipient. The Recipient is solvent and will not be rendered insolvent by the transactions contemplated by this Agreement. The Recipient is able to pay its debts as they become due. The Recipient maintains sufficient insurance coverage considering the scope of this Agreement, including, for example but not necessarily limited to, general liability, automobile liability, workers compensation and employer liability, professional liability.
C.1.7 Legal Status and Eligibility.
The Recipient is duly organized and existing and in good standing under the laws of the State of California. Recipient must at all times maintain its current legal existence and preserve and keep in full force and effect its legal rights and authority. The Recipient acknowledges that changes to its legal or financial status may affect its eligibility for funding under this Agreement and commits to maintaining its eligibility. Within the preceding ten years, the Recipient has not failed to demonstrate compliance with state or federal audit disallowances.
C.1.8 Financial Statements and Continuing Disclosure.
The financial statements of Recipient previously delivered to the State Water Board as of the date(s) set forth in such financial statements: (a) are materially complete and correct; (b) present fairly the financial condition of the Recipient; and (c) have been prepared in accordance with GAAP. Since the date(s) of such financial statements, there has been no material adverse change in the financial condition of the Recipient, nor have any assets or properties reflected on such financial statements been sold, transferred, assigned, mortgaged, pledged or encumbered, except as previously disclosed in writing by Recipient and approved in writing by the State Water Board.
The Recipient is current in its continuing disclosure obligations associated with its material debt, if any.
C.1.9 System Obligations
The Recipient has no System Obligations other than those defined in this Agreement.
C.1.10 No Other Material Debt.
The Recipient has no Material Obligations other than System Obligations C.1.11 Compliance with State Water Board Funding Agreements.
The Recipient represents that it is in compliance with all State Water Board funding agreements to which it is a party.
C.2 DEFAULTS AND REMEDIES
In addition to any other remedy set forth in this Agreement, the following remedies are available under this Agreement.
C.2.1 Return of Funds; Acceleration; and Additional Payments.
Notwithstanding any other provision of this Agreement, if the Division determines that an Event of Default has occurred, the Recipient may be required, upon demand, immediately to do each of the following:
City of La Mesa
Agreement No.: D2301002
Project No.: C-06-8608-110
Exhibit C
i. return to the State Water Board any grant or principal forgiveness amounts received pursuant to this Agreement;
ii. accelerate the payment of any principal owed under this Agreement, all of which shall be immediately due and payable;
iii. pay interest at the highest legal rate on all of the foregoing; and iv. pay any Additional Payments.
C.2.2 [Reserved.]
C.2.3 Administrative remedies.
Whenever the State Water Board determines that the Recipient, the Recipient’s contractor, consultant, employee, agent, assignee, or grantee has violated any requirement or term of the Agreement, the State Water Board may impose civil penalties in accordance with Water Code, section 13497. The State Water Board may impose civil liability administratively against the Recipient or the Recipient’s consultant or contractor or other agent furnishing any information related to funds disbursed or costs claimed for reimbursement if the Recipient or the Recipient’s consultant or contractor or other agent fails to personally attest that the information is true, accurate, and complete the best of one’s knowledge. (Wat.
Code, § 13498.) The State Water Board may impose civil liability administratively against any person who makes a misrepresentation in any submittal to the State Water Board, including, but not limited to, an application, report, certification, record, invoice, form, or other document that is submitted to the State Water Board relating to a financial assistance agreement. (Wat. Code, § 13499.) C.2.4 Judicial remedies.
Whenever the State Water Board determines that an Event of Default shall have occurred, the State Water Board may enforce its rights under this Agreement by any judicial proceeding, whether at law or in equity. Without limiting the generality of the foregoing, the State Water Board may:
i. by suit in equity, require the Recipient to account for amounts relating to this Agreement as if the Recipient were the trustee of an express trust; ii. by mandamus or other proceeding, compel the performance by the Recipient and any of its officers, agents, and employees of any duty under the law or of any obligation or covenant under this Agreement, including but not limited to the imposition and collection of rates for the services of the System sufficient to meet all requirements of this Agreement; and
iii. take whatever action at law or in equity as may appear necessary or desirable to the State Water Board to collect the Payments then due or thereafter to become due, or to enforce performance of any obligation or covenant of the Recipient under this Agreement.
C.2.5 Termination.
Upon an Event of Default, the State Water Board may terminate this Agreement. Interest shall accrue on all amounts due at the highest legal rate of interest from the date that the State Water Board delivers notice of termination to the Recipient.
C.2.6 Damages for Breach of Tax-Exempt Status.
In the event that any breach of any of the provisions of this Agreement by the Recipient results in the loss of tax-exempt status for any bonds of the State or any subdivision or agency thereof, or if such breach results in an obligation on the part of the State or any subdivision or agency thereof to reimburse the federal government by reason of any arbitrage profits, the Recipient must immediately reimburse the
City of La Mesa
Agreement No.: D2301002
Project No.: C-06-8608-110
Exhibit C
State or any subdivision or agency thereof in an amount equal to any damages paid by or loss incurred by the State or any subdivision or agency thereof due to such breach.
C.2.7 Damages for Breach of Federal Conditions.
In the event that any breach of any of the provisions of this Agreement by the Recipient results in the failure of Project Funds to be used pursuant to the provisions of this Agreement, or if such breach results in an obligation on the part of the State or any subdivision or agency thereof to reimburse the federal government, the Recipient must immediately reimburse the State or any subdivision or agency thereof in an amount equal to any damages paid by or loss incurred by the State or any subdivision or agency thereof due to such breach.
C.2.8 Remedies and Limitations.
None of the remedies available to the State Water Board shall be exclusive of any other remedy, and each such remedy shall be cumulative and in addition to every other remedy given hereunder or now or hereafter existing at law or in equity. The State Water Board may exercise any remedy, now or hereafter existing, without exhausting and without regard to any other remedy.
Any claim of the Recipient is limited to the rights and remedies provided to the Recipient under this Agreement and is subject to the claims procedures provided to the Recipient under this Agreement.
C.2.9 Non-Waiver.
Nothing in this Agreement shall affect or impair the Recipient’s Obligation to pay Payments as provided herein or shall affect or impair the right of the State Water Board to bring suit to enforce such payment.
No delay or omission of the State Water Board in the exercise of any right arising upon an Event of Default shall impair any such right or be construed to be a waiver of any such Event of Default. The State Water Board may exercise from time to time and as often as shall be deemed expedient by the State Water Board, any remedy or right provided by law or pursuant to this Agreement.
C.2.10 Status Quo.
If any action to enforce any right or exercise any remedy shall be brought and either discontinued or determined adversely to the State Water Board, then the State Water Board shall be restored to its former position, rights and remedies as if no such action had been brought.
C.3 STANDARD CONDITIONS
C.3.1 Access, Inspection, and Public Records.
The Recipient must ensure that the State Water Board, the Governor of the State, the USEPA, the USEPA’s Office of Inspector General, any member of Congress, or any authorized representative of the foregoing, will have safe and suitable access to the Project site at all reasonable times during Project construction and thereafter for the term of the Agreement. The Recipient acknowledges that, except for a subset of information regarding archaeological records, the Project records and locations are public records, including but not limited to all of the submissions accompanying the application, all of the documents incorporated into this Agreement by reference, and all reports, reimbursement requests, and supporting documentation submitted hereunder.
City of La Mesa
Agreement No.: D2301002
Project No.: C-06-8608-110
Exhibit C
C.3.2 Accounting and Auditing Standards; Financial Management Systems; Records Retention. (a) The Recipient must maintain project accounts according to GAAP as issued by the Governmental Accounting Standards Board (GASB) or its successor. The Recipient must maintain GAAP-compliant project accounts, including GAAP requirements relating to the reporting of infrastructure assets. (b) The Recipient must comply with federal standards for financial management systems. The Recipient agrees that, at a minimum, its fiscal control and accounting procedures will be sufficient to permit preparation of reports required by the federal government and tracking of Project funds to a level of expenditure adequate to establish that such funds have not been used in violation of federal or state law or the terms of this Agreement. To the extent applicable, the Recipient is bound by, and must comply with, the provisions and requirements of the federal Single Audit Act of 1984 and 2 CFR Part 200, subpart F, and updates or revisions, thereto.
(c) Without limitation of the requirement to maintain Project accounts in accordance with GAAP, the Recipient must:
i. Establish an official file for the Project which adequately documents all significant actions relative to the Project;
ii. Establish separate accounts which will adequately and accurately depict all amounts received and expended on the Project, including all assistance funds received under this Agreement;
iii. Establish separate accounts which will adequately depict all income received which is attributable to the Project, specifically including any income attributable to assistance funds disbursed under this Agreement; iv. Establish an accounting system which will accurately depict final total costs of the Project, including both direct and indirect costs;
v. Establish such accounts and maintain such records as may be necessary for the State to fulfill federal reporting requirements, including any and all reporting requirements under federal tax statutes or regulations; and vi. If Force Account is used by the Recipient for any phase of the Project, other than for planning, design, and construction engineering and administration provided for by allowance, accounts will be established which reasonably document all employee hours charged to the Project and the associated tasks performed by each employee.
(d) The Recipient must maintain separate books, records and other material relative to the Project.
The Recipient must also retain such books, records, and other material for itself and for each contractor or subcontractor who performed or performs work on this project for a minimum of thirty-six (36) years after Completion of Construction. The Recipient must require that such books, records, and other material are subject at all reasonable times (at a minimum during normal business hours) to inspection, copying, and audit by the State Water Board, the California State Auditor, the Bureau of State Audits, the USEPA, the USEPA’s Office of Inspector General, the Internal Revenue Service, the Governor, or any authorized representatives of the aforementioned. The Recipient must allow and must require its contractors to allow interviews during normal business hours of any employees who might reasonably have information related to such records. The Recipient agrees to include a similar duty regarding audit, interviews, and records retention in any contract or subcontract related to the performance of this Agreement. The provisions of this section survive the term of this Agreement.
C.3.3 Amendment.
No amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed by both the Recipient and the Deputy Director or designee.
City of La Mesa
Agreement No.: D2301002
Project No.: C-06-8608-110
Exhibit C
Requests for amendments must be in writing and directed to the contact listed in Section 4 and to the Division’s Chief of Loans and Grants Administration Section.
C.3.4 Assignability.
This Agreement is not assignable by the Recipient, either in whole or in part, without the consent of the State Water Board in the form of a formal written amendment to this Agreement.
C.3.5 Audit.
(a) The Division may call for an audit of financial information relative to the Project if the Division determines that an audit is desirable to assure program integrity or if an audit becomes necessary because of state or federal requirements. If an audit is called for, the audit must be performed by a certified public accountant independent of the Recipient and at the cost of the Recipient. The audit must be in the form required by the Division.
(b) Audit disallowances must be returned to the State Water Board.
C.3.6 Bonding.
Where contractors are used, the Recipient must not authorize construction to begin until each contractor has furnished a performance bond in favor of the Recipient in the following amounts: faithful performance (100%) of contract value; labor and materials (100%) of contract value. This requirement shall not apply to any contract for less than $25,000.00.
C.3.7 Competitive Bidding
Recipient must adhere to any applicable state law or local ordinance for competitive bidding and applicable labor laws.
C.3.8 Compliance with Applicable Laws, Rules, and Requirements.
The Recipient must, at all times, comply with and require its contractors and subcontractors to comply with all applicable federal and state laws, rules, guidelines, regulations, and requirements. Without limitation of the foregoing, to the extent applicable, the Recipient must:
(a) Comply with the provisions of the adopted environmental mitigation plan, if any, for the term of this Agreement;
(b) Comply with the Policy; and
(c) Comply with and require compliance with the state and federal requirements set forth elsewhere in this Agreement.
C.3.9 Computer Software.
The Recipient certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this Agreement for the acquisition, operation or maintenance of computer software in violation of copyright laws.
C.3.10 Conflict of Interest.
The Recipient certifies that its owners, officers, directors, agents, representatives, and employees are in compliance with applicable state and federal conflict of interest laws.
City of La Mesa
Agreement No.: D2301002
Project No.: C-06-8608-110
Exhibit C
C.3.11 Continuous Use of Project; No Lease, Sale, Transfer of Ownership, or Disposal of Project.
The Recipient agrees that, except as provided in this Agreement, it will not abandon, substantially discontinue use of, lease, sell, transfer ownership of, or dispose of all or a significant part or portion of the Project during the Useful Life of the Project without prior written approval of the Division. Such approval may be conditioned as determined to be appropriate by the Division, including a condition requiring repayment of all disbursed Project Funds or all or any portion of all remaining funds covered by this Agreement together with accrued interest and any penalty assessments that may be due.
C.3.12 Data Management.
The Recipient will undertake appropriate data management activities so that Project data can be incorporated into statewide data systems.
C.3.13 Disputes.
(a) The Recipient may appeal a staff decision within 30 days to the Deputy Director of the Division or designee, for a final Division decision. The Recipient may appeal a final Division decision to the State Water Board within 30 days. The Office of the Chief Counsel of the State Water Board will prepare a summary of the dispute and make recommendations relative to its final resolution, which will be provided to the State Water Board’s Executive Director and each State Water Board Member. Upon the motion of any State Water Board Member, the State Water Board will review and resolve the dispute in the manner determined by the State Water Board. Should the State Water Board determine not to review the final Division decision, this decision will represent a final agency action on the dispute. (b) This clause does not preclude consideration of legal questions, provided that nothing herein shall be construed to make final the decision of the State Water Board, or any official or representative thereof, on any question of law.
(c) Recipient must continue with the responsibilities under this Agreement during any dispute. (d) This section relating to disputes does not establish an exclusive procedure for resolving claims within the meaning of Government Code sections 930 and 930.4.
C.3.14 [Reserved.]
C.3.15 Environmental Clearance.
(a) No work that is subject to CEQA or NEPA may proceed under this Agreement unless the State Water Board has provided environmental clearance. The State Water Board may require changes in the scope of work or additional mitigation as a condition to providing construction or implementation funding under this Agreement. Recipient shall not perform any work subject to CEQA and/or NEPA before the State Water Board completes its environmental review and specifies any changes in scope or additional mitigation that may be required. Proceeding with work subject to CEQA and/or NEPA without approval by the State Water Board shall constitute a breach of a material provision of this Agreement. (b) If this Project includes modification of a river or stream channel, the Recipient must fully mitigate environmental impacts resulting from the modification. The Recipient must provide documentation that the environmental impacts resulting from such modification will be fully mitigated considering all of the impacts of the modification and any mitigation, environmental enhancement, and environmental benefit resulting from the Project, and whether, on balance, any environmental enhancement or benefit equals or exceeds any negative environmental impacts of the Project.
City of La Mesa
Agreement No.: D2301002
Project No.: C-06-8608-110
Exhibit C
C.3.16 Governing Law.
This Agreement is governed by and shall be interpreted in accordance with the laws of the State of California.
C.3.17 Income Restrictions.
The Recipient agrees that any refunds, rebates, credits, or other amounts (including any interest thereon) accruing to or received by the Recipient under this Agreement must be paid by the Recipient to the State Water Board, to the extent that they are properly allocable to costs for which the Recipient has been reimbursed by the State Water Board under this Agreement.
C.3.18 Indemnification and State Reviews.
The parties agree that review or approval of Project plans and specifications by the State Water Board is for administrative purposes only, including conformity with application and eligibility criteria, and expressly not for the purposes of design defect review or construction feasibility, and does not relieve the Recipient of its responsibility to properly plan, design, construct, operate, and maintain the Project. To the extent permitted by law, the Recipient agrees to indemnify, defend, and hold harmless the State Water Board, the Bank, and any trustee, and their officers, employees, and agents for the Bonds, if any (collectively, "Indemnified Persons"), against any loss or liability arising out of any claim or action brought against any Indemnified Persons from and against any and all losses, claims, damages, liabilities, or expenses, of every conceivable kind, character, and nature whatsoever arising out of, resulting from, or in any way connected with (1) the System or the Project or the conditions, occupancy, use, possession, conduct, or management of, work done in or about, or the planning, design, acquisition, installation, or construction, of the System or the Project or any part thereof; (2) the carrying out of any of the transactions contemplated by this Agreement or any related document; (3) any violation of any applicable law, rule or regulation, any environmental law (including, without limitation, the Federal Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the California Hazardous Substance Account Act, the Federal Water Pollution Control Act, the Clean Air Act, the Toxic Substances Control Act, the Occupational Safety and Health Act, the Safe Drinking Water Act, the California Hazardous Waste Control Law, and California Water Code Section 13304, and any successors to said laws), rule or regulation or the release of any toxic substance on or near the System or the Project; or (4) any untrue statement or alleged untrue statement of any material fact or omission or alleged omission to state a material fact necessary to make the statements required to be stated therein, in light of the circumstances under which they were made, not misleading with respect to any information provided by the Recipient for use in any disclosure document utilized in connection with any of the transactions contemplated by this Agreement, except those arising from the gross negligence or willful misconduct of the Indemnified Persons. The Recipient must also provide for the defense and indemnification of the Indemnified Persons in any contractual provision extending indemnity to the Recipient in any contract let for the performance of any work under this Agreement, and must cause the Indemnified Persons to be included within the scope of any provision for the indemnification and defense of the Recipient in any contract or subcontract. To the fullest extent permitted by law, the Recipient agrees to pay and discharge any judgment or award entered or made against Indemnified Persons with respect to any such claim or action, and any settlement, compromise or other voluntary resolution. The provisions of this section survive the term of this Agreement.
C.3.19 Independent Actor.
The Recipient, and its agents and employees, if any, in the performance of this Agreement, shall act in an independent capacity and not as officers, employees, or agents of the State Water Board.
City of La Mesa
Agreement No.: D2301002
Project No.: C-06-8608-110
Exhibit C
C.3.20 Integration.
This Agreement constitutes the complete and final agreement between the parties. No oral or written understanding or agreement not incorporated in this Agreement shall be binding on either party.
C.3.21 Leveraging Covenants.
(a) Notwithstanding any other provision hereof, the Recipient covenants and agrees that it will comply with the Tax Covenants set forth in Exhibit F of this Agreement. (a) The Recipient covenants to furnish such financial, operating and other data pertaining to the Recipient as may be requested by the State Water Board to: (i) enable the State Water Board to cause the issuance of Bonds and provide for security therefor; or (ii) enable any underwriter of Bonds issued for the benefit of the State Water Board to comply with Rule 15c2-12(b)(5). (b) The Recipient further covenants to provide the State Water Board with copies of all continuing disclosure documents or reports that are disclosed pursuant to (i) the Recipient’s continuing disclosure undertaking or undertakings made in connection with any outstanding System Obligation, (ii) the terms of any outstanding System Obligation, or (iii) a voluntary disclosure of information related to an outstanding System Obligation. The Recipient must disclose such documents or reports to the State Water Board at the same time such documents or reports are submitted to any dissemination agent, trustee, nationally recognized municipal securities information repository, the Municipal Securities Rulemaking Board’s Electronic Municipal Market Access (EMMA) website or other person or entity.
C.3.22 No Discrimination.
(a) The Recipient must comply with Government Code section 11135 and the implementing regulations (Cal. Code Regs, tit. 2, § 11140 et seq.), including, but not limited to, ensuring that no person is unlawfully denied full and equal access to the benefits of, or unlawfully subjected to discrimination in the operation of, the Project or System on the basis of sex, race, color, religion, ancestry, national origin, ethnic group identification, age, mental disability, physical disability, medical condition, genetic information, marital status, or sexual orientation as such terms are defined under California law, for as long as the Recipient retains ownership or possession of the Project.
(b) If Project Funds are used to acquire or improve real property, the Recipient must include a covenant of nondiscrimination running with the land in the instrument effecting or recording the transfer of such real property.
(c) The Recipient must comply with the federal American with Disabilities Act of 1990 and implementing regulations as required by Government Code section 11135(b). (d) The Recipient’s obligations under this section shall survive the term of this Agreement. (e) During the performance of this Agreement, Recipient and its contractors and subcontractors must not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, sexual orientation, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, denial of family care leave, or genetic information, gender, gender identity, gender expression, or military and veteran status.
(f) The Recipient, its contractors, and subcontractors must ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
City of La Mesa
Agreement No.: D2301002
Project No.: C-06-8608-110
Exhibit C
(g) The Recipient, its contractors, and subcontractors must comply with the provisions of the Fair Employment and Housing Act and the applicable regulations promulgated thereunder. (Gov. Code, §12990, subds. (a)-(f) et seq.;Cal. Code Regs., tit. 2, § 7285 et seq.) Such regulations are incorporated into this Agreement by reference and made a part hereof as if set forth in full. (h) The Recipient, its contractors, and subcontractors must comply with all applicable federal civil rights regulations, including statutory and national policy requirements. (2 CFR § 200.300). This includes, to the greatest extent practicable and to the extent permitted by law, the requirement to respect and protect the freedom of persons and organizations to engage in political and religious speech. (Executive Order 13798).
(i) The Recipient, its contractors, and subcontractors must give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (j) The Recipient must include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement.
C.3.23 No Third Party Rights.
The parties to this Agreement do not create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or of any duty, covenant, obligation, or undertaking established herein.
C.3.24 No Obligation of the State.
Any obligation of the State Water Board herein contained shall not be an obligation, debt, or liability of the State and any such obligation shall be payable solely out of the moneys encumbered pursuant to this Agreement.
C.3.25 Notice.
Upon the occurrence of any of the following events, the Recipient must provide notice as set forth below. (a) Within 24 hours of the following, the Recipient must notify the Division by phone at (916) 327-9978 and by email to [email protected], [email protected], and [email protected]:
i. The seizure of, or levy on, any Revenues securing this Agreement; ii. Any discovery of any potential tribal cultural resource and/or archaeological or historical resource (also notify the Division’s Senior Cultural Resources Officer, [email protected] or (916) 323-0626). Should a potential tribal cultural resource and/or archaeological or historical resource be discovered during construction or Project implementation, the Recipient must ensure that all work in the area of the find will cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the Division has determined what actions should be taken to protect and preserve the resource. The Recipient must implement appropriate actions as directed by the Division.
(b) [Reserved.]
(c) Within five (5) business days, the Recipient must notify the Division by phone at (916) 327-9978; by email to [email protected],
[email protected], [email protected], and [email protected]; and by mail to the contact address set forth in Section 4 of this Agreement of the occurrence of any of the following events:
City of La Mesa
Agreement No.: D2301002
Project No.: C-06-8608-110
Exhibit C
i. Bankruptcy, insolvency, receivership or similar event of the Recipient, or actions taken in anticipation of any of the foregoing;
ii. Change of ownership of the Project or the System or change of management or service contracts, if any, for operation of the System; iii. Loss, theft, damage, or impairment to Project, the Revenues or the System; iv. Failure to meet any debt service coverage test in Exhibit B of this Agreement; v. Draws on the Reserve Fund;
vi. Listed Events and Events of Default, except as otherwise set forth in this section; vii. Failure to observe or perform any covenant or comply with any condition in this Agreement;
viii. An offer from a public entity to purchase the Project or the System or any portion thereof, or any of the real or personal property related to or necessary for the Project;
ix. A proceeding or action by a public entity to acquire the Project or the System by power of eminent domain;
x. Incurrence of a System Obligation or other Material Obligation by the Recipient; or
xi. A default, event of acceleration, termination event, modification of terms, or other similar event under the terms of a System Obligation or other Material Obligation of the Recipient, any of which reflect financial difficulties. (d) Within ten (10) business days, the Recipient must notify the Division by phone at (916) 327-9978, by email to [email protected], [email protected], and [email protected], and by mail to the contact address set forth in Section 4 of this Agreement of the following events:
i. Material defaults on Material Obligations, other than this Obligation; ii. Unscheduled draws on material debt service reserves or credit enhancements, reflecting financial difficulties;
iii. Substitution of credit or liquidity providers, if any or their failure to perform; iv. Any litigation pending or threatened with respect to the Project or the Recipient’s technical, managerial or financial capacity to operate the System or the Recipient’s continued existence, or any judgment or court order relating to such litigation that has a significant effect on the Project or the System; v. Circulation of a petition to repeal, reduce, or otherwise challenge the Recipient’s rates for services of the System;
vi. Consideration of dissolution, or disincorporation, or any other event that could materially impair the Revenues;
vii. Adverse tax opinions, the issuance by the Internal Revenue Service or proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701- TEB) or other material notices of determinations with respect to the tax status of any tax-exempt bonds;
viii. Rating changes on outstanding System Obligations, if any; ix. Enforcement actions by or brought on behalf of the State Water Board or Regional Water Board; or
x. Any investigation by the District Attorney, California State Auditor, Bureau of State Audits, USEPA’s Office of Inspector General, the Internal Revenue Service, Securities and Exchange Commission, a grand jury, or any other state or federal agency, relating to the Recipient’s financial management, accounting procedures, or internal fiscal controls;
(e) The Recipient must notify the Division promptly by phone at (916) 327-9978, by email to [email protected], [email protected], and
City of La Mesa
Agreement No.: D2301002
Project No.: C-06-8608-110
Exhibit C
[email protected], and by mail to the contact address set forth in Section 4 of this Agreement of any of the following events:
i. The discovery of a false statement of fact or representation made in this Agreement or in the application to the Division for this financial assistance, or in any certification, report, or request for reimbursement made pursuant to this Agreement, by the Recipient, its employees, agents, or contractors; ii. Any substantial change in scope of the Project. The Recipient must undertake no substantial change in the scope of the Project until prompt written notice of the proposed change has been provided to the Division and the Division has given written approval for the change;
iii. Cessation of all major construction work on the Project where such cessation of work is expected to or does extend for a period of thirty (30) days or more; iv. Any circumstance, combination of circumstances, or condition, which is expected to or does delay Completion of Construction for a period of ninety (90) days or more;
v. Discovery of any unexpected endangered or threatened species, as defined in the federal Endangered Species Act. Should a federally protected species be unexpectedly encountered during construction of the Project, the Recipient agrees to promptly notify the Division. This notification is in addition to the Recipient’s obligations under the federal Endangered Species Act; vi. Any Project monitoring, demonstration, or other implementation activities required in Exhibit A or Exhibit D of this Agreement, if any; vii. Any public or media event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for attendance and participation by state representatives with at least ten (10) working days’ notice to the Division. The Recipient is encouraged to notify the EPA project officer ; viii. Any allegation of research misconduct involving research activities that are supported in whole or in part with EPA funds under this Project, as required by Exhibit C.4.3(xxvii);
ix. Any events requiring notice to the Division pursuant to the provisions of this Agreement;
x. Completion of Construction of the Project, and actual Project Completion; xi. The award of the prime construction contract for the Project; xii. Initiation of construction of the Project.
C.3.26 Operation and Maintenance; Insurance.
The Recipient agrees to sufficiently and properly staff, operate and maintain all portions of the System during the Useful Life of the Project in accordance with all applicable state and federal laws, rules, and regulations.
The Recipient will procure and maintain or cause to be maintained insurance on the System with responsible insurers, or as part of a reasonable system of self-insurance, in such amounts and against such risks (including damage to or destruction of the System) as are usually covered in connection with systems similar to the System. Such insurance may be maintained by a self-insurance plan so long as such plan provides for (i) the establishment by the Recipient of a separate segregated self-insurance fund in an amount determined (initially and on at least an annual basis) by an independent insurance consultant experienced in the field of risk management employing accepted actuarial techniques and (ii) the establishment and maintenance of a claims processing and risk management program.
In the event of any damage to or destruction of the System caused by the perils covered by such insurance, the net proceeds thereof shall be applied to the reconstruction, repair or replacement of the damaged or destroyed portion of the System. The Recipient must begin such reconstruction, repair or
City of La Mesa
Agreement No.: D2301002
Project No.: C-06-8608-110
Exhibit C
replacement as expeditiously as possible, and must pay out of such net proceeds all costs and expenses in connection with such reconstruction, repair or replacement so that the same must be completed and the System must be free and clear of all claims and liens. If such net proceeds are insufficient to reconstruct, repair, or restore the System to the extent necessary to enable the Recipient to pay all remaining unpaid principal portions of the Payments, if any, in accordance with the terms of this Agreement, the Recipient must provide additional funds to restore or replace the damaged portions of the System.
Recipient agrees that for any policy of insurance concerning or covering the construction of the Project, it will cause, and will require its contractors and subcontractors to cause, a certificate of insurance to be issued showing the State Water Board, its officers, agents, employees, and servants as additional insured; and must provide the Division with a copy of all such certificates prior to the commencement of construction of the Project.
C.3.27 Permits, Subcontracting, and Remedies.
Recipient must procure all permits, licenses and other authorizations necessary to accomplish the work contemplated in this Agreement, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. Signed copies of any such permits or licenses must be submitted to the Division before any construction begins.
The Recipient must not contract or allow subcontracting with excluded parties. The Recipient must not contract with any party who is debarred or suspended or otherwise excluded from or ineligible for participation in any work overseen, directed, funded, or administered by the State Water Board program for which this funding is authorized. For any work related to this Agreement, the Recipient must not contract with any individual or organization on the State Water Board’s List of Disqualified Businesses and Persons that is identified as debarred or suspended or otherwise excluded from or ineligible for participation in any work overseen, directed, funded, or administered by the State Water Board program for which funding under this Agreement is authorized. The State Water Board’s List of Disqualified Businesses and Persons is located at
http://www.waterboards.ca.gov/water_issues/programs/enforcement/fwa/dbp.shtml C.3.28 Professionals.
The Recipient agrees that only licensed professionals will be used to perform services under this Agreement where such services are called for. All technical reports required pursuant to this Agreement that involve planning, investigation, evaluation, design, or other work requiring interpretation and proper application of engineering, architectural, or geologic sciences, shall be prepared by or under the direction of persons registered to practice in California pursuant to Business and Professions Code, sections 5536.1, 6735, 7835, and 7835.1. To demonstrate compliance with California Code of Regulations, title 16, sections 415 and 3065, all technical reports must contain a statement of the qualifications of the responsible registered professional(s). As required by these laws, completed technical reports must bear the signature(s) and seal(s) of the registered professional(s) in a manner such that all work can be clearly attributed to the professional responsible for the work.
C.3.29 Prevailing Wages.
The Recipient agrees to be bound by all applicable provisions of State Labor Code regarding prevailing wages. The Recipient must monitor all agreements subject to reimbursement from this Agreement to ensure that the prevailing wage provisions of the State Labor Code are being met.
In addition, the Recipient agrees to comply with the Davis-Bacon provisions incorporated by reference in Section 3 of this Agreement.
City of La Mesa
Agreement No.: D2301002
Project No.: C-06-8608-110
Exhibit C
C.3.30 Public Funding.
This Project is publicly funded. Any service provider or contractor with which the Recipient contracts must not have any role or relationship with the Recipient, that, in effect, substantially limits the Recipient's ability to exercise its rights, including cancellation rights, under the contract, based on all the facts and circumstances.
C.3.31 Recipient’s Responsibility for Work.
The Recipient shall be responsible for all work and for persons or entities engaged in work performed pursuant to this Agreement, including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Recipient shall be responsible for responding to any and all disputes arising out of its contracts for work on the Project. The State Water Board will not mediate disputes between the Recipient and any other entity concerning responsibility for performance of work.
C.3.32 Related Litigation.
Under no circumstances may the Recipient use funds from any reimbursement under this Agreement to pay costs associated with any litigation the Recipient pursues against the State Water Board or any Regional Water Quality Control Board. Regardless of the outcome of any such litigation, and notwithstanding any conflicting language in this Agreement, the Recipient agrees to repay all of the disbursed funds plus interest in the event that Recipient does not complete the project.
C.3.33 Rights in Data.
The Recipient agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes, and other written or graphic work produced in the performance of this Agreement are subject to the rights of the State as set forth in this section. The State shall have the right to reproduce, publish, and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Recipient may copyright the same, except that, as to any work which is copyrighted by the Recipient, the State reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, and use such work, or any part thereof, and to authorize others to do so, and to receive electronic copies from the Recipient upon request.
C.3.34 State Water Board Action; Costs and Attorney Fees.
Any remedy provided in this Agreement is in addition to and not in derogation of any other legal or equitable remedy available to the State Water Board as a result of breach of this Agreement by the Recipient, whether such breach occurs before or after completion of the Project, and exercise of any remedy provided by this Agreement by the State Water Board shall not preclude the State Water Board from pursuing any legal remedy or right which would otherwise be available. In the event of litigation between the parties hereto arising from this Agreement, it is agreed that each party shall bear its own costs and attorney fees.
C.3.35 Timeliness.
Time is of the essence in this Agreement.
C.3.36 Unenforceable Provision.
In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
City of La Mesa
Agreement No.: D2301002
Project No.: C-06-8608-110
Exhibit C
C.3.37 Venue.
Any action arising out of this Agreement shall be filed and maintained in the Superior Court in and for the County of Sacramento, California.
C.3.38 Waiver and Rights of the State Water Board.
Any waiver of rights by the State Water Board with respect to a default or other matter arising under this Agreement at any time shall not be considered a waiver of rights with respect to any other default or matter. Any rights and remedies of the State Water Board provided for in this Agreement are in addition to any other rights and remedies provided by law.
C.4 MISCELLANEOUS STATE AND FEDERAL REQUIREMENTS
C.4.1 [Reserved.]
C.4.2 State Cross-Cutters.
Recipient represents that, as applicable, it complies and covenants to maintain compliance with the following with respect to all Project Costs for the term of this Agreement:
i. The California Environmental Quality Act (CEQA), as set forth in Public Resources Code 21000 et seq. and in the CEQA Guidelines at Title 14, Division 6, Chapter 3, Section 15000 et seq. ii. Water Conservation requirements, including regulations in Division 3 of Title 23 of the California Code of Regulations.
iii. Monthly Water Diversion Reporting requirements, including requirements set forth in Water Code section 5103.
iv. Public Works Contractor Registration with Department of Industrial Relations requirements, including requirements set forth in Sections 1725.5 and 1771.1 of the Labor Code. v. Volumetric Pricing & Water Meters requirements, including the requirements of Water Code sections 526 and 527.
vi. Urban Water Management Plan requirements, including the Urban Water Management Planning Act (Water Code, § 10610 et seq.).
vii. Urban Water Demand Management requirements, including the requirements of Section 10608.56 of the Water Code.
viii. Delta Plan Consistency Findings requirements, including the requirements of Water Code section 85225 and California Code of Regulations, title 23, section 5002. ix. Agricultural Water Management Plan Consistency requirements, including the requirements of Water Code section 10852.
x. Charter City Project Labor Requirements, including the requirements of Labor Code section 1782 and Public Contract Code section 2503.
City of La Mesa
Agreement No.: D2301002
Project No.: C-06-8608-110
Exhibit C
xi. The Recipient agrees that it will, at all times, comply with and require its contractors and subcontractors to comply with directives or orders issued pursuant to Division 7 of the Water Code.
xii. Regulations in Division 4 of Title 22 of the California Code of Regulations, including but not limited to California Waterworks Standards in Chapter 16, and Lead and Copper regulations in Chapter 17.5.
C.4.3 Federal Requirements and Cross-Cutters for SRF Funding.
The Recipient acknowledges, warrants compliance with, and covenants to continuing compliance with the following federal terms and conditions with Respect to all Project Costs for the term of this Agreement and for the Useful Life of the Project:
i. Unless the Recipient has obtained a waiver from USEPA on file with the State Water Board or unless this Project is not a project for the construction, alteration, maintenance or repair of a public water system or treatment work, the Recipient shall not purchase “iron and steel products” produced outside of the United States on this Project. Unless the Recipient has obtained a waiver from USEPA on file with the State Water Board or unless this Project is not a project for the construction, alteration, maintenance or repair of a public water system or treatment work, the Recipient hereby certifies that all “iron and steel products” used in the Project were or will be produced in the United States. For purposes of this section, the term "iron and steel products" means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. “Steel” means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements.
ii. [Reserved.]
iii. The Recipient acknowledges that funds received under this Agreement are subject to the Build America Buy America (BABA) requirements of Public Law 117-58 (the Infrastructure Investment and Jobs Act, also known as the Bipartisan Infrastructure Law (BIL), signed into law on November 15, 2021), which are in addition to “iron and steel products” requirements described in section C.4.3 (i) above. Specifically, unless (1) the Recipient has requested and obtained a waiver from USEPA on file with the State Water Board pertaining to the Project or the Project is otherwise covered by a general applicability waiver, as confirmed in writing by the State Water Board; or (2) the State Water Board and, to the extent the Project is co-funded by any other agency using federal funds subject to BABA requirements, each such agency, has advised the Recipient in writing that the BABA requirements are not applicable to the Project, the Recipient shall ensure and certifies that, as these terms are defined within and made applicable by Public Law 117-58:
(a) all iron and steel used in the Project are produced in the United States; (b) the manufactured products used in the Project are produced in the United States; and (c) the construction materials used in the Project are produced in the United States.
The Recipient must comply and require its contractors and subcontractors to comply with all applicable BABA requirements and reporting and must inform the State Water Board immediately of any information regarding a violation of the foregoing.
Based on representations made by the Recipient and corresponding evidence on file with the State Water Board, the Project qualifies for the “Adjustment Period Waiver of Section 70914(a) of P.L. 117-58, Build America, Buy America Act, 2021 for SRF Projects that have Initiated Design
City of La Mesa
Agreement No.: D2301002
Project No.: C-06-8608-110
Exhibit C
Planning”, found at EPA - SRF - Final Waiver - Adjustment Period_September 2022 - Signed.pdf. This waiver applies to projects that have initiated project design planning prior to May 14, 2022, the statutory effective date of the BABA requirements, and permits the use of nondomestic manufactured products and construction materials that would otherwise be prohibited under the BABA requirements. This program waiver does not waive the iron and steel requirements under BABA. Sections 70917(a) and (b) of BIL provide a savings provision for existing statutory requirements that meet or exceed BABA requirements, such as the “iron and steel products” requirements applicable to SRF funded projects referenced in section C.4.3 (i) above, which will continue to apply as part of BABA requirements. iv. The Recipient must include in full the Wage Rate Requirements (Davis-Bacon) language incorporated by reference in Section 3 of this Agreement in all construction contracts and subcontracts.
v. The Recipient must comply with the signage requirements set forth in Exhibit A. vi. The Recipient shall notify the State Water Board and the USEPA contact of public or media events publicizing the accomplishment of significant events related to this Project and provide the opportunity for attendance and participation by federal representatives with at least ten (10) working days’ notice.
vii. The Recipient shall comply with applicable USEPA general terms and conditions found at https://www.epa.gov/grants/epa-general-terms-and-conditions-effective-october-1-2022-or-later. viii. No Recipient may receive funding under this Agreement unless it has provided its Unique Entity Identifier, assigned by the System for Award management, to the State Water Board. ix. [Reserved.]
x. The Recipient represents and warrants that it and its principals are not excluded or disqualified from participating in this transaction as such terms are defined in Parts 180 and 1532 of Title 2 of the Code of Federal Regulations (2 CFR). If the Recipient is excluded after execution of this Agreement, the Recipient shall notify the Division within ten (10) days and shall inform the Division of the Recipient’s exclusion in any request for amendment of this Agreement. The Recipient shall comply with Subpart C of Part 180 of 2 CFR, as supplemented by Subpart C of Part 1532 of 2 CFR. Such compliance is a condition precedent to the State Water Board’s performance of its obligations under this Agreement. When entering into a covered transaction as defined in Parts 180 and 1532 of 2 CFR, the Recipient shall require the other party to the covered transaction to comply with Subpart C of Part 180 of 2 CFR, as supplemented by Subpart C of Part 1532 of 2 CFR.
xi. To the extent applicable, the Recipient shall disclose to the State Water Board any potential conflict of interest consistent with USEPA’s Final Financial Assistance Conflict of Interest Policy at https://www.epa.gov/grants/epas-final-financial-assistance-conflict-interest-policy. A conflict of interest may result in disallowance of costs.
xii. USEPA and the State Water Board have the right to reproduce, publish, use and authorize others to reproduce, publish and use copyrighted works or other data developed under this assistance agreement.
xiii. Where an invention is made with Project Funds, USEPA and the State Water Board retain the right to a worldwide, nonexclusive, nontransferable, irrevocable, paid-up license to practice the invention owned by the Recipient. The Recipient must utilize the Interagency Edison extramural
City of La Mesa
Agreement No.: D2301002
Project No.: C-06-8608-110
Exhibit C
invention reporting system at http://iEdison.gov and shall notify the Division when an invention report, patent report, or utilization report is filed.
xiv. The Recipient agrees that any reports, documents, publications or other materials developed for public distribution supported by this Agreement shall contain the Disclosure statement set forth in Exhibit A.
xv. The Recipient acknowledges that it is encouraged to follow guidelines established under Section 508 of the Rehabilitation Act, codified at 36 CFR Part 1194, with respect to enabling individuals with disabilities to participate in its programs supported by this Project. xvi. The Recipient, its employees, contractors and subcontractors and their employees warrants that it will not engage in severe forms of trafficking in persons, procure a commercial sex act during the term of this Agreement, or use forced labor in the performance of this Agreement. The Recipient must include this provision in its contracts and subcontracts under this Agreement. The Recipient must inform the State Water Board immediately of any information regarding a violation of the foregoing. The Recipient understands that failure to comply with this provision may subject the State Water Board to loss of federal funds. The Recipient agrees to compensate the State Water Board for any such funds lost due to its failure to comply with this condition, or the failure of its contractors or subcontractors to comply with this condition. The State Water Board may unilaterally terminate this Agreement if the Recipient that is a private entity is determined to have violated the foregoing.
xvii. The Recipient certifies to the best of its knowledge and belief that:
a. No federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with this Agreement, the Recipient shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions, and notify the State Water Board.
The Recipient shall require this certification from all parties to any contract or agreement that the Recipient enters into and under which the Recipient incurs costs for which it seeks reimbursements under this Agreement.
xviii. The Recipient must comply with the following federal non-discrimination requirements:
a. Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, and national origin, including limited English proficiency (LEP). b. Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination against persons with disabilities.
c. The Age Discrimination Act of 1975, which prohibits age discrimination. d. Section 13 of the Federal Water Pollution Control Act Amendments of 1972, which prohibits discrimination on the basis of sex.
e. 40 CFR Part 7, as it relates to the foregoing.
xix. If the Project relates to construction of a publicly owned treatment works, where the Recipient contracts for program management, construction management, feasibility studies, preliminary
City of La Mesa
Agreement No.: D2301002
Project No.: C-06-8608-110
Exhibit C
engineering, design, engineering, surveying, mapping, or architectural related services, the Recipient shall ensure that any such contract is negotiated in the same manner as a contract for architectural and engineering services is negotiated under chapter 11 of title 40, United States Code, or an equivalent State qualifications-based requirement as determined by the State Water Board.
xx. If the Project relates to construction of a publicly owned treatment works, the Recipient certifies that it has developed and is implementing a fiscal sustainability plan for the Project, except as set forth in Exhibit D, that includes an inventory of critical assets that are a part of the Project, an evaluation of the condition and performance of inventoried assets or asset groupings, a certification that the Recipient has evaluated and will be implementing water and energy conservation efforts as part of the plan, and a plan for maintaining, repairing, and, as necessary, replacing the Project and a plan for funding such activities. xxi. Executive Order No. 11246. The Recipient shall include in its contracts and subcontracts related to the Project the following provisions:
"During the performance of this contract, the contractor agrees as follows:"(a) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.
"(b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. "(c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
"(d) The contractor will comply with all provisions of Executive Order No. 11246 of Sept. 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. "(e) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
"(f) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of Sept 24, 1965, and such other sanctions may be imposed and remedies invoked as
City of La Mesa
Agreement No.: D2301002
Project No.: C-06-8608-110
Exhibit C
provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. "(g) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of Sept. 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, That in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States."
xxii. The Recipient agrees to comply with the requirements of USEPA’s Program for Utilization of Small, Minority and Women’s Business Enterprises.
xxiii. Procurement Prohibitions under Section 306 of the Clean Air Act and Section 508 of the Clean Water Act, including Executive Order 11738, Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans; 42 USC § 7606; 33 USC § 1368. Except where the purpose of this Agreement is to remedy the cause of the violation, the Recipient may not procure goods, services, or materials from suppliers excluded under the federal System for Award Management: sam.gov
xxiv. Uniform Relocation and Real Property Acquisition Policies Act, Pub. L. 91-646, as amended; 42 USC §§4601-4655. The Recipient must comply with the Act’s implementing regulations at 49 CFR 24.101 through 24.105.
xxv. The Recipient agrees that if its network or information system is connected to USEPA networks to transfer data using systems other than the Environmental Information Exchange Network or USEPA’s Central Data Exchange, it will ensure that any connections are secure. xxvi. All geospatial data created pursuant to this Agreement that is submitted to the State Water Board for use by USEPA or that is submitted directly to USEPA must be consistent with Federal Geographic Data Committee endorsed standards. Information on these standards may be found at www.fgdc.gov.
xxvii. If the Recipient is a water system that serves 500 or fewer persons, the Recipient represents that it has considered publicly-owned wells as an alternative drinking water supply. xxviii. The Recipient represents that it is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and it is not a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. xxix. The Recipient agrees to immediately notify the Project Manager in writing about any allegation of research misconduct involving research activities that are supported in whole or in part with EPA funds under this Project, including fabrication, falsification, or plagiarism in proposing, performing, or reviewing research, or in reporting research results, or ordering, advising, or suggesting that subordinates engage in research misconduct.
City of La Mesa
Agreement No.: D2301002
Project No.: C-06-8608-110
Exhibit C
xxx. The Recipient agrees to comply with, and require all contractors and subcontractors to comply with, EPA’s Scientific Integrity Policy, available at https://www.epa.gov/osa/policy-epa-scientificintegrity, when conducting, supervising, and communicating science and when using or applying the results of science. For purposes of this condition scientific activities include, but are not limited to, computer modelling, economic analysis, field sampling, laboratory experimentation, demonstrating new technology, statistical analysis, and writing a review article on a scientific issue.
The Recipient shall not suppress, alter, or otherwise impede the timely release of scientific findings or conclusions; intimidate or coerce scientists to alter scientific data, findings, or professional opinions or exert non-scientific influence on scientific advisory boards; knowingly misrepresent, exaggerate, or downplay areas of scientific uncertainty; or otherwise violate the EPA’s Scientific Integrity Policy. The Recipient must refrain from acts of research misconduct, including publication or reporting, as described in EPA’s Policy and Procedures for Addressing Research Misconduct, Section 9.C, and must ensure scientific findings are generated and disseminated in a timely and transparent manner, including scientific research performed by contractors and subcontractors.
xxxi. The Recipient agrees to comply with the Animal Welfare Act of 1966 (7 USC 2131-2156).
Recipient also agrees to abide by the “U.S. Government Principles for the Utilization and Care of Vertebrate Animals used in Testing, Research, and Training,” available at http://grants.nih.gov/grants/olaw/references/phspol.htm#USGovPrinciples. xxxii. The Recipient certifies that no Project Funds will be used on:
a. Video surveillance or telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities), telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
b. Telecommunications or video surveillance services produced by such entities; c. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country; or
d. Other telecommunications or video surveillance services or equipment in violation of 2 CFR 200.216.
xxxiii. The Recipient agrees to comply with all Environmental Cross-Cutters:
a. Archeological and Historic Preservation Act (54 U.S.C. §§ 312501-312508) b. Bald and Golden Eagle Protection Act (16 U.S.C. §§ 668-668c) c. Clean Air Act (42 U.S.C. § 7401)
d. Coastal Barriers Resources Act (16 U.S.C. § 3501 et seq.) e. Coastal Zone Management Act (16 U.S.C. § 1451 et seq.) f. Endangered Species Act (16 U.S.C. § 1531 et seq.)
g. Environmental Justice (Executive Order 12898)
h. Farmland Protection Policy Act (7 U.S.C. § 4201 et seq.) i. Fish and Wildlife Coordination Act (16 U.S.C. § 661 et seq.) j. Floodplain Management (Executive Order 11988, as amended by Executive Orders 12148 and 13690)
k. Historic Sites Act (54U.S.C. § 320101 et seq.)
City of La Mesa
Agreement No.: D2301002
Project No.: C-06-8608-110
Exhibit C
l. Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. § 1801 et seq.)
m. Marine Mammal Protection Act (16 U.S.C. § 1361 et seq.) n. Migratory Bird Treaty Act (16 U.S.C. § 703 et seq.)
o. National Historic Preservation Act (54 U.S.C. §§ 300101 et seq.) p. Protection of Wetlands (Executive Order 11990 (1977), as amended by Executive Order 12608 (1997))
q. Rivers and Harbors Act (33 U.S.C. § 403 et seq.)
r. Safe Drinking Water Act (42 U.S.C. § 300f et seq.)
s. Wild and Scenic Rivers Act (16 U.S.C. § 1271 et seq.) t. Wilderness Act (16 U.S.C. § 1131 et seq.)
City of La Mesa
Agreement No.: D2301002
Project No.: C-06-8608-110
Exhibit D
EXHIBIT D – SPECIAL CONDITIONS
Environmental:
1. The documents identified below are incorporated by reference and the Recipient shall comply with the conditions and recommendations therein:
a. The Biological Resources Report (dated June 2021), including, but not limited to, the following recommended minimization measures:
i. If construction activities commence during the migratory bird breeding season, from January 1 for raptors and hummingbirds and February 15 to August 31 for all other avian species, a preconstruction survey will be conducted for active nests by a qualified avian biologist within 36 hours prior to construction activities. ii. The preconstruction nest survey will be conducted within all suitable habitat within the Project Site and within a 500-foot buffer where access is permitted. An active nest is defined by active nest building, incubating adults on a nest, or the presence of eggs and/or nestlings. If eggs are present without adults, the qualified avian biologist will determine if the nest is active or has been abandoned after a pre-determined observation period has been conducted. iii. If active bird nests are identified in the Project Site during the preconstruction nest survey, an Environmentally Sensitive Area (ESA) will be established and remain until it has been determined that the young have fledged or nesting activities have ceased. The qualified avian biologist, in consultation with the California Department of Fish and Wildlife, will determine the extent of the ESA, which is typically set at 500-feet for raptors and 100-feet for all other avian species. The extent of the ESA and the type of disturbance allowed in areas adjacent to the site will be determined based by the Migratory Bird Treaty Act and California Fish and Game Code (CFGC).
iv. The environmentally sensitive area will be clearly marked in the field with appropriate signage and fencing, wherever appropriate. Additional preconstruction nest surveys will be required if there is a lapse in construction activities for more than seven days during the nesting season.
2. The Recipient shall make no changes in the Project, construction area, or special conditions, without obtaining the appropriate and necessary prior approval from the State Water Board.
3. The Recipient shall provide notice to the Division’s Senior Cultural Resources Officer, [email protected] or (916) 323-0626 within 24 hours of the discovery of any potential tribal cultural resource and/or archaeological or historical resource, and shall notify the Division promptly upon the discovery of any unexpected endangered or threatened species, as defined in the federal Endangered Species Act. For additional requirements, please refer to Exhibit C of this Agreement.
4. REPORTING TO THE STATE WATER BOARD
a. In the Recipient’s Progress Reports and the Project Completion Report, submitted pursuant to this Agreement, the Recipient shall include a discussion of the status of its compliance with all environmental measures identified in this Exhibit D, with separate sections clearly labeled with section titles, discussing the status of Recipient’s compliance with:
i. Biological Resources Report recommended minimization measures.
Executive Order N-6-22 — Russian Sanctions.
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to
City of La Mesa
Agreement No.: D2301002
Project No.: C-06-8608-110
Exhibit D
sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State Water Board determine Recipient is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this Agreement. The State Water Board shall provide Recipient advance written notice of such termination, allowing Recipient at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State Water Board.
The Recipient represents that the Recipient is not a target of economic sanctions imposed in response to Russia’s actions in Ukraine imposed by the United States government or the State of California. The Recipient is required to comply with the economic sanctions imposed in response to Russia’s actions in Ukraine, including with respect to, but not limited to, the federal executive orders identified in California Executive Order N-6-22, located at https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-RussiaUkraine-Executive-Order.pdf and the sanctions identified on the United States Department of the Treasury website (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-andcountry-information/ukraine-russia-related-sanctions). The Recipient is required to comply with all applicable reporting requirements regarding compliance with the economic sanctions, including, but not limited to, those reporting requirements set forth in California Executive Order N-6-22 for all Recipients with one or more agreements with the State of California with an aggregated value of Five Million Dollars ($5,000,000) or more. Notwithstanding any other provision in this Agreement, failure to comply with the economic sanctions and all applicable reporting requirements may result in termination of this Agreement.
For Recipients with an aggregated agreement value of Five Million Dollars ($5,000,000) or more with the State of California, reporting requirements include, but are not limited to, information related to steps taken in response to Russia’s actions in Ukraine, including but not limited to:
1. Desisting from making any new investments or engaging in financial transactions with Russian institutions or companies that are headquartered or have their principal place of business in Russia;
2. Not transferring technology to Russia or companies that are headquartered or have their principal place of business in Russia; and
3. Direct support to the government and people of Ukraine.
City of La Mesa
Agreement No.: D2301002
Project No.: C-06-8608-110
Exhibit E
EXHIBIT E – PAYMENT SCHEDULE
See the attached preliminary Payment Schedule. The final Payment Schedule will be forwarded to the Recipient after all disbursements have been paid and construction of the Project has been completed.
California CWSRF Payment Schedule
Project No. 8608-110 - La Mesa, City of
Agreement: D2301002 - based on Actual + Projected Disbursements Inflow and Infiltration Mitigation Project Phase 6
Interest rate: 1.65000%
Principal is paid over: 20 Years
Ref
Num
Due
Date
Date
Received Principal Payment
Interest
Rate%
Interest
Payment
Total P and I
Payment
Total
Payment
Ending
Balance
CPI
Interest
1 1/15/2026 202,977.20 1.650 42,570.00 245,547.20 245,547.20 3,977,022.80 0.00 2 1/15/2027 324,529.00 1.650 94,028.38 418,557.38 418,557.38 6,472,493.80 0.00 3 1/15/2028 311,761.23 1.650 106,796.15 418,557.38 418,557.38 6,160,732.57 0.00 4 1/15/2029 316,905.29 1.650 101,652.09 418,557.38 418,557.38 5,843,827.28 0.00 5 1/15/2030 322,134.23 1.650 96,423.15 418,557.38 418,557.38 5,521,693.05 0.00 6 1/15/2031 327,449.44 1.650 91,107.94 418,557.38 418,557.38 5,194,243.61 0.00 7 1/15/2032 332,852.36 1.650 85,705.02 418,557.38 418,557.38 4,861,391.25 0.00 8 1/15/2033 338,344.42 1.650 80,212.96 418,557.38 418,557.38 4,523,046.83 0.00 9 1/15/2034 343,927.11 1.650 74,630.27 418,557.38 418,557.38 4,179,119.72 0.00 10 1/15/2035 349,601.90 1.650 68,955.48 418,557.38 418,557.38 3,829,517.82 0.00 11 1/15/2036 355,370.34 1.650 63,187.04 418,557.38 418,557.38 3,474,147.48 0.00 12 1/15/2037 361,233.95 1.650 57,323.43 418,557.38 418,557.38 3,112,913.53 0.00 13 1/15/2038 367,194.31 1.650 51,363.07 418,557.38 418,557.38 2,745,719.22 0.00 14 1/15/2039 373,253.01 1.650 45,304.37 418,557.38 418,557.38 2,372,466.21 0.00 15 1/15/2040 379,411.69 1.650 39,145.69 418,557.38 418,557.38 1,993,054.52 0.00 16 1/15/2041 385,671.98 1.650 32,885.40 418,557.38 418,557.38 1,607,382.54 0.00 17 1/15/2042 392,035.57 1.650 26,521.81 418,557.38 418,557.38 1,215,346.97 0.00 18 1/15/2043 398,504.15 1.650 20,053.23 418,557.38 418,557.38 816,842.82 0.00 19 1/15/2044 405,079.47 1.650 13,477.91 418,557.38 418,557.38 411,763.35 0.00 20 1/15/2045 411,763.35 1.650 6,794.10 418,557.45 418,557.45 0.00 0.00 7,000,000.00 1,198,137.49 8,198,137.49 8,198,137.49 0.00
City of La Mesa
Agreement No.: D2301002
Project No.: C-06-8608-110
Exhibit F
EXHIBIT F – TAX CERTIFICATE
F.1 Purpose.
The purpose of this Exhibit F is to establish the reasonable expectations of the Recipient regarding the Project and the Project Funds, and is intended to be and may be relied upon for purposes of Sections 103, 141 and 148 of the Code and as a certification described in Section 1.148-2(b)(2) of the Treasury Regulations. This Exhibit F sets forth certain facts, estimates and circumstances which form the basis for the Recipient’s expectation that neither the Project nor the Bond Funded Portion of the Project Funds is to be used in a manner that would cause the Obligation to be classified as “arbitrage bonds” under Section 148 of the Code or “private activity bonds” under Section 141 of the Code.
F.2 Tax Covenant.
The Recipient agrees that it will not take or authorize any action or permit any action within its reasonable control to be taken, or fail to take any action within its reasonable control, with respect to the Project which would result in the loss of the exclusion of interest on the Bonds from gross income for federal income tax purposes under Section 103 of the Code.
F.3 Governmental Unit.
The Recipient is a state or local governmental unit as defined in Section 1.103-1 of the Treasury Regulations or an instrumentality thereof (a "Governmental Unit") and is not the federal government or any agency or instrumentality thereof.
F.4 Financing of a Capital Project.
The Recipient will use the Project Funds to finance capital expenditures it has incurred or will incur for the construction, reconstruction, installation or acquisition of the Project in accordance with the terms of this Agreement. Such expenditures shall not have previously been financed with the proceeds of any other issue of indebtedness except for interim financing by the Recipient, the date of maturity, prepayment or redemption of which is within thirty (30) days of the date of disbursement of Project Funds under this Agreement. All Project Funds shall be allocated to expenditures by the Recipient within thirty (30) days of the date of disbursement, including (if at all) Project Funds allocated to repay interim financing of the Recipient. For purposes of this Section F.4, “interim financing” means notes, commercial paper, loans, lines of credit and other forms of shortterm borrowing.
F.5 Ownership and Operation of Project.
The Recipient exclusively owns and, except as provided in Section F.12 hereof, operates the Project.
F.6 Temporary Period.
The Recipient reasonably expects that at least eighty-five percent (85%) of the Bond Funded Portion of the Project Funds will be allocated to expenditures for the Project within three (3) years of the earlier of the effective date of this Agreement or the date the Bonds are issued ("Applicable Date"). The Recipient has incurred, or reasonably expects that it will incur within six (6) months of the Applicable Date, a substantial binding obligation (i.e., not subject to contingencies within the control of the Recipient or a related party) to a third party to expend at least five percent (5%) of the Bond Funded Portion of the Project Funds on Project Costs. The completion of acquisition, construction, improvement and equipping of the Project and the allocation of the Bond Funded Portion of the Project Funds to Project Costs will proceed with due diligence.
City of La Mesa
Agreement No.: D2301002
Project No.: C-06-8608-110
Exhibit F
F.7 Working Capital.
No operational expenditures of the Recipient or any related entity are being, have been or will be financed or refinanced with Project Funds.
F.8 Expenditure of Proceeds.
The Bond Funded Portion of the Project Funds shall be used exclusively for the following purposes: (i) Reimbursement Expenditures (as defined in Section F.20 below), (ii) Preliminary Expenditures (as defined in Section F.20 below) in an aggregate amount not exceeding twenty percent (20%) of the Bond Funded Portion of the Project Funds, (iii) capital expenditures relating to the Project originally paid by the Recipient on or after the date hereof, (iv) interest on the Obligation through the later of three (3) years after the Applicable Date or one (1) year after the Project is placed in service, and (v) initial operating expenses directly associated with the Project in the aggregate amount not more than five percent (5%) of the Bond Funded Portion of the Project Funds.
F.9 Private Use and Private Payments.
No portion of the Project Funds or the Project is being, has been or will be used in the aggregate for any activities that constitute a Private Use (as defined below). No portion of the principal of or interest with respect to the Payments will be secured by any interest in property (whether or not the Project) used for a Private Use or in payments in respect of property used for a Private Use, or will be derived from payments in respect of property used for a Private Use. "Private Use" means any activity that constitutes a trade or business that is carried on by persons or entities, other than a Governmental Unit. The leasing of the Project or the access by or the use of the Project by a person or entity other than a Governmental Unit on a basis other than as a member of the general public shall constitute a Private Use. Use by or on behalf of the State of California or any of its agencies, instrumentalities or subdivisions or by any local Governmental Unit and use as a member of the general public will be disregarded in determining whether a Private Use exists. Use under an arrangement that conveys priority rights or other preferential benefits is generally not use on the same basis as the general public. Arrangements providing for use that is available to the general public at no charge or on the basis of rates that are generally applicable and uniformly applied do not convey priority rights or other preferential benefits. For this purpose, rates may be treated as generally applicable and uniformly applied even if (i) different rates apply to different classes of users, such as volume purchasers, if the differences in rates are customary and reasonable; or (ii) a specially negotiated rate arrangement is entered into, but only if the user is prohibited by federal law from paying the generally applicable rates, and the rates established are as comparable as reasonably possible to the generally applicable rates. An arrangement that does not otherwise convey priority rights or other preferential benefits is not treated, nevertheless, as general public use if the term of the use under the arrangement, including all renewal options, is greater than 200 days. For this purpose, a right of first refusal to renew use under the arrangement is not treated as a renewal option if (i) the compensation for the use under the arrangement is redetermined at generally applicable, fair market value rates that are in effect at the time of renewal; and (ii) the use of the financed property under the same or similar arrangements is predominantly by natural persons who are not engaged in a trade or business.
F.10 No Sale, Lease or Private Operation of the Project.
The Project (or any portion thereof) will not be sold or otherwise disposed of, in whole or in part, to any person who is not a Governmental Unit prior to the final maturity date of the Obligation. The Project will not be leased to any person or entity that is not a Governmental Unit prior to the final maturity date of the Obligation. Except as permitted under Section F.12 hereof, the Recipient will not enter any contract or arrangement or cause or permit any contract or arrangement to be entered with persons or entities that are not Governmental Units if that contract or arrangement would confer on such persons or entities any right to use the Project on a basis different from the right of members of the general public. The contracts or arrangements contemplated by the preceding sentence include but are not limited to management contracts, take or pay contracts or put or pay contracts, and capacity guarantee contracts.
City of La Mesa
Agreement No.: D2301002
Project No.: C-06-8608-110
Exhibit F
F.11 No Disproportionate or Unrelated Use.
No portion of the Project Funds or the Project is being, has been, or will be used for a Private Use that is unrelated or disproportionate to the governmental use of the Project Funds.
F.12 Management and Service Contracts.
The Recipient represents that, as of the date hereof, it is not a party to any contract, agreement or other arrangement with any persons or entities engaged in a trade or business (other than Governmental Units) that involve the management or operation of property or the provision of services at or with respect to the Project that does not comply with the standards of the Treasury Regulations, or Revenue Procedure 2017-13, as applicable. The Recipient represents that it will not be party to any such contract, agreement or arrangement with any person or entity that is not a Governmental Unit for the management of property or the provision of services at or with respect to the Project, while the Obligation (including any obligation or series thereof issued to refund the Obligation, as the case may be) is outstanding, except: (a) with respect to any contract, agreement or arrangement that does not constitute “private business use” of the Project under Code §141(b), or (b) with respect to any contract, agreement or arrangement that complies with (i) Revenue Procedure 97-13, 1997-1 C.B. 632, as amended by Revenue Procedure 2001-39, 2001-2 C.B. 38, and as amplified by Notice 2014-67, with respect to contracts entered into before August 18, 2017 and not materially modified or extended after August 18, 2017, or (ii) Revenue Procedure 2017-13, with respect to contracts entered into or materially modified or extended on or after August 18, 2017, or (c) with respect to any contract, agreement or arrangement that does not give rise to use of the Bond Funded Portion of the Project Funds or the Project by a non-Governmental Unit of more than the amount of such non-qualified use permitted by the Code, or (d) in the event that the Recipient receives an opinion of counsel, satisfactory to the State Water Board and the Bank and expert in the issuance of state and local government bonds the interest on which is excluded from gross income under Section 103 of the Code (“Nationally-Recognized Bond Counsel”), that such contract, agreement or arrangement will not adversely affect the exclusion of the interest on the Obligation from gross income for federal income taxation purposes.
F.13 No Disposition of Financed Property.
As of the date hereof, the Recipient does not expect to sell or otherwise dispose of any portion of the Project, in whole or in part, prior to the final maturity date of the Obligation.
F.14 Useful Life of Project.
As of the date hereof, the Recipient reasonably expects that the economic useful life of the Project, commencing at Project Completion, will be at least equal to the term of this Agreement, as set forth in Exhibit A hereto.
F.15 Payments.
Payments generally are expected to be derived from assessments, taxes, fees, charges or other current Revenues of the Recipient in each year, and such current Revenues are expected to equal or exceed the Payments during each payment period. Any amounts accumulated in a sinking fund or bona fide debt service fund to pay Payments (whether or not deposited to a fund or account established by the Recipient) will be disbursed to pay Payments within thirteen months of the initial date of accumulation or deposit. Any such fund used for the payment of Payments will be depleted once a year except for a reasonable carryover amount not exceeding the greater of earnings on such fund or one-twelfth of the Payments in either case for the immediately preceding year.
F.16 No Other Replacement Proceeds.
The Recipient will not use any of the Bond Funded Portion of the Project Funds to replace or substitute other funds of the Recipient that were otherwise to be used to finance the Project or which are or will be used to acquire securities, obligations or other investment property reasonably expected to produce a yield that is materially higher than the yield on the Bonds.
City of La Mesa
Agreement No.: D2301002
Project No.: C-06-8608-110
Exhibit F
F.17 No Sinking or Pledged Fund.
Except as set forth in Section F.18 below, the Recipient will not create or establish any sinking fund or pledged fund which will be used to pay Payments on the Obligation within the meaning of Section 1.148-1(c) of the Treasury Regulations. If any sinking fund or pledged fund comes into being with respect to the Obligation before the Obligation has been fully retired which may be used to pay the Payments, the Recipient will invest such sinking fund and pledged fund moneys at a yield that does not exceed the yield on the Bonds.
F.18 Reserve Amount.
The State Water Board requires that the Recipient maintain and fund a separate account in an amount equal to one (1) year of debt service with respect to the Obligation (the “Reserve Amount”) as set forth in Exhibit B. The Recipient represents that the Reserve Amount is and will be available to pay debt service with respect to the Obligation, if and when needed. The Reserve Amount consists solely of revenues of the Recipient and does not include any proceeds of any obligations the interest on which is excluded from gross income for federal income tax purposes or investment earnings thereon. The aggregate of the Reserve Amount, up to an amount not exceeding the lesser of (i) ten percent of the aggregate principal amount of the Obligation, (ii) the maximum annual debt service with respect to the Obligation, or (iii) 125 percent of the average annual debt service with respect to the Obligation, will be treated as a reasonably required reserve fund.
F.19 Reimbursement Resolution.
The “reimbursement resolution” adopted by the Recipient is incorporated herein by reference.
F.20 Reimbursement Expenditures.
Reimbursements are disallowed, except as specifically authorized in Exhibit B or Exhibit D of this Agreement. To the extent so authorized, a portion of the Bond Funded Portion of the Project Funds may be applied to reimburse the Recipient for Project Costs paid before the date hereof, so long as the Project Cost was (i) not paid prior to sixty (60) days before the Recipient’s adoption of a declaration of official intent to finance the Project, (ii) not paid more than eighteen (18) months prior to the date hereof or the date the Project was placed-in-service, whichever is later, and (iii) not paid more than three (3) years prior to the date hereof (collectively, “Reimbursement Expenditures”), unless such cost is attributable to a “preliminary expenditure.” Preliminary expenditure for this purpose means architectural, engineering, surveying, soil testing and similar costs incurred prior to the commencement of construction or rehabilitation of the Project, but does not include land acquisition, site preparation and similar costs incident to the commencement of acquisition, construction or rehabilitation of the Project. Preliminary expenditures may not exceed 20% of the Bond Funded Portion of the Project Funds.
F.21 Change in Use of the Project.
The Recipient reasonably expects to use all of the Bond Funded Portion of the Project Funds and the Project for the entire stated term to maturity of the Obligation. Absent an opinion of Nationally-Recognized Bond Counsel to the effect that such use of the Bond Funded Portion of the Project Funds will not adversely affect the exclusion from federal gross income of interest on the Bonds pursuant to Section 103 of the Code, the Recipient will use the Bond Funded Portion of the Project Funds and the Project solely as set forth in this Agreement.
F.22 Rebate Obligations.
If the Recipient satisfies the requirements of one of the spending exceptions to rebate specified in Section 1.148-7 of the Treasury Regulations, amounts earned from investments, if any, acquired with the Bond Funded Portion of the Project Funds will not be subject to the rebate requirements imposed under Section 148(f) of the Code. If the Recipient fails to satisfy such requirements for any period, it will notify the State Water Board and the Bank immediately and will comply with the provisions of the Code and the Treasury Regulations at such time, including the payment of any rebate amount calculated by the State Water Board or the Bank.
City of La Mesa
Agreement No.: D2301002
Project No.: C-06-8608-110
Exhibit F
F.23 No Federal Guarantee.
The Recipient will not directly or indirectly use any of the Bond Funded Portion of the Project Funds in any manner that would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Code, taking into account various exceptions including any guarantee related to investments during an initial temporary period until needed for the governmental purpose of the Bonds, investments as part of a bona fide debt service fund, investments of a reasonably required reserve or replacement fund, investments in bonds issued by the United States Treasury, investments in refunding escrow funds or certain other investments permitted under the Treasury Regulations.
F.24 Amendments.
The provisions in this Exhibit may be amended, modified or supplemented at any time to reflect changes in the Code upon obtaining written approval of the State Water Board and the Bank and an opinion of NationallyRecognized Bond Counsel to the effect that such amendment, modification or supplement will not adversely affect the exclusion from federal gross income of interest on the Bonds pursuant to Section 103 of the Code.
F.25 Reasonable Expectations.
The Recipient warrants that, to the best of its knowledge, information and belief, and based on the facts and estimates as set forth in the tax covenants in this Exhibit, the expectations of the Recipient as set forth in this Exhibit are reasonable. The Recipient is not aware of any facts or circumstances that would cause it to question the accuracy or reasonableness of any representation made in the provisions in this Exhibit.
F.26 Assignment.
The Recipient consents to any pledge, sale, or assignment to the Bank or a trustee for the benefit of the owners of the Bonds, if any, at any time of any portion of the State Water Board's estate, right, title, and interest and claim in, to and under this Agreement and the right to make all related waivers and agreements in the name and on behalf of the State Water Board, as agent and attorney-in-fact, and to perform all other related acts which are necessary and appropriate under this Agreement, if any, and the State Water Board's estate, right, title, and interest and claim in, to and under this Agreement to Payments (but excluding the State Water Board's rights to Additional Payments and to notices, opinions and indemnification under each Obligation).
RESOLUTION NO. 2024-
RESOLUTION ACCEPTING THE FUNDS FROM THE STATE REVOLVING FUND LOAN (NO. 8608-110) AND APPROPRIATING THE EXPENDITURE IN
THE CAPITAL IMPROVEMENT PROGRAM PROJECT ACCOUNT
________________________________________________________________ WHEREAS, the City Council has authorized the Mayor to execute a loan agreement with the State of California Water Resources Control Board;
WHEREAS, the amount of the loan is $7,000,000 and the expenditure for Inflow and Infiltration Mitigation Project Phase 6 is approved by the City Council; and WHEREAS, only the amount necessary for the design and construction will be charged to the project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Mesa, California, that:
The City accepts the loan and appropriates the expenditure for Inflow and Infiltration Mitigation Project Phase 6 Project in a capital improvement program project account however, that if the actual revenue received from the source specified should be more or less than the amount set forth herein, that the appropriations shall be adjusted to the amount actually received.
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 13th day of February 2024, by the following vote, to wit:
AYES:
NOES:
ABSENT:
CERTIFICATE OF CITY CLERK
I, MEGAN WIEGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and exact copy of Resolution No. 2024- , duly passed and adopted by the City Council of said City on the 13th of February 2024, and by the vote therein recited.
MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)
C
Project Name Agreement Number 2021-2022 2022-2023 2023-2024 2025-2026 Final Payment I&I Mitigation Phase 1 C-06-4729-110 $304,569 $304,569 $304,569 $304,569 2/1/28 I&I Mitigation Phase 2 C-06-4729-120 $189,473 $189,473 $189,473 $189,473 7/31/28 I&I Mitigation Phase 3 C-06-4729-130 $178,076 $178,076 $178,076 $178,076 7/15/29 I&I Mitigation Phase 4 C-06-4729-140 $184,991 $184,991 $184,991 $184,991 1/21/30 Alvarado Trunk Sewer Improvements Phase 2 C-06-7824-110 $213,494 $213,494 $213,494 $213,494 5/31/37 Parkway Drive and Alvarado Rd Trunk Sewer Phase 3 Upgrade C-06-8394-110 $0 $264,380 $398,555 $398,555 7/30/41 Total $1,070,603 $1,334,983 $1,469,158 $1,469,158
State Revolving Fund- Current Agreements and Financing Schedule
REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: February 13, 2024
SUBJECT: APPROVAL OF SUMMARY VACATION OF AN
EXISTING EASEMENT FOR PUBLIC SIDEWALKS AND
UTILITY PURPOSES ENCUMBERING 4757 PALM
AVENUE
ISSUING DEPARTMENT: Public Works
SUMMARY:
Issues:
Should the City of La Mesa vacate an existing an existing easement for public sidewalk and utility purposes encumbering 4757 Palm Avenue? Recommendation:
Vacate the City of La Mesa existing easement for public sidewalk and utility purposes encumbering 4757 Palm Avenue.
Fiscal Impact:
None.
City’s Strategic Goals:
Invest in infrastructure to serve the needs of the community.
Environmental Review:
This project is categorically exempt from the environmental review process under Section 15301 Class 1(c) of Title 14 of the California Code of Regulations.
Report to Mayor and Councilmembers
Date: February 13, 2024
Page: 2 of 3
BACKGROUND:
When the old La Mesa Appliance Center at 4757 Palm Avenue was renovated in 2008, the owners were required to dedicate an easement for public sidewalk and utilities to allow for pedestrian access and minor public drainage features to be constructed on site that would take public drainage to the bio-swale facilities at the southeast intersection of Palm Avenue and Allison Avenue (see Attachment B). The property was recently sold and under the proposed new design for the property, pedestrian access and minor drainage has been reconfigured for the site and the City will no longer need the easement for the intended purposes.
DISCUSSION:
Palm Street Ventures, LLC a California Limited Liability Company, seeks to remove the public easement in order to increase the developable area. The owner has researched the easement history and requests that the City vacate that easement encumbering the property citing that vacating that public utility easement would allow development to proceed with construction. The City has reviewed the easement, proposed development plans and supporting documents with other utility agencies and has determined that the vacation request is reasonable. San Diego Gas & Electric, Helix Water District, Cox Cable and AT&T have been contacted and each agency has submitted a letter indicating they have no objection to the vacation.
California Streets and Highways Code, Section 8330, et seq., provides the criteria for summary vacation of public service easements in any of the following cases:
(a) The easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation; (b) The date of dedication or acquisition is less than five years, and more than one year, immediately preceding the proposed vacation, and the easement was not used continuously since that date; or
(c) The easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.
Condition (c) applies to this request for vacation and therefore the City Council may authorize the vacation.
Report to Mayor and Councilmembers
Date: February 13, 2024
Page: 3 of 3
CONCLUSION:
Staff recommends the City vacate existing easement for public sidewalk and utility purposes encumbering 4757 Palm Avenue.
Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Michael Throne, PE
City Manager Director of Public Works
Attachments: A. Resolution
B. Vacation Exhibit
RESOLUTION NO. 2024-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA
ORDERING THE SUMMARY VACATION OF AN EASEMENT FOR
PUBLIC SIDEWALK AND UTILITY PURPOSES ENCUMBERING 4757
PALM AVENUE
WHEREAS, an easement for public sidewalk and utility purposes was dedicated to the City of La Mesa in easement Document No. 2008-0221874, recorded April 25, 2008; WHEREAS, the property owner of 4757 Palm Avenue, has requested the vacation of said easement to unencumber their property and facilitate the use of the property; WHEREAS, Section 8330, et seq., of the California Streets and Highways Code provides the criteria for summary vacation of public service easements in any of the following cases:
a. The easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation; b. The date of dedication or acquisition is less than five years, and more than one year, immediately preceding the proposed vacation, and the easement was not used continuously since that date; or
c. The easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.
WHEREAS, the City Council finds that:
a. The Notice of Public Hearing on said resolution ordering the summary vacation of the easement, was published in the Daily Transcript on January 29, 2024, and February 5, 2024, in the manner prescribed by law for the publication of resolutions in and for said City.
b. Notices of said hearing were posted conspicuously along the easement proposed to be vacated, at least fourteen days before the date set by this resolution for the hearing.
Said notices were posted not more than three hundred (300) feet apart and at least three (3) such notices were posted.
c. No persons presented evidence that said easement is necessary for present or future public purposes;
d. There is no present or prospective use for the easement for which it was originally acquired or for any other public use of a like nature that can be anticipated; e. The easement for public utility purposes has been superseded by relocation and there are no other public facilities located within the easement considered to be vacated; f. The property owner will benefit from the vacation through improved utilization of the land; and
g. The vacation is consistent with the general plan or an approved community plan.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, as follows:
1. That the easement for public sidewalk and utility purposes dedicated to the City of La Mesa in easement Document No. 2008-0221874, recorded April 25, 2008, be ordered vacated.
2. That the City Clerk of the City of La Mesa, California shall cause a certified copy of this Resolution, attested to under the seal of the City of La Mesa, with exhibits, to be recorded in the Office of the County Recorder of San Diego County, State of California.
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 13th day of February 2024, by the following vote, to wit:
AYES:
NOES:
ABSENT:
CERTIFICATE OF THE CITY CLERK
I, MAGAN WIEGLEMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and exact copy of Resolution No. 2024- , duly passed and adopted by the City Council of said City on the date and by the vote therein recited.
MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)
ATTACHMENT B
REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: February 13, 2024
SUBJECT: RESOLUTION AWARDING A PROFESSIONAL
SERVICES CONTRACT TO RICK ENGINEERING
COMPANY FOR PHASE 1 OF THE DOWNTOWN
VILLAGE SPECIFIC PLAN UPDATE
ISSUING DEPARTMENT: Community Development
SUMMARY:
Issues:
Should the City Council adopt a resolution awarding a Professional Services Contract to Rick Engineering Company for Phase 1 of the Downtown Village Specific Plan Update.
Recommendation:
Staff recommends that the City Council adopt a resolution awarding a Professional Services Contract to Rick Engineering Company for Phase 1 of the Downtown Village Specific Plan Update.
Fiscal Impact:
$300,000 was budgeted in the Fiscal Year (FY) 2023/24 Community Development Professional and Specialized Services account.
City’s Strategic Goals:
Promote a high quality of life that current and future generations can afford to call home.
Invest in infrastructure to serve the needs of the community.
Report to Mayor and Councilmembers
Date: February 13, 2024
Page: 2 of 4
BACKGROUND:
The current Downtown Village Specific Plan (DVSP) was adopted in 1990 and is now 34 years old. The infrastructure in the Downtown Village has recently underwent comprehensive improvements along Allison Avenue, University Avenue, Palm Avenue and La Mesa Boulevard leading to a significant revitalization in the Downtown Village.
The Civic Center has also had major improvements constructed including new fire station 12, new library and post office, new police station, and the currently under construction affordable housing project at 8181 Allison Avenue. It is now necessary to update the DVSP Plan to properly plan for the continued development of the Downtown Village area.
The City of La Mesa’s Downtown Village Specific Plan area consists of approximately 161 acres of land plus street right-of-way. This area extends from Interstate 8 south along Spring Street to Pasadena and Date Avenues. The Specific Plan area is roughly bounded on the east by the University Avenue – La Mesa Boulevard intersection and on the west by the University Avenue – La Mesa Boulevard intersection. The Project area encompasses Downtown Village commercial land uses, the Civic Center, surrounding residential neighborhoods including the Date Avenue Historical District, and a few larger commercial parcels north of University Avenue.
Land uses within the Specific Plan Area have remained mostly stable over the years and the City has made key infrastructure investments in the Project Area in an effort to support existing uses and encourage growth. Consistent with regional growth projections, the City expects a modest level of growth and development in this area and therefore, recognizes a need for a Specific Plan update.
The City conducts Requests for Proposals (RFP) to identify qualified professional service providers to ensure that the City retains the most qualified providers at a reasonable cost.
Staff initiated the process for RFP 24-06 (Attachment C) in June 2023 to obtain consultant services related to land use and development regulations, urban design, infrastructure, public services, public outreach, and environmental review to prepare and adopt an update to the La Mesa Downtown Specific Plan. The City received proposals from two qualified firms, each exceeding the proposed $300,000 project budget. After review of the submittal packages and interviews with the proposal respondents, Rick Engineering Company was selected as the preferred firm to provide services as part of a phased project approach for the Downtown Village Specific Plan update. In light of the project budget, the project scope was revised to divide tasks into two phases. This contract proposal is for Phase 1.
Report to Mayor and Councilmembers
Date: February 13, 2024
Page: 3 of 4
DISCUSSION:
Rick Engineering Company (RICK) was established in 1955. With over 65 years of experience, they support a wide variety of jurisdictions with a high level of service, expertise, and resources. Rick Engineering has prepared similar plans for several cities in San Diego County, including the City of Lemon Grove and City of Escondido.
Rick Engineering recognizes the fundamental goals of the Specific Plan, which are to facilitate commercial revitalization, retain and enhance residential uses, promote mixed use development, and improve the usability of the Specific Plan. RICK will facilitate conversations with City staff, stakeholders, developers, and the community to address the opportunity for carefully designed development within the context of the need for economic development and housing and the impact those changes will have on the community. Rick Engineering provided a comprehensive cost estimate of all the required tasks and experience sought in the RFP.
Phase 1
To stay within the budgeted amount of $300,000, staff worked with the contractor to develop a project approach with 2 phases. Phase 1 project tasks (Attachment C) will assist in providing a better understanding of the project area and what will be needed to update the DVSP to properly plan for the continued development of the Downtown Village area in light of recent improvements, revitalization that has occurred to date in the Downtown Village , and new state laws which in certain cases may allow for streamlined development and less environmental review. The proposed Phase 1 tasks include the following:
1. Opportunities and Constraints Analysis, which will provide an overview of conditions and characteristics within the Specific Plan area, document potential opportunities and constraints to inform the land use, design, and implementation recommendations of the Specific Plan, and will be a key component of community engagement.
2. Land Use and Design Analysis, which will include review of state law and objective design standards, a circulation analysis, financial feasibility analysis, and a parking analysis that will include site options to be evaluated for a future public parking structure to serve the Civic Center and Downtown Village areas as well as evaluating the financial feasibility of a public parking structure and the review of existing parking in-lieu fee program for future development.
3. Community Engagement, which will include a Community Engagement Plan.
Community Engagement will include a variety of touchpoints, including in-person, mixed with virtual activities including: in-person workshops stakeholder interviews, design charettes, pop-up events/presentations (churches, La Mesa Farmers’ Market, baseball fields, etc.), interactive website activities, and digital and hard copy surveys.
Report to Mayor and Councilmembers
Date: February 13, 2024
Page: 4 of 4
4. Administrative draft Specific Plan document, which would be utilized to identify and apply for additional grant funding such as SANDAG’s Smart Growth Incentive Program, which funds comprehensive public infrastructure projects and planning activities that facilitate compact, mixed-use, transit-oriented development and increase housing and transportation choices.
Rick Engineering has developed an expeditious project schedule for Phase 1, which is anticipated to be completed in late fall/early winter of 2024.
Phase 2
Phase 2 funding would not be a part of this contract. Phase 2 would cover additional community engagement, finalization of the document and technical studies for public review, and all tasks related to environmental review.
CONCLUSION:
Staff recommends that the City Council adopt a resolution (Attachment A) authorizing awarding a Professional Services Contract to Rick Engineering Company for the Downtown Village Specific Plan Update.
Reviewed by: Respectfully submitted by:
____________________ _Lynnette Santos_______________
Greg Humora Lynnette Santos
City Manager Director of Community Development
____________________________
Kristen Flores
Management Analyst
Attachments:
A. Resolution
B. RFP 24-06 Downtown Village Specific Plan Update, Environmental Assessment and Related Technical Studies
C. Proposed Scope for Phase 1 from Rick Engineering Company in response to RFP 24-06
RESOLUTION NO. 2024-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA AWARDING RFP 24-06 TO RICK ENGINEERING COMPANY FOR PROFESSIONAL SERVICES FOR THE PREPARATION OF PHASE 1 OF THE DOWNTOWN VILLAGE
SPECIFIC PLAN UPDATE
WHEREAS, one of the City of La Mesa’s strategic goals is to improve the usability of the Specific Plan to ensure a streamlined and predictable discretionary review process; WHEREAS, the City has a need for professional services to prepare the Downtown Village Specific Plan Update;
WHEREAS, the City conducts Requests for Proposals (RFP) to identify qualified professional service providers to ensure that the City retains the most qualified providers at a reasonable cost;
WHEREAS, the City issued RFP 24-06 for consultant services to support the Downtown Village Specific Plan Update, on June 22, 2023;
WHEREAS, the City received proposals from two qualified firms, each exceeding the proposed $300,000 project budget;
WHEREAS, in light of the project budget, the project scope was revised to divide tasks into two phases; and
WHEREAS, Rick Engineering Company was selected as the preferred firm to provide services as part of phase one of the Downtown Village Specific Plan update project.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, that RFP 24-06 for professional services to support Phase 1 of the Specific Plan Update is awarded to Rick Engineering Company and the Mayor is hereby authorized and instructed to execute a Standard Agreement for Professional Services between the City of La Mesa and Rick Engineering Company for professional services to prepare the Downtown Village Specific Plan Update for an amount not to exceed $300,000.
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 13th day of February 2024, by the following vote, to wit:
AYES:
NOES:
ABSENT:
CERTIFICATE OF CITY CLERK
I, MEGAN WIEGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and exact copy of Resolution No. 2024- , duly passed and adopted by the City Council of said City on the date and by the vote therein recited.
MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)
REQUEST FOR PROPOSALS
RFP 24-06
DOWNTOWN VILLAGE SPECIFIC PLAN UPDATE,
ENVIRONMENTAL ASSESSMENT
AND RELATED TECHNICAL STUDIES
June 22, 2023
City of La Mesa
Community Development Department
8130 Allison Avenue
La Mesa, CA 91942
SECTION 1
REQUEST FOR PROPOSALS
A. INVITATION
The City of La Mesa (“City”) is soliciting proposal packets from qualified consultants to provide planning, urban design, infrastructure, public services, environmental, and public outreach services necessary to assist with preparation and adoption of a comprehensive update to the La Mesa Downtown Village Specific Plan, adopted April 17, 1990 (“Project”).
Interested and qualified companies who have demonstrated their ability at providing comparable services are invited to submit proposals.
Prepared in accordance with Section 65450 of the California Government Code, the Specific Plan is intended to guide both public and private development within the Downtown core in a manner consistent with the 2012 City of La Mesa General Plan (“2012 General Plan). The Specific Plan Update will be accompanied by the applicable level of environmental review pursuant to the California Environmental Quality Act (CEQA) and a comprehensive public outreach process. The objectives of the Specific Plan Update include, but are not limited to:
• Improving the usability of the plan to ensure a streamlined and predictable discretionary review process
• Promoting economic development
• Encouraging infill mixed-use and multi-family residential uses • Implement parking policies and programs in support of smart growth This Request for Proposals describes the Project, proposed work program, required qualifications, consultant selection process, and minimum information that must be included in the proposal. Failure to submit information in accordance with these requirements and procedures may be cause for disqualification.
Qualified companies are invited to submit an online proposal to the City no later than 5:00 p.m. on Thursday, August 10, 2023.
B. CITY AND DOWNTOWN OVERVIEW
The City (population approximately 60,700) is located in the eastern portion of San Diego County’s urbanized area, approximately nine miles east of downtown San Diego. The City encompasses approximately nine square miles of land and is 98 percent built out, with virtually no remaining large tracts of vacant, developable land. The City benefits from excellent transportation infrastructure with three major freeways (Interstate 8, State Route 94, and State Route 125) and two Metropolitan Transit Service (MTS) trolley lines (Green Line and Orange Line) bisecting the City. The City is also served by daily MTS bus/shuttle service.
The Specific Plan area consists of approximately 161 acres of land plus street right-ofway. This area extends from Interstate 8 south along Spring Street to Pasadena and Date Avenues. The Specific Plan area is roughly bounded on the east by the University Avenue – La Mesa Boulevard intersection and on the west by the University Avenue – La Mesa Boulevard intersection. The Project area encompasses Downtown Village commercial land uses, the Civic Center, surrounding residential neighborhoods including the Date Avenue Historical District, and a few larger commercial parcels north of University Avenue.
Land uses within the Project an Area have remained stable over the years and the City has made key infrastructure investments in the Project Area in an effort to support existing uses and encourage growth. Consistent with regional growth projections, the City expects a modest level of growth and development in this area and therefore, recognizes a need for a Specific Plan Update.
C. PROJECT DESCRIPTION
The City is inviting qualified consultants to submit proposals to assist with the Project.
The Project will include an update to the Downtown Village Specific Plan, with accompanying environmental documentation and technical studies in accordance with California Government Code Sections 65450 – 65457 and the requirements of CEQA. In addition, the updated Specific Plan will need to be consistent with the 2012 General Plan and adopted regional plans of the San Diego Association of Governments (SANDAG), including the Regional Comprehensive Plan, Sustainable Communities Strategy, and Regional Transportation Plan. The Project will be an in-depth, transparent public process involving community workshops and public hearings.
Since adoption in 1990, many changes have occurred in the City, region, State, and beyond, resulting in the need to update the Specific Plan. The updated Downtown Village Specific Plan will facilitate new commercial revitalization, mixed use development, and serve as a blueprint for future growth and development. The key goals of the Project are to emphasize commercial revitalization, retain and enhance residential uses, promote mixed use development, and improve the usability of the Specific Plan. The Project will update the Downtown Village Specific Plan to plan for new population growth, new housing opportunities, and new jobs consistent with SANDAG’s regional growth forecast for La Mesa in a manner that preserves single-family neighborhoods and ensures that downtown remains a focal point for community traditions. The revised Downtown Village Specific Plan will address regulatory and legislative changes as well as provide updated policy direction and detailed objective design guidelines, development regulations, and implementation measures for Downtown La Mesa, consistent with the vision and goals established by the 2012 General Plan and the City’s Strategic Goals, including sustainability, complete streets, and wellness.
D. PROJECT BUDGET
The cost proposal shall be for all tasks as detailed in the Scope of Work. The total budget available for this project is $300,000.
E. BACKGROUND INFORMATION
The project scope requires evaluation and incorporation of goals, policies, and vision from various City documents and other agency documents that address challenges and opportunities within the City. These documents are listed below.
Document Title Status Hyperlink
La Mesa Downtown
Village Specific Plan Adopted 1990
https://www.cityoflamesa.us/DocumentCente
r/View/1172/Downtown-Village-SpecificPlan?bidId=
La Mesa Village Parking
Garage Feasibility Study
(Keyser Marston
Associates 2011)
Conducted
2011
https://www.cityoflamesa.us/828/ParkingPermit-Program
City Of La Mesa Bicycle
Facilities and Alternative
Transportation Plan
Adopted 2012
https://www.cityoflamesa.us/DocumentCente
r/View/2477/Bicycle-Facilities-Final-ReportLaMesa_OPT_LowRes?bidId= City of La Mesa General
Plan Adopted 2012
https://www.cityoflamesa.us/DocumentCente
r/View/2477/Bicycle-Facilities-Final-ReportLaMesa_OPT_LowRes?bidId= 2021-2029 Housing
Element
Adopted by
City Council
2023, pending
HCD approval
https://www.cityoflamesa.us/1656/HousingElement-Update Climate Action Plan
Adopted 2018;
update
underway
https://www.cityoflamesa.us/1488/ClimateAction-Plan
La Mesa Civic Center
Feasibility Study
Conducted
2016
https://www.cityoflamesa.us/DocumentCente
r/View/8948/Civic-Center-Feasibility-StudyPDF?bidId=
Temporary Outdoor
Display or Service
Regulations
Adopted 2020
https://www.cityoflamesa.us/DocumentCente
r/View/16285/Temporary-Outdoor-Display-orService-Regulations Temporary Outdoor Dining
Regulations Adopted 2020
https://www.cityoflamesa.us/DocumentCente
r/View/16257/Temporary-Outdoor-DiningRegulations
La Mesa Zoning
Ordinance (La Mesa
Municipal Code Title 24)
https://library.municode.com/ca/la_mesa/cod
es/code_of_ordinances?nodeId=TIT24ZO
2012 City of La Mesa
Parks Master Plan
Adopted 2012;
update
underway
https://www.cityoflamesa.us/DocumentCente
r/View/2496/La-Mesa-Parks-Master-Plan2012-optimized?bidId= Targets for Action:
Strategic Directions and
Five-Year-Goals
Reaffirmed
2021; City
Strategic Plan
is in
development
https://www.cityoflamesa.us/533/Targets-forAction
2021-2026 Homeless
Action Plan Adopted 2021 https://www.cityoflamesa.us/DocumentCenter/View/17134/Homeless-Action-Plan?bidId= Downtown Village
Streetscape Improvement
Project
Completed
2015
https://www.cityoflamesa.us/885/DowntownVillage-Streetscape-Project Vision Zero CIP Projects https://www.cityoflamesa.us/DocumentCente r/View/17755/Vision-Zero---CIP?bidId=
SANDAG Documents
Regional Plan
2021 Plan;
2025 being
developed
https://www.sandag.org/regional-plan
Kumeyaay Corridor
Comprehensive
Multimodal Corridor Plan
Currently in
development;
SANDAG and
Caltrans
District 11
Project
https://sandag.mysocialpinpoint.com/kumeya
aycorridor
SECTION 2
SCOPE OF WORK
A. SCOPE OF WORK
The City is seeking services related to land use and development regulations, urban design, infrastructure, public services, public outreach, and environmental review to prepare and adopt an update to the La Mesa Downtown Specific Plan. The consultant shall assemble a team of experts to prepare, manage, and document a rigorous, transparent, and efficient planning process that produces a regulatory plan that effectively guides development, land uses, and environmental conditions within the planning area through 2035. The consultant shall work closely will City staff and maintain consistent and open communication throughout the planning process.
Under the direction of the Director of Community Development, the selected consultant will provide the following services, which include the provision of policy, program, and project options for consideration and recommendations in the following areas:
Document Review. The consultant shall review the documents referenced in the Background Information and provide an analysis regarding how to incorporate these documents into the update and provide strategic recommendations to update the Specific Plan regulations and policies and provide appropriate development standards to implement Specific Plan goals. The selected consultant shall also review plans by SANDAG and MTS to inform the development of the Downtown Village Specific Plan update.
Economic and Feasibility Analysis. The consultant shall conduct an Economic and Feasibility Analysis to evaluate the retail mix and land uses within the Downtown Village Specific Plan area with respect to competition, opportunities, and constraints within the context of the broader San Diego economic market. The analysis shall include a market gap analysis and evaluate opportunities and constraints associated with mixed use development and potential future housing opportunities, including how additional infill housing would be accommodated in light of the State’s transit-oriented development housing policies.
Land Use Analysis. The consultant shall prepare a Land Use Analysis that includes evaluation of current Downtown Village Specific Plan provisions related to permitted and conditionally permitted land uses, resident, and visitor-serving uses for potential modification and a holistic review of the existing land uses in the Specific Plan Area.
Recommendations regarding land use, zoning regulation, and development standards to enhance the Specific Plan’s potential to accommodate future retail and housing opportunities, including mixed-use opportunities, shall be provided. Recommendations for housing shall address housing type, occupancy, tenure, affordability, and parking requirements.
Outdoor Uses. The consultant shall develop recommendations for Outdoor Use Amendments that create more flexibility for businesses wishing to activate their private outdoor spaces, such as the creation of temporary and permanent sidewalk cafés and developing rooftop amenity uses. The amendments should include regulatory procedures and evaluation criteria to establish a streamlined review process, while maintaining a uniform aesthetic and adhering to ADA and public safety standards.
Design Standards. The consultant shall update the existing design guidelines and prepare Objective Design Standards for the Downtown Village Specific Plan. As a part of the update, the consultant shall conduct an urban design, height and massing analysis accompanied by narratives, graphics, diagrams, tables, illustrations and fly-throughs to clearly communicate recommended design and planning features to support the vision and goals of the Downtown Village Specific Plan and Design Standards. The Design Standards shall provide clear policy direction related to building architecture, building height, building color, temporary and permanent signage, vehicle and bicycle storage facilities, landscaping, lighting, and outdoor retail displays. The Downtown Village Specific Plan shall specifically call out landscape criteria such as street trees, lighting, and furnishings to enhance the area and unify the unique character of the area. The design standards shall include images of existing approved projects to depict real examples of the ideas behind the design standards.
Downtown Parking Analysis. The Specific Plan Update shall establish a roadmap for addressing parking needs to support smart growth. The consultant shall prepare an updated Downtown Parking Analysis that considers potential future intensification of commercial, mixed use, or residential uses in the Civic Center and the Downtown Village Areas. To inform the updated analysis, the consultant shall review the recommendations of the La Mesa Village Parking Garage Feasibility Study (prepared by Keyser Marston Associates, August 23, 2011) including the establishment of a parking in-lieu fee. The updated parking analysis shall evaluate siting options for a parking structure to serve both the Civic Center Campus and the downtown area; the parking analysis shall include a scenario that evaluates total available parking in the downtown area with the parking structure. The parking analysis shall also evaluate decoupling parking from uses and provide parking solutions for the potential intensification of use and/or increase in building floor area in the downtown; evaluate and update parking standards applicable to the downtown to consider recommendations related to public transit opportunities, including the nearby trolley station; and provide recommendations related to pedestrian circulation, as well as bicycle and vehicular mobility.
Streetscape, Circulation and Transit. The consultant shall provide recommendations related to streetscape improvements, pedestrian circulation, bicycle and vehicular mobility, and increasing use of, and improving access to, public transit.
Recommendations shall complement the City’s Bicycle Facilities and Alternative Transportation Plan, Complete Streets Plan, and Vision Zero efforts.
Downtown Village Branding. The consultant shall evaluate the downtown area and provide recommendations with regard to unique identification (branding) of the downtown district to incorporate a planned District Sign, banners, wayfinding signs, business identification signs, and additional physical design elements that distinguish the Downtown Village from other parts of the community and also create a uniform appearance throughout the downtown area. The recommendations shall include projects to improve the visual attractiveness of Downtown Village Specific Plan public areas, particularly projects that would improve the quality of the pedestrian and bicyclist experience.
Civic Center. The Specific Plan Update shall address the City’s future development of the Civic Center, including a parking structure on the Civic Center campus (see Downtown Parking Analysis). The Specific Plan shall provide a broad direction for use of the site. Detailed plans are not expected.
Improve Usability of the Specific Plan. The Specific Plan Update shall reformat, reorganize, and streamline the content of the current Downtown Village Specific Plan to eliminate redundancy and provide clear guidance to staff, property owners, and developers. The new format will condense, consolidate, and/or replace text with easy to read tables, graphs, diagrams, and illustrations when appropriate. The Specific Plan Update shall streamline the development review and CEQA review processes to the extent possible to reduce the timeframe for discretionary reviews and provide more certainty to the development community.
Specific Plan Update. The consultant shall develop an updated Downtown Village Specific Plan utilizing the analyses and recommendations from the scope of work that provides a future vision for the Specific Plan Area, makes excellent use of graphics, removes redundant references, incorporates streamlined language, and reduces the overall ambiguity present in the current document. The consultant shall prepare all text, maps, graphics, references, formatting, binding, covers and table of contents for the Specific Plan Update.
Environmental Review. The consultant shall prepare an Initial Study based on Appendix G of the CEQA Guidelines to determine the level of CEQA review and associated technical analyses required for the proposed Project. The consultant shall then prepare the necessary documentation as part of the Specific Plan update process. To the extent practicable, the CEQA process for the Specific Plan shall streamline CEQA review processes for future development projects, including the Civic Center campus, within the Specific Plan Area through tiering or other means.
Public Outreach. Input for the Specific Plan Update shall be sought throughout the planning process. The consultant shall prepare and implement an outreach plan to seek focused input from City staff and City Board and Commissions who are tasked with implementing the Specific Plan. Additionally, the consultant shall develop and execute a public participation plan that will include outreach to, but not limited to, residents, property owners, the La Mesa Village Association, developers, building professionals, and other
members of the community. The City will provide meeting space and logistics for community planning workshops and any other outreach efforts. The consultant shall organize broad-based community outreach efforts to include a range of key age and interest groups, including the La Mesa Village Association, to identify meeting locations and to provide innovative methods to contact community groups. Public outreach might include stakeholder interviews, planning and facilitation of a one or two-day design charette, web and social media management and presence on the City website, presentations at locations such as churches, the La Mesa Farmers’ Market, baseball fields, high school, homeowners’ associations, and the preparation of specially formatted publications.
B. PROJECT DELIVERABLES:
PROJECT MANAGEMENT
1. Materials shall be delivered electronically in Microsoft Office and PDF formats.
Graphics shall be prepared in a graphics file format that is editable by the City. All land use maps shall be submitted in GIS compatible digital format shape files. All files submitted will become the property of the City upon completion of the project.
2. A timeline schedule for the public participation program and preparation of all tasks outlined in the Project Scope, including staff review, and Planning Commission and City Council review.
3. Bi-weekly e-mail progress reports and memos at various Project stages to staff, and as updates to the City website and social media to communicate updates.
4. Progress meetings with staff at least once per month throughout the Project.
5. Presentation of draft and final materials, including but not limited to staff reports and presentations, to the Design Review Board, Planning Commission, and City Council at public meetings, as requested by staff.
6. Public meeting reports, presentations, and other materials; miscellaneous letters; and memos as required by City staff, in paper and electronic formats.
DOCUMENTS AND ANALYSES
7. Economic and Feasibility Analysis
8. Land Use Analysis
9. Outdoor Use Amendment Recommendations
10. Objective Design Standards
11. Downtown Parking Analysis
12. Streetscape, Circulation and Transit Recommendations
13. Downtown Branding Recommendations
14. Updated Downtown Village Specific Plan and CEQA document: Up to two administrative draft specific plan updates and the applicable environmental assessment document and related technical studies shall be provided for City review. The consultant shall then incorporate City comments into a final specific plan update, environmental assessment document and related technical studies.
15. An illustrative urban design plan, including visuals and 3-D massing and scale, to compliment and contribute to understanding the Downtown Village Specific Plan, in a form and format to be determined.
PUBLIC PARTICIPATION AND OUTREACH
16. A comprehensive public participation program to include, at a minimum, one “kickoff” meeting with staff, one meeting with the Design Review Board, up to five Planning Commission workshops, a one-day or two-day design charette and up to three City Council Public Hearings, prior to preparing the recommendations and responses to the tasks outlined in the scope of work. Provide a report on the results of the program when concluded.
17. A stakeholder outreach plan to solicit focused input from the Planning Commission, Design Review Board, Historic Preservation Commission, City development staff, and stakeholders. Provide a report on the results of the program when concluded.
C. CONTRACT MODIFICATION
From time to time minor modifications may be required to the Scope of Work. Permanent modifications to the Scope of Work will be provided to the contractor in writing. In the event such modifications, in the opinion of the Contractor, make compliance with contract conditions impractical, Contractor shall submit a written request for modification to the requirements in the Scope of Work. This request shall set forth in detail the reasons why the specified changes make the Scope of Work impractical and include Contractor’s proposal or recommendation to relieve the impracticality.
SECTION 3
QUALIFICATIONS AND REQUIREMENTS
A. QUALIFICATIONS AND EXPERIENCE
The City is seeking a consultant (a firm or a team) with a resume of extensive, successful experience in the preparation of planning documents, particularly specific plan updates for small and/or medium-sized cities. The resume should also include examples of defendable environmental assessments for similar projects in urbanized cities in California.
The consultant must have demonstrable experience working with city planners and engineers. The consultant must have experience and expertise with the formulation and facilitation of public outreach programs including participation in public workshops, outreach surveys, public hearings, and briefings before the Governing Board, commissions, and agency staff. The consultant should offer mapping and graphics compatible with the City’s GIS software. The consultant should offer visual simulation capabilities to assist with the planning and public outreach processes.
B. LICENSE/SPECIAL INSURANCE/OTHER REQUIREMENTS
All submittals must include evidence of required insurance, as per the limits stated in the attached Sample Draft Agreement – City of La Mesa Professional Services Agreement.
A certificate of insurance will suffice for the submittal. The selected consultant will be expected to provide the required insurance and accompanying endorsement(s) naming the “City of La Mesa, its elected officials, officers, officials, employees, agents, and volunteers” as additionally insureds within ten (10) days of executing an agreement with the City.
SECTION 4
SUBMITTAL INSTRUCTIONS
A. SUBMISSIONS DUE
Please submit proposals online in the form of scanned documents through PlanetBids. Only submissions made through the online system will be accepted.
All proposals are due no later than by 5:00 p.m. on Thursday, August 10, 2023. Proposals received after the deadline will not be considered.
B. REQUIRED COMPONENTS
Your proposal must be complete for consideration and should include the following documents:
1. Letter of Interest and Contact Information: Provide a letter of interest that includes the name and contact information for the project manager [1 page maximum].
2. Executive Summary: Brief summary explaining the consultant’s overall understanding of the Project and the likely approach the consultant will apply to ensure delivery of a quality, defensible work product on time and within budget [2 pages maximum].
3. Listing of Key Personnel: Listing of and resumes for key personnel for the consultant firm and any subconsultant firms teaming with the primary consultant [10 pages maximum].
4. Project Approach: Describe the manner and methods you will use to manage and facilitate the work. This should include a discussion on how you will accomplish each project deliverable outlined in the Scope of Work [10 pages maximum].
5. Statement of Qualifications and Experience: Listing and description of the consultant’s (and subconsultant’s, if applicable) most relevant project experience and how it relates to and will benefit the City’s objectives. Please include experience conducting community engagement for a specific plan, if applicable.
All project experience summaries should include client contact information, dates of work performed and should be attributable to staff still employed at the consultant’s firm. Summaries should clearly identify the ultimate outcome of the project [10 pages maximum].
6. Client References: Consultant’s preferred list of at least three client references, including name, title, and contact information [3 pages maximum].
7. Time Schedule: Include a time schedule for the completion of all tasks in the scope of work. The desired overall time frame for the entire specific plan update process is 18 – 24 months [3 pages maximum].
8. Cost Proposal: The cost proposal shall be for all tasks as detailed in the Scope of Work [2 pages maximum].
A Proposal Packet (Section 6) has been included for your use. If you choose to provide your own forms you must include all information listed.
SECTION 5
EVALUATION CRITERIA AND KEY CONSIDERATIONS
A. QUALIFICATION EVALUATION PROCESS
Proposals will be evaluated by a panel of City staff. The City will use the following criteria for evaluation:
25% Project Approach
25% Statement of Qualifications
15% Client References
10% Cost Proposal
25% Interviews
B. SCHEDULE FOR THE RFP
RFP distributed 6/22/2023
Responses to RFP due 8/10/2023
Committee review complete 8/17/2023
Interviews (week of) 8/21/2023
Selection of company 9/12/2023
Tentative agreement date 9/13/2023
C. QUESTIONS AND ANSWERS
Questions related to this RFP must be submitted through the PlanetBids system and will only be accepted through 1:00 p.m. on Thursday, July 20, 2023.
D. REVISIONS TO THE RFP
The City reserves the right to revise the RFP prior to the date that proposals are due.
Revisions to the RFP shall be communicated via PlanetBids vendor and bid management system to all prospective businesses. The City reserves the right to extend the date by which the submittals are due.
E. DISCRETION AND LIABILITY WAIVER
The City reserves the right to exercise discretion and apply its judgment with respect to any qualifications submitted.
The City reserves the right to reject any or all submittals, either in part or in their entirety, or to request and obtain, from one or more of the businesses submitting, supplementary information as may be necessary for City staff to analyze the qualifications pursuant to the contractor selection criteria contained herein.
The City may require contractors to participate in additional rounds of discussions, negotiations, or more refined submittals before the ultimate selection of a contractor is made. These rounds could encompass revisions of the submittal criteria in response to the nature and scope of the initial qualifications.
The contractor, by submitting a response to this RFP, waives all right to protest or seek any legal remedies whatsoever regarding any aspect of this RFP.
This RFP does not commit the City to award a contract, to defray any costs incurred in the preparation of a submission pursuant to this RFP, or to procure or contract for work.
The company shall be responsible for all costs associated with preparation of their submission to the City.
Any and all materials submitted in response to this RFP become the property of the City.
Consequently, any and all information contained in such materials shall be subject to disclosure pursuant to the California Public Records Act.
The City reserves the right to cancel or modify in part or in its entirety this RFP including, but not limited to: selection procedures, submittal date, and submittal requirements. If the City cancels or revises the RFP, all companies will be notified via PlanetBids.
F. CITY’S STANDARD GENERAL SERVICES AGREEMENT
The successful company is expected to execute the City’s standard general services agreement (copy attached) as is with minor modifications as required to customize the agreement to the specific services. Successful companies shall comply with all insurance and licensing requirements as set forth in the standard agreement.
G. OTHER PUBLIC AGENCIES
Other public agencies may piggyback on this RFP or the executed agreement from this RFP award in order to enter into contracts with the successful company for any and all services specified within.
SECTION 6
PROPOSAL PACKET, RFP 24-06
DOWNTOWN VILLAGE SPECIFIC PLAN UPDATE,
ENVIRONMENTAL ASSESSMENT
AND RELATED TECHNICAL STUDIES
INFORMATION STATEMENT
Legal Name of Organization:
Date Established:
Legal Status, i.e., corporation, partnership, sole proprietorship Officers/Owners of Organization:
Name: Title:
Name: Title:
Name: Title:
Name: Title:
Number of Employees: Permanent – Full Time: _____ Part Time: _____ Business Address:
Contact Information:
Organization Bank Name:
Branch:
Address:
Contact Name:
The City of La Mesa reserves the right to perform a credit check on your organization to obtain information regarding your organization’s financial stability.
Are you or your organization currently engaged or involved in any litigation over the proprietary rights or patent rights for the software or services to be used for the City of La Mesa? _____________________ If yes, please attach explanation.
LETTER OF INTEREST
EXECUTIVE SUMMARY
LISTING OF KEY PERSONNEL
PROJECT APPROACH
STATEMENT OF QUALIFICATIONS AND EXPERIENCE
TIME SCHEDULE
COST PROPOSAL
CONTRACT EXPERIENCE – REFERENCES
(List most recent experience first and specifically include any government agency experience – List any additional on separate sheet)
Company Name
Address
City
State
Zip
Phone
Fax
Email
Principal
Contact Name
Contact Phone
Company Name
Address
City
State
Zip
Phone
Fax
Email
Principal
Contact Name
Contact Phone
Company Name
Address
City
State
Zip
Phone
Fax
Email
Principal
Contact Name
Contact Phone
SAMPLE DRAFT AGREEMENT
STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF LA MESA AND
// NAME OF FIRM
FOR // NAME OF PROJECT
This Agreement is entered into by City of La Mesa as of this day of , 20__, by and between the City of La Mesa, a municipal corporation, hereinafter referred to as "the City", and //_Business Name______________________________, hereinafter referred to as "Consultant." WITNESSETH THAT:
WHEREAS, the City has adopted Resolution No. _______;
WHEREAS, the City has need for professional services to //perform services and is willing to compensate Consultant for such services;
WHEREAS, the City desires to engage Consultant to render certain technical and professional services in the providing of said professional services; and WHEREAS, Consultant is qualified to provide said professional services for //service.
NOW THEREFORE, the parties do mutually agree as follows:
SECTION 1: ENGAGEMENT OF CONSULTANT
The City hereby agrees to engage Consultant and Consultant hereby agrees to perform the services set forth in this Agreement. This Agreement shall be for an initial term until the completion of the Project.
SECTION 2: SERVICES TO BE PERFORMED BY CONSULTANT
Consultant shall commence performance of the Project upon execution of this Agreement by both parties. The term "Project" as used in this Agreement shall include all of the tasks and items listed and described in Exhibit "A", attached hereto and incorporated herein as part of this Agreement.
SECTION 3: KEY PROJECT PERSONNEL
Consultant agrees to provide the services of /names/titles of Consultants respectively for the full term of this contract. No substitutions will be made without prior written approval by the City.
The City reserves the right to request specific qualifications for personnel substituted under this section.
- 26 -
SECTION 4: CONSULTANTS
Consultant will utilize the services of the following sub-Consultants during the course of this study:
// Name/Business Name or None or n/a
Payment for such services shall be the responsibility of the Consultant. No substitution of proposed sub-Consultants shall be made without prior written approval by the City.
SECTION 5: CITY REPRESENTATION
The //Department Head for the City of La Mesa, or its designated representative, shall represent the City in all matters pertaining to the services rendered pursuant to this Agreement and shall administer said Agreement on behalf of the City. This person shall hereinafter be referred to as the "City's Representative."
SECTION 6: RESPONSIBILITIES OF THE CITY
The City will provide the Consultant, or cause to be provided with, the following documents, services and site information, at no charge to the Consultant.
A. //
B. //
SECTION 7: PERFORMANCE SCHEDULE
Both Consultant and the City recognize that time is of the essence in the completion of this work and the following schedule is dependent upon timely actions by the Consultant and the City.
Accordingly, the Consultant shall complete all of the work outlined in Exhibit "A" and described in this Agreement in accordance with the following schedule:
TASK TARGET DATE
A. // //
B. // //
C. // //
The Consultant shall not be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, or governmental agencies.
- 27 -
SECTION 8: COMPENSATION TO CONSULTANT
Final payment of fees shall be upon delivery of approved final documents. Progress payments shall be made based upon evidence that the work is progressing satisfactorily as determined by the City's Project Manager and substantiated with detailed invoices. The amount to be billed shall be based on the Consultant schedule of fees for professional services and the actual time required for each activity. The schedule of fees and estimated time for the project are as shown in Exhibit "A" attached hereto and incorporated herein as part of this Agreement.
The total fee for professional services shall be billed on a time-and-material basis with a total amount not to exceed // thousand, / hundred // ($//,///) Dollars as described on page // of Exhibit "A".
SECTION 9: RECORDS
Consultant shall maintain adequate records to permit inspection audit of Consultant's time-and-material charges under this Agreement. Consultant shall make such records available to the City and to other public agencies responsible for approval, funding or auditing the project, during normal business hours upon reasonable notice. Nothing herein shall convert such records into public records and they will be available only to the City or to public agencies involved with approval, funding or audit functions. Such records shall be maintained by the Consultant for three (3) years following completion of the work under this Agreement.
SECTION 10: METHOD OF COMPENSATION
The City shall compensate Consultant for the services performed hereunder on a monthly basis within thirty (30) calendar days of receipt of Consultant's invoice for the services performed. The Consultant shall provide documentation regarding time-and-material charges sufficient to meet normal auditing practice. Copies of the invoices for materials in excess of $500 and subConsultant charges shall be submitted with the request for periodic payment.
The City shall promptly review invoicing and notify Consultant of any objection thereto in writing within fifteen (15) days of receipt of the invoice; absent such objection the invoice shall be deemed proper and acceptable.
In the event that any undisputed invoice is not paid within thirty (30) calendar days after receipt of the invoice by the City, it shall commence bearing interest on the date that the invoice was rendered at the rate of 1% per month and the City agrees to pay all accrued interest, together with the charges for services rendered.
- 28 -
SECTION 11: ITEMS TO BE DELIVERED TO CITY
The following items shall be delivered by the Consultant to the City of La Mesa:
QUANTITY TARGET DATE
A. // //
B. // //
C. // //
SECTION 12: DESIGN CHANGES OR REVISIONS
No design changes or revisions will be required and no payment therefor will be made except pursuant to the provisions of this Agreement. No extra compensation shall be paid the Consultant for revisions required by reason of omissions or errors by the Consultant in the preparation of the original document, plans, working drawings, or specifications. Changes to the scope of this Agreement shall be negotiated prior to commencement of extra work.
SECTION 13: ADDITIONAL SERVICES OUTSIDE SCOPE
Only after written authorization from the City, additional services that Consultant could provide, or cause to be provided, include the following:
A. Additional work related to the Project but not included in the Scope of Work.
B. Additional work caused by changes unrelated to the Scope of Work described herein.
Consultant will be compensated for Consultant time and direct personnel expenses as approved by the City. Payment for such additional services shall include Consultant's time at the rates shown on Exhibit "A".
SECTION 14: HOLD HARMLESS
Indemnity for Professional Services. To the furthest extent allowed by law, Consultant shall indemnify, hold harmless and defend City and each of its elected officials, officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant, its principals, officers, employees, agents or volunteers in the performance of professional services under this Agreement.
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Other Indemnities. Other than in the performance of professional services, and to the fullest extent allowed by law, Consultant shall indemnify, hold harmless and defend City and each of its elected officials, officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) arising or alleged to have arisen directly or indirectly out of performance of this Agreement.
Consultant’s obligations under the preceding sentence shall apply regardless of whether City or any of its elected officials, officers, officials, employees, agents or volunteers are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused solely by the gross negligence, or caused by the willful misconduct, of City, or any of its elected officials, officers, officials, employees, agents or volunteers.
If Consultant should subcontract all or any portion of the services to be performed under this Agreement, Consultant shall require each subconsultant to indemnify, hold harmless and defend City and each of its elected officials, officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraphs.
This section shall survive termination or expiration of this Agreement.
SECTION 15: INSURANCE
Throughout the life of this Agreement, Consultant shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A:VII" in Best's Insurance Rating Guide, or (ii) authorized by the City Manager or his/her designee at any time and in his/her sole discretion. The following policies of insurance are required:
(i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability of not less than the following:
$1,000,000 per occurrence
$2,000,000 general aggregate
(ii) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01 covering, Code 1 (any auto), or if Consultant has no owned
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autos, Code 8 (hired) and 9 (non-owned), with limits of liability of not less than $1,000,000 per accident for bodily injury and property damage. (iii) WORKERS' COMPENSATION insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(iv) PROFESSIONAL LIABILITY (Errors and Omissions) insurance appropriate to Consultant’s profession, with limits of liability of $2,000,000 per claim/occurrence and $2,000,000 policy aggregate.
In the event Consultant purchases an Umbrella or Excess insurance policy(ies) to meet the minimum limits of insurance set forth above, this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).
Should Consultant maintain insurance with broader coverage and/or limits of liability greater than those shown above, City requires and shall be entitled to the broader coverage and/or the higher limits of liability maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Consultant shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Consultant shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee. At the option of the City Manager or his/her designee, either:
(i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to City, its elected officials, officers, officials, employees, agents and volunteers: or (ii) Consultant shall provide a financial guarantee, satisfactory to City Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall City be responsible for the payment of any deductibles or self-insured retentions.
All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice has been given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Consultant shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Consultant shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.
The General Liability and Automobile Liability insurance policies shall be written on an occurrence form and shall name City, its elected officials, officers, officials, employees, agents and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Consultant’s insurance shall be primary and no contribution shall be required of City, its elected officials, officers, officials, employees, agents and volunteers. The coverage shall contain no
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special limitations on the scope of protection afforded to City, its elected officials, officers, officials, employees, agents or volunteers. The Workers’ Compensation insurance policy shall contain a waiver of subrogation as to City, its elected officials, officers, officials, employees, agents and volunteers.
If the Professional Liability (Errors and Omissions) insurance policy is written on a claims-made coverage form:
(i) The retroactive date must be shown, and must be before the effective date of this Agreement or the commencement of work by Consultant.
(ii) Insurance must be maintained and evidence of insurance must be provided for at least 5 years after completion of the work or termination of the Agreement, whichever first occurs.
(iii) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Agreement, or work commencement date, Consultant must purchase extended reporting period coverage for a minimum of 5 years after completion of the work or termination of the Agreement, whichever first occurs.
(iv) A copy of the claims reporting requirements must be submitted to City for review. (v) These requirements shall survive expiration or termination of the Agreement.
Consultant shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received by City and approved by City Manager or his/her designee prior to City’s execution of the Agreement and before work commences. Upon request of City, Consultant shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement.
If at any time during the life of this Agreement or any extension, Consultant or any of its subconsultants fail to maintain any required insurance in full force and effect, all work under this Agreement shall be discontinued immediately, and all payments due or that become due to Consultant shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Agreement. No action taken by City hereunder shall in any way relieve Consultant of its responsibilities under this Agreement.
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The fact that insurance is obtained by Consultant shall not be deemed to release or diminish the liability of Consultant, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify City and its elected officials, officers, officials, employees, agents and volunteers shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Consultant, its principals, officers, employees, agents, persons under the supervision of Consultant, vendors, suppliers, invitees, consultants, sub-consultants, or anyone employed directly or indirectly by any of them.
If Consultant should subcontract all or any portion of the services to be performed under this Agreement, Consultant shall require each sub-consultant to provide insurance protection in favor of City, its elected officials, officers, officials, employees, agents and volunteers in accordance with the terms of each of the preceding paragraphs, except that the sub-consultants' certificates and endorsements shall be on file with Consultant and City prior to the commencement of any work by the sub-consultant.
SECTION 16: OWNERSHIP OF WORK
All finished or unfinished documents, studies, reports, computer files and materials prepared by Consultant and sub-consultants under this Agreement shall be considered the property of the City and will be turned over to the City upon demand, but in any event, upon completion of the Project.
The Consultant shall be allowed to retain copies of documents for his permanent records, if desired. //The City and the Consultant will agree to keep trade/business information of the //site of service// confidential and will enter into an agreement with //name of site// to protect this confidentiality.
SECTION 17: ASSIGNABILITY
Consultant shall not assign, delegate, or transfer this Agreement or any work hereunder, nor assign any monies due or to become due hereunder, except as expressly stated herein. In no event shall any contractual relation be created between any third party and the City without prior written consent of the City. A consent to one assignment shall not be deemed to be consent to any subsequent assignment.
SECTION 18: INTEGRATION; AMENDMENTS
This Agreement sets forth the entire understanding of the parties with respect to the subject matter herein. There are no other agreements, expressed or implied, oral or written, except as set forth herein. This Agreement may be amended upon written mutual consent of both parties hereto.
Amendment requiring changes in compensation shall be subject to the City's change order procedures.
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SECTION 19: NOTICES
Notices and requests to the City or Consultant shall be delivered at the following addresses, either served personally on the designated representative or by U.S. Postal Service at the following addresses:
City:
Title of Contact
City of La Mesa
8130 Allison Avenue
La Mesa, CA 91942
(619) 667-////
FAX (619) ///-////
Consultant:
Title of Contact
Name of Firm
Address
City, State Zip
(///) ///-////
FAX (///) ///-////
SECTION 20: DISPUTE RESOLUTION
The City shall require that all Consultants agree to submit any unresolved claims, counterclaims, disputes, controversies and other matters between them and the City or the Consultant and/or any sub-Consultants of any tier arising out of or relating to their agreement with the City or the breach thereof (“disputes”) first to mediation and then if not resolved, to non-binding arbitration prior to initiating suit or judicial proceeding.
If applicable – As provided in Public Contract Code section 9204, any claim filed by the Consultant on a public works project shall be reviewed by the City with 45 days and a written statement will be provided to the Consultant identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, the City and the Consultant may, by mutual agreement, extend the time period or it may be extended to allow City Council approval. The Consultant shall include reasonable documentation to support the claim. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement.
SECTION 21: TERMINATION OF AGREEMENT FOR CAUSE OR CONVENIENCE If, through any cause, the Consultant shall fail to fulfill in timely and proper manner his obligations under this Agreement, or if the Consultant shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement immediately by giving written notice to the Consultant of such termination and specifying the effective date thereof. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Consultant under this Agreement shall, at the option of the City, become its property and the Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder.
In addition to termination for cause, the City may terminate this Agreement for City’s convenience upon not less than fifteen (15) days written notice to Consultant. Upon receipt of said notice, the
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Consultant shall immediately cease all work under this Agreement unless said notice provides otherwise. If this Agreement is terminated as provided in this paragraph for City’s convenience, the Consultant shall be required to provide to City all finished or unfinished documents, data, studies, services, etc., prepared by the Consultant as may be requested by City and such work shall become City’s property upon payment to Consultant for the value of the work performed, less payments of compensation previously made.
Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Consultant, and the City may withhold any payments to the Consultant for the purpose of set-off until such time as the exact amount of damages due the City from the Consultant is determined.
SECTION 22: BUSINESS LICENSE
The Consultant, including all sub-Consultants, shall obtain a business license for work within the City of La Mesa pursuant to La Mesa Municipal Code Sections 6.08.010 through 6.08.240.
No payments shall be made to any Consultant until such business license has been obtained, and all fees paid therefor, by the Consultant and all sub-Consultants. Business license applications and information may be obtained from the Finance Department, City Hall, 8130 Allison Avenue, La Mesa, CA 91942-5502, (619) 667-1118 or online at cityoflamesa.us/buslic.
SECTION 23: INTEREST OF MEMBERS OF THE CITY
No member of the governing body of the City and no other officer, employee, or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Agreement; and the Consultant shall take appropriate steps to assure compliance.
SECTION 24: INTEREST OF CONSULTANT AND EMPLOYEES; STATEMENT OF
ECONOMIC INTERESTS
The Consultant covenants that he presently has no interest and shall not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed. City may require Consultant to complete and submit a Form 700, Statement of Economic Interests, in accordance with applicable law, to City Clerk.
SECTION 25: FACILITIES AND EQUIPMENT
Consultant shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement.
35 SECTION 26: INDEPENDENT CONSULTANT
At all times during the term of this Agreement, Consultant shall be an independent Consultant and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement.
SECTION 27: PERS ELIGIBILITY INDEMNIFICATION
In the event that Consultant’s employee providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant’s employees providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation and benefit including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contributions to be paid by City for employer contributions and/or employee contributions for PERS benefits.
SECTION 28: TIME
Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Consultant's obligations pursuant to this Agreement.
SECTION 29: CONSULTANT NOT AGENT
Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
SECTION 30: NON-DISCLOSURE
The designs, plans, reports, investigations, materials and documents prepared or acquired by the Consultant pursuant to this Agreement (including any duplicate copies kept by the Consultant) shall not be shown to any other public or private person or entity, except as authorized by the City.
The Consultant shall not disclose to any other public or private person or entity any information regarding the activities of the City except as authorized by the City.
36 SECTION 31: SUBCONTRACTING
None of the services covered by the Agreement shall be subcontracted without the prior consent of the City. The Consultant shall be as fully responsible to the City for the acts and omissions of his sub-contractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. The Consultant shall insert in each subcontract appropriate provisions requiring compliance with the labor standards provisions of this Agreement.
SECTION 32: CHANGES
The City may, from time to time, request changes in the Scope of Services of the Contract to be performed hereunder. Such changes, including any increase or decrease in the amount of the Consultant's compensation, which are mutually agreed upon by and between the City and the Consultant shall be incorporated to this Contract.
SECTION 33: JOB SITE SAFETY
The general or prime Consultant who is responsible for means, methods and procedures of the project shall be responsible for job site safety.
The prime Consultant and all sub-Consultants of all tiers shall:
A. Be responsible for the safety of their respective employees as required by law.
B. Come under the jurisdiction and supervision of the general or prime Consultant’s job site safety program.
C. Exercise reasonable care to avoid risk of injury to others as required by the professional standard of care.
SECTION 34: PREVAILING WAGES FOR PUBLIC WORKS PROJECTS– IF APPLICABLE A. No professional Consultant or sub-Consultant subject to the requirements of State of California’s prevailing wages may be awarded a contract, or contracted with, for a public works project (submitted on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
B. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
37 SECTION 35: CONFLICT BETWEEN AGREEMENT AND OTHER DOCUMENTS In the event of a conflict between this Agreement and any documents incorporated by reference in this Agreement, the terms and conditions of this Agreement shall supersede those contained in any such document incorporated by reference.
SECTION 36: DATE OF AGREEMENT
The date of this Agreement shall be the date it shall have been signed by a duly authorized representative of City.
IN WITNESS WHEREOF, City and Consultant have executed the Agreement.
Name of Firm //
Date: By:
name, title
CITY OF LA MESA,
A Municipal Corporation
Date: By:
Mayor
Date: Attest:
City Clerk
Date: By:
City Manager or Department Head
Date: By:
Department Head or Project Manager
38 APPROVED AS TO FORM
CITY ATTORNEY
Attachment: Exhibit A – Scope of Work and Fee Schedule
4 | Project Approach
Project Approach
PHASE 1
Task 1: Project Management
Strong project management and collaboration will be the cornerstones of RICK’s approach and crucial to successful, timely completion of the DVSP Update. The RICK Team
recognizes that we will serve as an extension of the
City’s own staff and that the City is seeking a team that is committed to an iterative and collaborative approach.
Our Principal-in-Charge (PIC), Brooke Peterson, will be responsible for careful oversight, strategic guidance,
close coordination on key components, detailed review
of deliverables, budget and scheduling tracking, and
management of all project team members. She will
maintain close involvement throughout the project.
As Project Manager, Shannon Baer will be the key
point-of-contact and responsible for day-to-day
management of project team members, including
staff and subconsultants, and completion of all project deliverables. Using advanced management and tracking
tools, Shannon will provide detailed oversight and will be intimately involved in all project coordination and
engaged in constant communication with City staff.
Our project team also includes our most experienced
community planning principals, Brian Mooney, FAICP,
to serve as Strategic Advisor providing strategic
insight and guidance and keen QA/QC review on
key deliverables. Teresa Wilkinson, RICK Director of
Environmental Services, will provide key environmental
strategy and serve as Environmental Task Lead.
1.1 Kick-Off Meeting | Following execution of the
contract, the RICK Team will attend a kick-off meeting
with City staff to accomplish the following:
Review and discuss the overall format and
organization of the Downtown Village Specific Plan
Update and associated work products;
Understand key considerations, political dynamics,
project background, and other important context for
successfully conducting the project;
Establish roles and responsibilities for City staff
and the RICK Team in preparing the Specific Plan,
associated CEQA documentation, and public outreach
efforts; and
Determine a schedule for work products and the
review process.
Following the kickoff meeting, the RICK Team will work
with City staff to confirm the overall work program
and refine the project schedule. This will include any
refinements to the scope of work, a detailed project
schedule, final roles and responsibilities, billing
procedures, and lines of communication.
1.2 Client/Project Team Meetings | The RICK project team will schedule and attend virtual coordination and inperson meetings as needed, to discuss anticipated work, decisions and action items, activities, project issues, and deliverables to ensure progress occurs according to the established schedule and budget. In our experience, the best strategy for maintaining continuity and consistent communications is a bi-weekly meeting between the
City, and the RICK Team PIC, Brooke, and Project Manager, Shannon. This allows us to proactively address issues and will facilitate our team working as a virtual extension of City staff. Additional team members would attend and
participate, as necessary, depending on project needs.
Our scope assumes up to 20 coordination meetings, most
of which we assume will be conducted virtually. Meeting agendas and notes will be provided for each bi-weekly
meeting.
1.3 Budget and Schedule | RICK is committed to staying
within budget and on schedule. The proposed RICK
schedule carefully considers interrelatedness and
efficiencies and tasks that can be done concurrently in order to move the project forward, consistent with the
City’s priorities, as quickly as possible. We will develop a further detailed project schedule that ensures sustained staff involvement in the process, allows for meaningful public participation, allocates sufficient opportunity for information and status updates to staff and decision
makers, and provides adequate time for staff and the
project team to respond to data requests and review
products. We will maintain an up-to-date schedule
This section describes the manner and
method of services to be completed by
the RICK Team for the City’s Downtown
Village Specific Plan Update, Environmental
Assessment and Related Technical Studies
(DVSP Update). To facilitate your review of this
proposal, we have prepared a comprehensive
scope that emphasizes key components of
our approach to this project. In response
to follow-up discussions with City staff, the
following scope has been revised to divide
the tasks into two phases: Phase 1 is to cover
project tasks through the Administrative Draft
Specific Plan. Phase 2 will cover the third
community engagement effort, the remaining
Specific Plan deliverables, the Environmental
Review tasks, and the Public Hearings. RICK
will remain flexible in the requirement for any
scope amendments and we would be happy
to work with you to ensure the successful
completion of the project and a Specific Plan
Update that the City and community can be
proud of.
CITY OF LA MESA • RFP #24-06
Downtown Village Specific Plan Update, Environmental Assessment and Related Technical Studies 4 | Project Approach
1
throughout the project to ensure that staff is apprised of project status and all team members are aware of
upcoming meetings and product due dates. A current
Microsoft Project schedule as well as Deltek budget status will be available at City staff request at any time.
1.4 QA/QC Procedures | RICK is committed to delivering
the highest quality documents. The first step in
maintaining a high standard is effective workload
management. In addition, by maintaining an up-to-date
schedule, we will anticipate work tasks and deliverable due dates with sufficient time built in to prepare quality products. All documents will go through a rigorous
editing and word formatting process, meticulous PIC
review, and final QA/QC review on all key deliverables.
Task 1 Deliverables:
Kick-off meeting agenda and follow up notes
» Final work program and project schedule
» Bi-weekly meetings, including meeting agendas and
notes
» Microsoft Project (MS Project) schedule updates
» Monthly invoices
Task 2: Document Review and Analysis
2.1 Opportunities and Constraints Report | The RICK
Team recommends the preparation of an Opportunities
and Constraints Report for the DVSP Update. Based
on our experience, an Opportunities and Constraints
Report supports the Specific Plan project process
by documenting the foundational conditions and
characteristics from which improve the usability and
effectiveness of the plan. The purpose is to provide an overview of conditions and characteristics within the
Specific Plan area and document potential opportunities and constraints from an objective, expert perspective
to inform the land use, design, and implementation
recommendations of the Specific Plan. The key issues,
constraints, assets, and opportunities identified also
serve to facilitate the community discussion of the DVSP Update.
The following topics will be discussed in the
Opportunities and Constraints Report:
1)Present conditions, including key findings from the
Land Use Analysis and Parking Analysis;
2)Challenges and constraints to set the stage for
alternatives and design strategies;
3)Opportunities such as design features and programs
that would entice future development; and
4)A literature review of the documents detailed in
Section E - Background of RFP 24-06.
The Parking Analysis will be included as a technical appendix to the Report.
2.1.1 Opportunity Site Identification | As part of the
Opportunities and Constraints Report, the RICK Team
will conduct a GIS mapping analysis to identify the sites within the Specific Plan boundary that are not elligible for Senate Bill (SB) 6 or Assembly Bill (AB) 2011 using layers of site criteria. The sites not elligible for State housing law will then be assessed for their redevelopment potential; i.e., the size of the site, the existing use, the property ownership, the location, and connectivity to transit and public services. If sites meet the established criteria, they may be identified as Opportunity Sites, to be considered for modifications of land use and zoning designations
in a way that is consistent with the overall vision of the Specific Plan.
2.2 Document Review and Analysis | Following the kick-off meeting, the RICK Team will conduct a thorough review
and analysis of the documents identified in Section E - Background of RFP 24-06 and others as discussed at the
Kickoff Meeting.
The RICK Team will review in detail the current Design
Guidelines identified in the Specific Plan appendices.
This review will include the appropriate elements of
geographic setting, climate, design theme, details
and ornamentation, building orientation, architecture
and other key issues identified in the guidelines. Bulk and scale, landscape concepts along with pedestrian
orientation will also be part of the overall review.
The review and analysis of these documents will provide strategic direction to the Specific Plan process and the RICK Team will provide the City with recommendations
on how to incorporate the outcomes sought within these
documents into the Specific Plan as Objective Design
Standards.
2.3 Land Use and Design Analysis | The RICK team will
conduct a thorough and comprehensive analysis of the
current Downtown Village Specific Plan. This analysis will take a strategic approach to the existing land uses within the Specific Plan area and provide an evaluation of the current provisions related to the Opportunity Site’s design standards, and permitted and conditionally permitted land uses. Further, the RICK team will explore what land uses are suitable for the Opportunity Sites to achieve the goals of the Specific Plan Update.
Following the analysis, the RICK Team will provide
recommendations to the City on zoning regulations and
development standard amendments. The Team will also
address specific housing and residential requirements
such typology, occupancy, tenure, affordability and
parking.
The specific outcomes the City will receive from this
analysis are as follows:
Evaluation of permitted and conditionally permitted
land uses
Identification of land uses that are suitable for
modification
Recommendation of land use, zoning and
development standard amendments
Recommendations for development typologies,
occupancy, tenure, affordability and parking.
CITY OF LA MESA • RFP #24-06
Downtown Village Specific Plan Update, Environmental Assessment and Related Technical Studies 4 | Project Approach
2
La Mesa Farmers’ Market
2.4 Circulation Analysis | Led by our in-house mobility team, RICK will evaluate existing conditions to identify travel barriers and opportunities for mobility enhancements
throughout the corridor and between parcels. Currently
adopted documents will be reviewed to identify planned
transportation improvements. The baseline assessment
will cover the demand, connectivity, quality, and safety for the four core travel modes: pedestrian; bicycle; transit; and vehicular. This information will be summarized in
the Opportunities and Constraints Report, inclusive of
map figures, tables, and text descriptions to depict what travel within the corridor is like today. The key findings will help inform the identification of future mobility
recommendations to be included in the DVSP.
2.5.2 Financial Feasibility Analysis | LMA will work
with the RICK Team to develop a financial pro forma
that determines financial feasibility of various housing types in the form of housing prototypes based on
different construction types. LMA will determine the
upper levels of density that would be financially feasible and establish the economic development feasibility for
different development prototypes. The financial analysis will be used for ongoing sensitivity analyses so that the RICK Team and City staff can test different development scenarios. LMA will then turn to project feasibility, a critical component that determines what, in reality, can be built.
We discovered in the many land use studies in which
we have participated on behalf of the public sector
that simply offering the opportunity through land use
planning, zoning, etc. of various development options
will not result in actually achieving those developments.
The key is to test these goals to determine if these
developments can actually be achieved.
2.6 Parking Analysis | RICK will prepare a Downtown Parking Analysis for the DVSP Update that will evaluate the existing and future parking demand in the DVSP area. The parking analysis will also evaluate site options for a public parking structure that would serve both the Civic Center and
Downtown Village areas, as well as evaluating the financial feasibility of a public parking structure and the review of existing parking in-lieu fee program for future development.
The recommendations in the La Mesa Village Parking Garage Feasibility Study (Keyser Marston Associates, August 23, 2011) will be reviewed to inform the review of the existing parking in-lieu fee program. If determined to be feasible, the Downtown Parking Analysis will also make
recommendations to adjust the City’s current off-street parking requirements and parking in-lieu fee program.
The existing off-street and on-street parking supply will be counted in the Downtown La Mesa Village and Civic
Center areas. The precise methodology for locations and occupancy counts will be scoped and submitted for staff review following the Kickoff Meeting. The results of the parking occupancy counts will be used to calculate timeof-day peak utilization factors to determine the overall, or shared, existing peak hour parking demand within the
Civic Center and Downtown Village areas.
The future shared peak parking demand of the Civic
Center and Downtown Village areas will be calculated
based on the projected buildout of the DVSP using the
time-of-day peak utilization factors calculated from the existing parking occupancy counts. The peak future
parking demand of the individual uses (office, retail,
residential etc.) based on the City’s current off-street parking requirements will be compared to the estimated
shared peak parking demand based on the time-of-day
peak utilization factors. The difference in this comparison would provide the basis in which to update the off-street parking requirements of the Civic Center and Downtown
Village areas.
A comparison would also be made between the existing
parking supply and future shared peak parking demand
to determine how many additional parking spaces would
be needed to accommodate future development. Out
of the total additional parking spaces needed, it would be assumed that a proportion would be accommodated
with on-site parking, and the remaining amount would be accommodated in a future public parking structure and
would be subject to an parking in-lieu fee program.
Case studies of parking in-lieu fee programs in other
cities will be evaluated to determine the applicability of the program for specific uses, as well as to determine the fee structure, payment options, fee amount
adjustments, changes in use, duration of fee, percent
of required parking applied to program, payer rights
and City obligations, and the City’s use of the fees.
Recommendations will be made to adjust the City’s offstreet requirements and parking ordinance to include the parking in-lieu fee program.
Up to three (3) site options will be evaluated for a future public parking structure to serve the Civic Center and
Downtown Village areas. A financial feasibility analysis will be conducted for each of the three (3) site options, and parking structure options for 2-3 stories will be
considered depending on the number of parking spaces
that would need to be included in the parking in-lieu fee program. Based on the findings of the financial analysis and overall parking structure cost, recommendations
will be made for the amount of the parking in-lieu fee
whether as lump-sum or paid on an annual basis.
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Task 2 Deliverables:
» Opportunities and Constraints Report and
Supporting Studies (electronic copies of the
Administrative Draft and Final in MS Word and PDF)
Task 3: Public Outreach
The RICK Team understands the City’s priority goal of
the Specific Plan is to create a thriving, authentic, and pedestrian-friendly area that becomes a destination
for residents, both to live, work, shop and recreate. Our community engagement strategy strives to respond to
this goal by creating easily accessible opportunities in which all members of the community can participate.
Stakeholder Participation: The RICK Team members are true collaborators with all interests, including residents, property owners, developers and building industry professionals, the La Mesa Village Association, and other business and community groups and organizations.
Expert Facilitation: Key to conducting productive and civil community workshops is a well trained and experienced
facilitator who can build trust among all participants.
Brooke Peterson will serve as Lead Facilitator and is trained in the International Association of Public Practitioners (IAP2) techniques and core values- bringing experienced facilitation with a comprehensive range of creative,
innovative, and tested engagement strategies. We will
facilitate meetings in a way that ensures all voices are heard and will work with staff on strategies to avoid polarizing community interests.
3.1 Community Engagement Plan | The RICK Team
will prepare a Community Engagement Plan that
defines the engagement touchpoints and sequence to
provide a clear framework and guide for all community
engagement throughout the project life cycle. RICK will be deliberate and thoughtful when crafting the Community
Engagement Plan to ensure it is uniquely tailored to fit the needs and key objectives of the project and La Mesa community. With the project’s key objectives in hand,
techniques such as interviews, workshops, surveys,
and others will be identified from the menu provided
below to collect the information or input needed from
the community. The Community Engagement Plan will
include:
Stakeholder Analysis
Objectives for each public engagement event
Project Website and Contact Information
Public Engagement Event Descriptions
Project Timeline
The RICK Team recommends conducting an engagement
program that provides some in-person touchpoints
mixed with virtual activities that maximizes the mix of engagement strategies and opportunities for input to
broaden the level of participation. Online engagement is valuable in engaging people who don’t usually participate and the RICK team has extensive experience in utilizing this for public outreach, supplemented with in-person
events. We also recognize the importance of seeking input from key City staff and City Boards and Commissions such as the Arts and Culture Commission, Community Parking
Commission, Design Review Board, Historic Preservation
Commission, Mobility Commission, and others that are
responsible for effective implementation of the DVSP.
The RICK Team will capitalize on all available forms of techniques and technology in order to reach and engage
as many community members and stakeholders as
possible. Below is a menu of technique options for the City to consider in developing the Community Engagement
program:
In-Person workshops
Stakeholder interviews
Design charette
Pop-up events/presentations (churches, La Mesa
Farmers’ Market, baseball fields, etc.)
Interactive website activities
Drop-In Office Hours
Digital/Hard Copy Surveys
This scope does not assume that the Project Fact Sheet, workshop fliers and limited other materials will be
translated in Spanish.
3.2 Project Fact Sheet | In an effort to notify the
community and stakeholders of the DVSP Update project
process, the RICK Team will prepare a Project Fact Sheet that provides information on the project purpose,
goals, process, schedule, and community engagement
opportunities. With the understanding that the Project
Fact Sheet will be used as a quick reference guide, we
anticipate the informational document to be a concise
two-page document (one double-sided page) that will be
visually engaging and easily interpreted with
infographics and succinct language.
Example of a Pop-Up Event in a heavily-trafficked space CITY OF LA MESA • RFP #24-06
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3.4 Workshop 1: Opportunities, Constraints and Visioning This first workshop will present the Opportunities and
Constraints Report, obtain additional input on the DVSP’s opportunities and constraints, and lead a visioning session for use in crafting an updated Downtown Village Specific Plan Vision. This effort will also include digital and hard copy surveys to solicit feedback on additional opportunities and constraints, Downtown Village Specific Plan Vision, and general public comment on the project process and/or
questions.
Community engagement for the Northside Specific Plan
3.5 Workshop 2: Land Use & Design Alternatives | The
second workshop will be held to present the land use
alternatives and solicit feedback on desired urban design features, such as architectural styles and enhancement of outdoor areas. This workshop will be structured to fulfill key objectives, including, but not limited to:
Present the Land Use & Design Alternatives formulated in Task 4.1;
Obtain detailed input on what the Land Use & Design
Alternatives are missing, and what the community likes
and dislikes about the Land Use & Design Alternatives;
Present a Visual Preference Survey to obtain specific feedback on community desires for urban design
features; and
Lead a constructive discussion that will inform the next phase of the planning process.
Following the workshop, digital copy surveys will be used to solicit feedback on community desires for urban design features up until three (3) weeks after the Workshop or as alternatively agreed upon.
Tasks 3 Deliverables:
» Community Engagement Plan (Administrative &
Final Draft)
» Project Fact Sheet (Administrative & Final Draft)
» Website setup and maintenance for the project
duration
» Logistics Plan (2) (Administrative Draft & Final Draft) » PowerPoint Presentations (2) (Administrative Draft
& Final Draft)
» Workshop Materials (as applicable, digital copies
of: fliers, exhibits, presentations, graphics –
Administrative Draft and Final Draft for each
workshop)
» Digital Survey and Hard Copy Survey
(Administrative Draft and Final Draft)
Task 4: Downtown Village Specific Plan
There are a number of components in the specific
planning process that serve as the building blocks for the Downtown Village Specific Plan. The Land Use Alternatives and associated development standards, selection of
the Preferred Alternative, and Design Standards and
Guidelines form the core structure around which the
Specific Plan will be developed.
4.1 Land Use & Design Alternatives | During this phase, the RICK Team will create up to three alternative scenarios for the DVSP area that will provide a range of options
to respond to the issues identified and vision created in preceding tasks. Through the exercise of a design charette that brings together City staff and key stakeholders,
we will prepare a series of three draft alternatives and corresponding streetscape, circulation, and transit
recommendations that incorporate and build from: the
information, strategies and recommendations identified in reviews of existing plans and programs; incorporation of the opportunities and constraints analysis; and feedback and direction from City staff. The alternatives will also respond to the community input received in the prior
project tasks.
Each alternative will have a defined theme that describes its emphasis in relation to the project objectives (such as housing, employment, etc.) and metrics that will provide a framework for comparison across each of the alternatives.
Buildout metrics can include topics such as: population buildout, number of employees, energy use, water use,
walk accessibility, emissions, and household costs; all of which are important considerations for future developers and property owners.
As a full-service firm, RICK Planning + Design Division will employ our in-house technical civil, water resources and mobility engineers to “ground truth” the land use
alternatives before presenting the options to the public.
Upon confirmation of the RICK Team’s technical review,
the alternatives will be compiled into easy-to-understand diagram graphics for the Workshop No. 2 presentation.
4.2 Preferred Land Use & Design Plan (Preferred Alternative or Preferred Plan) | Based on input received from City
staff and the community, the RICK Team will develop a
Preferred Plan, which will serve as the basis for preparation of the Downtown Village Specific Plan. The Preferred
Plan will outline the intended density and intensity
development program and buildout metrics. We will
present the preferred land use alternative in an easyto-understand diagram graphic that will be presented at Workshop No 3. The preferred alternative will also be documented to supplement the public engagement
process with background information.
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The Lookout at the entrance to the La Mesa Farmers’ Market
4.3 Administrative Draft Downtown Village Specific
Plan | The RICK Team recognizes the significance of a
well-written, easily interpreted, and visually-appealing document. The Specific Plan document will be
designed with the audience in mind (the general public, developers, City staff, other public agencies, etc.). Of most importance is the Specific Plan’s ability to reduce barriers to implementation, eliminate redundancy, and
improve usability, clarity, and streamlining of predictable discretionary permitting processes. In addition to a userfriendly plan and streamlined development process, the City emphasized the importance of retaining community
character which may be an overraching theme within the
Specific Plan.
The Administrative Draft Specific Plan will tell the story of Downtown La Mesa – its history, vision for the future, and regulatory policies and actions to be fulfilled. The Draft Specific Plan will integrate compelling graphics
to convey the vision for how the community will evolve
and develop over time and specific design intent for the Design Standards and Guidelines. Graphics will include a detailed and comprehensive illustrative urban design plan, including 3-D massing and scale, to clearly communicate the design intent of the Specific Plan.
Further, the Administrative Draft Specific Plan will address future development of the Civic Center, including a
parking structure. The final document outline will be
developed in coordination with City staff; chapters
may include, but are not limited to: Introduction,
Vision, Regulatory Framework, Land Use and Housing,
Design Standards and Guidelines, Mobility, Parks and
Public Realm, Infrastructure and Public Services, and
Implementation.
Outdoor Uses. The RICK team will prepare amendments
for outdoor use focused on businesses wishing to better utilize their private outdoor space. These amendments
shall offer streamlined permitting processes for those
businesses wishing to active street frontages and provide a sense of place to the public. In consideration of these recommendations, RICK will maintain uniform aesthetic
in line with proposed Design Standards, adhere to ADA
regulations and ensure robust public safety standards.
Objective Design Standards. Led by Diego Velasco of
Citythinkers, the RICK Team will prepare objective design standards that prioritize streamlined processing, quality of development, a walkable and livable community
environment, and flexibility to adapt to market conditions.
Drawing upon RICK’s experience including recently
approved Escondido East Valley Specific Plan and
Downtown Taft Specific Plan both of which included
comprehensive objective design standard and building
from the review of existing development standards and
guidelines conducted in Task 2, the RICK Team will then craft objective design standards that:
Allow designers and developers the ability to achieve the Specific Plan vision with limited ambiguity;
Provide direction for the public realm, including
streetscapes, street trees, lighting, and public
furnishings such as seating and trash receptacles;
Provide direction for the private realm, including
massing, architecture, building height, building
articulation, color, scale, signage and gateways, car and bicycle parking and storage, and landscape; and
Be easily administered by City staff without a steep
learning curve.
This task also includes up to four (4) site-specific site design and visualizations/renderings including a 3D
model of the new downtown land use plan as it relates
to changes in architecture, height, and scale. The exact visualizations/renderings will be decided upon further
discussion with the City and project team. Additionally, this task includes one meeting with the City’s Design
Review Board.
Streetscape, Circulation and Transit Recommendations.
Based on the detailed review of the Design Guidelines
and Specific Plan streetscape concepts, our Landscape
Architecture and Urban Design team will prepare update
design concepts for the previous streets identified in the Specific Plan where appropriate.
In addition, based on the findings from the Circulation Analysis for opportunities for mobility enhancements
conducted as part of Task 2.4 and the Bicycle Facilities and Alternative Transportation Plan, as well as community and stakeholder input received to-date, RICK mobility planners will identify mobility recommendations for the Specific Plan. Our landscape architects and transportation planners will work closely together to ensure all streetscape concepts work with mobility designs.
Existing sculpture in Downtown Village
Signage and Wayfinding. The RICK Team will utilize
extensive expertise and project experience with our
in-house landscape architects and graphics specialists in conjunction with Citythinkers to develop a unique branding for the Downtown Village area. This branding will take into CITY OF LA MESA • RFP #24-06
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account the history, character and future desires for the downtown area and will be used to distinguish the Specific Plan area from other areas of the city. This branding will be used both within the revised Specific Plan in addition to public realm projects such as gateways, wayfinding
and street signage, business identification signage, and outreach event by business associations signage such as the La Mesa Village Association and Chamber of Commerce when referring to the Specific Plan area.
Implementation. As a critical part of the Specific Plan implementation, the RICK Team will identify strategies
to streamline CEQA review processes for future
developments, including the Civic Center Campus, in
ways that are consistent with the goals and policies of the Specific Plan. In particular, the RICK Team will outline the following as part of the Specific Plan:
1)Potential funding sources for the implementation of the Specific Plan components, including grants and related
programs at the local, state, and federal levels.
2)Potential policy changes that the City may wish to make, in order to implement the vision for development and/
or redevelopment in the Specific Plan area.
3)Potential public improvements that would help to
support the implementation of the Specific Plan.
These improvements could include items such as
streetscape improvements, park or civic gathering space improvements, or infrastructure improvements to serve
development.
The RICK Team will outline the key responsible parties
involved for the implementation of various components
of the Specific Plan as well as the anticipated time frames (short-term, mid-term, or long-term), and sources of
funding for each implementation item. Furthermore, the
RICK Team will explore various programs and funding
streams for integrating in the Specific Plan, such as
the Business Façade Improvement Loan Program,
which would help provide funding for upgrades to the
appearance and marketability of commercial properties
in the area. Other jurisdictions in the State have used this type of program, which is funded by the State of
California’s Community Development Block Grant program
to fund façade improvements.
The RICK Team will explore funding streams from
the California Infrastructure Economic Development
Bank (IBank) to fund public infrastructure and private
development, including enhancements such as
streetscape projects, park or plaza improvements, or
other infrastructure projects. IBank’s programs include a revolving fund program, a bond financing program, and a small business finance center.
Additionally, the RICK Team will examine how California’s Statewide Community Infrastructure Program (SCIP) can
help stimulate economic development in the Downtown
Village Specific Plan area. This program allows property owners to obtain financial assistance for non-residential development impact fees associated with infrastructure.
Visual simulation prepared by Citythinkers of a transit-oriented plaza supported by mixed-use residential CITY OF LA MESA • RFP #24-06
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PHASE 2
3.6 Workshop 3: Preferred Land Use Alternative and
Design Standards | The third community engagement
effort will focus on the Specific Plan Design Standards and Guidelines. The third workshop may be replaced with a stakeholder roundtable meeting for a more focused
discussion with community leaders. This effort will be
structured to fulfill key objectives, including, but not limited to:
Present the Specific Plan and Design Standards as part of Task 4.3;
Obtain detailed input on the Design Standards and
Guidelines, including their positive and negative
attributes;
Discuss Standards that are missing; and
Lead a constructive discussion that will inform the
Public Review Draft Specific Plan.
Tasks 3 Deliverables:
» Workshop Summaries (3) (Administrative & Final
Draft)
4.3.1 Screencheck Draft Specific Plan | The Screencheck Draft Specific Plan will address City comments on the
Administrative Draft Specific Plan and resubmitted to the City for the next round of staff review.
4.3.2 Public Review Draft Specific Plan | The Public
Review Draft Specific Plan will address City comments
on the Screencheck Draft Specific Plan and finalized to be released for public review.
4.4 Final Downtown Village Specific Plan | The Draft Final Specific Plan will be developed upon the conclusion
of Workshop No. 3 and final direction from City staff
for consideration, recommendation, and adoption
by decisionmakers. The Draft Final Specific Plan
will be presented to the Planning Commission for
consideration and recommendation and to City Council
for consideration and adoption. The Final Specific Plan will be developed upon final direction from the Planning Commission and City Council at the adoption hearings.
Task 4 Deliverables:
» Up to three (3) Land Use Alternatives and Metrics
(Administrative Draft & Final Draft)
» Outdoor Use Amendment Recommendations
» Downtown Branding Recommendations
» Illustrative Urban Design Plan
» One (1) meeting with Design Review Board
» One (1) design charette up to two (2) days in length
» Draft La Mesa Downtown Village Specific Plan
(electronic copies of the Administrative Draft,
Screencheck Draft, and Public Review Draft in MS
Word and PDF)
» Final La Mesa Downtown Village Specific Plan
(electronic copies in MS Word and PDF)
Task 5: Environmental Review
Led by Teresa Wilkinson, the RICK Environmental Team
will prepare an Initial Study based on Appendix G of the California Environmental Quality Act (CEQA) Guidelines
for the proposed Downtown La Mesa Specific Plan
Update. The Initial Study/Mitigated Negative Declaration (IS/MND) will be prepared in accordance with the
California Environmental Quality Act (CEQA) to provide
a programmatic-level review of potential environmental
impacts associated with the proposed La Mesa Downtown
Specific Plan. The Specific Plan envisions an activated mixed-use corridor with increased housing opportunities.
The overall goal for the IS/MND is to provide clear
and concise analysis and conclusions regarding the
environmental impacts of the project to facilitate
implementation of accelerated quality redevelopment
within downtown La Mesa.
The State CEQA Guidelines present several “Special
Situations” that include unique requirements for
environmental evaluation. Section 15183 discusses
“Projects Consistent with a Community Plan, General
Plan, or Zoning”. Subsection (a) states, “CEQA mandates that projects which are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified shall not require additional environmental review, except as
might be necessary to examine whether there are projectspecific significant effects which are peculiar to the project or its site. This streamlines the review of such projects and reduces the need to prepare repetitive environmental
studies.”
The proposed La Mesa Downtown Specific Plan would
enable proposed future projects to consider the impact
analysis in the IS/MND when evaluating their potential
environmental impacts. Where sufficiently addressed,
future development may be considered “within the scope” of the environmental analysis. As a programmatic-level
document, however, the CEQA analysis is not anticipated to provide sufficient detail to fully address the projectspecific impacts of all future development. It is anticipated that in many cases additional environmental technical
studies or CEQA documentation may be needed for future
projects once sufficient details are known. In such cases, the necessary environmental studies and documentation
may be conducted at the time of proposal. Current
legislation for infill development achieve this,would also allow for expedited CEQA review of housing development.
5.1 Technical Studies | The IS analysis will be prepared with the use of project- specific technical studies. We propose preparing technical analysis to support the
Transportation/Traffic, Air Quality/GHG and Noise Sections of the EIR. We will also conduct a cultural resources
database search if needed to supplement the City’s
existing historical resources inventory list.
5.2 Administrative/Screencheck Draft IS/MND and
MMRP | RICK will use the City’s standard format to
prepare an IS to evaluate all resource areas in Appendix G of the CEQA Guidelines and complete the CEQA
environmental checklist. RICK will prepare an RICK
will prepare an Administrative IS/MND, including the
Mitigation Monitoring and Reporting Program (MMRP)
and applicable appendices, to address all the required
environmental topics and analyses in full compliance with CEQA (PRC Section 21000 et seq.), the CEQA Guidelines
(CCR Section 15000 et seq.), and City Guidelines for
Compliance with CEQA. Information for this analysis
will be gathered from various sources typically used in CEQA analysis such as the City’s General Plan EIR and
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Climate Action Plan EIR. The Draft EIR will comply with the CEQA Guidelines. To facilitate a streamlined and efficient analysis, we propose to incorporate all analysis into the body of the IS/MND, with appendices as needed to convey technical information, such as noise and air/greenhouse gas (GHG) modeling outputs included as appendices.
The IS/MND will include the following resource areas:
aesthetics and visual quality, air quality, biological
resources, cultural resources, energy, geology and soils, greenhouse gases, hazardous materials, hydrology and
water quality, land use, noise, population and housing, public services and recreation, transportation, tribal
cultural resources, and utilities and services systems. Other required sections of CEQA will be addressed including
cumulative impacts and project alternatives.
The analysis for each topic will include (1) Existing
Conditions, a description of the existing conditions
of the site specific to the resource topic, upon which
potential environmental changes or impacts can
be based. The impact analysis will be based on the
established signifcance thresholds. The IS/MND will list the mitigation measures that could reduce the severity
of impacts identified in the Impacts subsection. The
mitigation measures will be designed to streamline future development project environmental review under CEQA
by creating performance standard mitigation measures.
RICK will address all comments received from City staff on the Administrative Draft IS/MND and prepare the
Screencheck Draft IS/MND, including the MMRP and
appendices, for City staff review. The Screencheck Draft IS/ MND will be submitted in PDF and Word format.
RICK will also prepare and submit a Draft MMRP for City staff review. The MMRP will be in tabular form acceptable to City staff containing, at a minimum, information
required by CEQA Guidelines, Section 15097. Preparation of the final version of the MMRP will be deferred until preparation of the Final IS/MND.
Music event at the La Mesa Classic Car Show
5.4 Public Review Draft IS/MND | Once City staff has
completed their review and determined that the Draft
IS/MND is ready to be released to the public, RICK will finalize the Public Review Draft IS/MND, MMRP, and
appendices and prepare the required hard copies and
electronic copies, include a web-ready electronic version.
RICK will be responsible for preparation, distribution, and filing of all public notices associated with the Draft IS/ MND as well as distribution of the Draft IS/MND for a
4530-day public review period.
5.5 Response to Comments | After the 30-day public
review period, RICK will review all written comments,
organize the comments, and prepare a summary for
review by the City staff. RICK will budget for responses to up to 100 individual comments and two full days of
working sessions with City staff to review and discuss the Responses to Comments. The Response to Comments and
any changes made to the Public Review Draft IS/MND in
response to the comments will be submitted to City staff for review in PDF and Word format.
5.6 Final EIR IS/MND | Following the completion of
the Response to Comments, RICK will incorporate all
additional analysis and/or IS/MND revisions into the
Screencheck Final IS/MND. The Screencheck Final IS/
MND will be prepared in strikeout/underline format to
the Public Review Draft IS/MND to highlight changes
in the document, along with an Errata chapter, and the
Responses to Comments.
RICK will then prepare the Final IS/MND, including
Responses to Comments, revisions to the Draft IS/MND,
Final MMRP, and any new appendices for the Planning
Commission and City Council based on comments
received from City staff. The Final IS/MND will be
integrated into the Draft IS/MND, prepared in strikeout/ underline format, and will not be a separate document
accompanying the Draft IS/MND. Final PDFs will be webready for public review including Responses to Comments, revised text, figures, and any new appendices.
Task 5 Deliverables:
» Administrative Draft and Final Initial Study and Air
Quality/GHG/Noise/Traffic Technical Studies
» Draft Program IS/MND (electronic copies of the
Administrative Draft and Screencheck Draft in MS
Word and PDF)
» Public Review Draft IS/MND, Draft MMRP, and
Appendices (electronic copies in MS Word and PDF)
» Three hard copies of the Draft IS/MND, Draft MMRP,
and Appendices (electronic copies in MS Word and
PDF)
» Two USB flash-drive copies of all reference
documents
» Draft Responses to Comments (electronic copies in
MS Word and PDF)
» Final IS/MND, MMRP, and appendices in PDF and MS
Word
» Two hard copies of the Final PEIR, Responses to
Comments, MMRP, and appendices
» Two USB flash-drive copies of all reference
documents
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Task 6: Public Hearings
The RICK Team will collaborate and support City staff
throughout the public hearing process. Key RICK Team
members, including Brooke Peterson, Shannon Baer,
and Teresa Wilkinson, will attend public hearings and
participate in staff presentations. We will prepare
components of the presentation, attend two (2) City staff preparation meetings, one (1) Planning Commission
hearing, and one (1) City Council hearing. This scope and fee assumes City staff will prepare staff reports for these public hearings.
Task 6 Deliverables:
» PowerPoint Presentation (portions of)
» Attendance at two (2) staff meetings/practice
presentations
» Attendance and ability to answer questions at one
(1) Planning Commission and one (1) City Council
hearing
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DATE: February 13, 2024
TO: Mayor and Members of the City Council
FROM: Councilmember Patricia Dillard and Councilmember Jack Shu SUBJECT: CONSIDERATION OF DIRECTING STAFF TO DRAFT AN ORDINANCE
OR ORDINANCES LIMITING THE USE OF SINGLE USE PLASTICS
AND OTHER PRODUCTS WHICH ARE MAJOR CONTRIBUTORS TO
TRASH AND POLLUTION
We are requesting the Council direct staff to draft an ordinance(s) which will limit the use of single use plastics and other products which are major contributors to trash and pollution. Proposed ordinances, unless noted, will become effective one year after adoption to include: 1) A ban on all use of single use plastic bags and containers from all grocery stores, retail establishments and restaurants. 2) Prohibition on the use of polystyrene foam as a packing material such as “peanuts” and as containers for any drink and food service ware, cooked and uncooked foods including such items as food trays and egg cartons. 3) Require all food services only provide eating utensils including straws and stirrers upon request and must be made of compostable materials. 4) Ban the intentional release into the sky of all lighter-than-air balloons.
DATE: February 13, 2024
TO: Mayor and Members of the City Council
FROM: Councilmember Patricia Dillard and Councilmember Jack Shu SUBJECT: CONSIDERATION OF DIRECTING STAFF TO DRAFT A CITY POLICY
PROHIBITING SPONSORED EVENTS FROM PROVIDING, USING, OR
ALLOWING THE SALE OF PLASTIC BOTTLED WATER
We are requesting the Council direct staff to draft a City policy prohibiting sponsored events from providing, using or allowing the of sale of plastic bottled water. Exceptions may be made in special circumstances by the City Manager.