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HomeMy WebLinkAboutReso 1987-13278 RESOLUTION NO. 13278 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND REGIONAL ENVIRONMENTAL CONSULTANTS (RECON) TO PREPARE A BIOLOGICAL ANALYSIS FOR THE WIDENING OF OTAY LAKES ROAD ADJACENT TO THE NAVY HOUSING PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and REGIONAL ENVIRONMENTAL CONSULTANTS (RECON) to prepare a biological analysis for the widening of Otay Lakes Road adjacent to the Navy Housing Project dated the 13th day of October , 1987, a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by J hn P. Thom~ J Harron~City of · P orks/City Engineer Attorney 0374a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ~,,,dLA VISTA, CALIFORNIA, this 13th dOy of October 19 87 by the following vote, to--wit: AYES: Councilmembers Malcolm, McCandliss, Cox, Moore, Nader NAYES: Counci 1 members None ABSTAIN: Councilmembers None ABSENT: Counc i 1 members None ~~~~"'~Chula Vista ATTEST ~ ,:,_ City Clerk ' 'E OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY thor the obove ond foregoing is 0 full, true ond correct copy of RESOLUTION N0. 13278 ,ond thor the some has not been omendad or repealed DATED ....  CityClerk cm, OF CHULA VISI'A CC-660 AGREEMENT FOR BIOLOGICAL ANALYSIS BETWEEN THE CITY OF CHULA VISTA AN~ REGIONAL ENVIRONMENTAL CONSULTANTS THIS AGREEMENT is made and entered into this 13th day of October , 'l 987, by and between the CITY OF CHUL~'VI~STA, CALIFORNIA, a public corporation, hereinafter referred to as "City" and REGIONAL ENVIRONMENTAL CONSULTANTS (RECON), a California Corporation, hereinafter referred to as "Consul tant." RECITALS A. WHEREAS, the City requires the services of a Biological Consultant to render certain technical and professional services in connection with the widening of Otay Lakes Road adjacent to the Navy Housing Project. B. WHEREAS, the City requires the services of the Consultant to accomplish the above task and the City desires to contract with Consultant for such services. C. WHEREAS, the Consultant represents that it is qualified, it has personnel and facilities available necessary to accomplish the work within the required time, and Consultant desires to undertake the same. NOW, THEREFORE, in consideration of the recitals and mutual obligations of the duties as herein expressed, City and Consultant agree as follows: SECTION 1 Scope of Services Engineer agrees to provide and be responsible for completion of the following tasks and shall provide ten copies of the final report to the City: 1. Conduct field studies to perform a wetland delineation according to the "Routine determination-onsite inspection required" described in Section D of the Corps of Engineers Wetlands Delineation Manual (Technical Report Y-87-1), including vegetation sample transects and soil pits as required. 2. Prepare maps at ~ scale showing wetl and boundary pl us reduced 8-1/2" xll" maps. 3. Gather hydrologic data, National Wetland Inventory products, USDA soil survey, and previous survey results to support wetland determination. 4. Conduct a survey for federal listed and candidate species (for zoology; botany included in task l) as part of the field studies. 5. Prepare a biological resources report suitable for inclusion in an environmental impact report (EIR) containing a description of existing conditions, an impact analysis, and mitigation measures, including identification of possible mitigation sites, if required. The biological report and analysis will be prepared in accordance with the requirements of the California Department of Transportation (CalTrans). 6. Attend one City Council presentation to provide technical information concerning the results of the study. SECTION 2 Authorization, Progress and Completion Upon execution of this agreement by both parties hereto, Consultant is authorized and directed to proceed with the preparation and completion of investigation, engineering analysis and reports as provided in Section 1 of the Agreement. Consultant shall proceed with the work immediately, prosecute the work diligently to completion in accordance with the following schedule: Prepare and complete the above task within a maximum of six weeks from date of execution IAppendix A). - It is mutually understood by Consultant and City that final reports will be completed within the time listed above subject to timely review by the affected governmental agencies. SECTION 3 Compensation The Consultant shall perform the engineering and related services as set forth in Section 1 for a lump sum fee not to exceed a total of $4,301 calculated in accordance with the fee schedule in Appendix A. The Consultant will submit an invoice to the City upon completion and acceptance of the final report. Invoices will show hours and charges for each fee schedule classification pursuant to the fee schedule (Appendix B). Payment is due upon presentation of invoice and is past due thirty (30) days from invoice date. SECTION 4 Services by City City further agrees to furnish to the Consultant, in a timely manner, such maps, records and other documents and proceedings, or certified copies thereof, as are available and may be reasonable required by the Consultant in the performance of these services, including but not limited to 200 scale topographic base maps. -2- SECTION 5 Conflict of Interest The Consultant presently has and shall acquire no interest whatsoever in Telegraph Canyon Road and Otay Lakes Road, the subject matter of this Agreement, direct or indirect, which would constitute a conflict of interest or give the appea?ance of such conflict. No person having any such conflict of interest shall be employed or retained by the Consultant under this Agreement. SECTION 6 Termination of Agreement for Cause If, through any cause, the Consultant shall fail to fulfill in a timely and proper manner his obligations under this Agreement, or if the Consultant shall violate any of the covenants, agreements, or stipulations of the Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawing, maps, reports, and other materials prepared by the Consultant shall, at the option of City, become the property of City and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of notice of termination, not to exceed the amounts payable under Section 3, hereinabove. SECTION 7 Termination for Convenience of City City may terminate this Agreement at any time and for any reason by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least thirty {30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described in Section 6, hereinabove, shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth in Section 3, hereinabove, in the event of such termination. -3- SECTION 8 Assignability The Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City; provided, however, that claims for money due or to become due to the Consultant from City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of such assignment or transfer shall be furnished promptly to City. Any assignment requiring approval may not be further assigned without City approval. SECTION 9 Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials or properties produced under this Agreement shall be the sole and exclusive property of the City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights, or patent right by the Consultant in the United States or in any country without the express written consent of the City. City shall have unrestricted authority to publish, disclose (as may be limited by the provisions of the Public Records Act), distribute and otherwise, use, copyright or patent in whole or in part, any such re~orts, studies, data, statistics, forms or other materials or properties produced under this Agreement. SECTION 10 Independent Contractor City is interested only in the results obtained, and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services requi red under the Agreement. City maintains the right only to reject or accept Consultant's final work product as is completed. Consultant and any of Consultant's employees, or representatives are, for all purposes under this Agreement, an independent contractor, and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave, or other leave benefits. -4- SECTION ll Changes City may from time to time require changes in the scope of the services by the Consultant to be performed under this Agreement. Such changes, including any increase or decrease in the amount of Consultant's compensation, which are mutually agreed upon by City and Consultant shall be effective as amendments to this agreement only when in writing. SECTION 12 Indemnity Consultant agrees to indemnity and save City and its agents and employees harmless from any and liability, claims, damages or injuries to any person, including injury to Consultant's employees and all claims which arise from or are connected with the negligent performance of or failure to perform the work or other obligations of this agreement, or are caused or claimed to be caused by the negligent acts of Consultant, his agents or employees, and all expenses of investigating and defending against same; provided, however that this indemnification and hold harmless shall not include any claim arising from the sole negligence or willful misconduct of the City, its agents or employees. SECTION 13 Standard of Care Service performed by the Consultant under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. The Consultant will be reporting the findings actually observed and will not render a professional opinion concerning site conditions other than those actually observed. SECTION 14 Insurance The Consultant represents and warrants that it and its agents, staff and consultants employed by it is and are protected by worker's compensation insurance and that Consultant has such coverage under public liability and property damage insurance policies which the Consultant deems adequate. In addition, the Consultant will provide the following certificates of insurance to the City which: Evidence of Statutory Workers' Compensation coverage plus $1 million Employers Liability coverage. -5- Evidence in the form of a Certificate of Insurance and Policy Endorsement, or General and Automobile Liability coverage to $1 m~'TFlion combined single limits which n~mes the City of Chula Vista as insured. additional Evidence in the form of a Certificate of Insurance of Policy Endorsement, Errors and Omissions insurance in the amount of $500,000 which names the City of Chula Vista as additional insured, unless Errors and Omissions coverage is included in General Liability. All insurance carriers shall comply with the items listed below: 1. Listing by the State Insurance Commission as a company authorized to transact the business of insurance in the State of California. 2. A Best's Rating of "A", Class V, or better. 3. Where a company is not included in Best's, it must show by convincing evidence that its financial responsibility is equal or better than the rating set forth in No. 2. SECTION 15 Disputes In the event that a dispute should arise relating to the performance of the services to be provided under this Agreement, payment shall be as later determined by arbitration, if the City and the Consultant agree thereto, or as fixed in a court of law. Should that dispute result in litigation, it is agreed that the prevailing party shall be enti tl ed to recover all reasonable costs incurred in the defense of the claim, including court costs and attorney's fees. IN WITNESS WHEREOF, City and Regional Environmental Consultants, have executed this Agreement on this 13th day of October , 1987. REGIONAL ENVIRONMENTAL CITY OF CHULA VISTA CONSULTANTS Public works/city Engineer I hereby approv and legality of the foregoing Agreement this day of WPC 3212E -6- 1276 Morena Boulevard. San Diego, CA 92110-3815 (619) 275-3732 September 17, 1987 Ms. Eugen~a Franco Associate Engineer Office of the Director of Public Works City of Chula Vista 276 Fourth Avenue Chula Vista, CA 92010 Reference: Scope of Work for Biological Studies for Telegraph Canyon Road (RECON Number 87-175) Dear Ms, Franco: Regional Environmental Consultants (RECON) is pleased to submit the enclosed scope of work for the completion of a biological study for the effects of widening Otay Lakes Road east of Telegraph Canyon Road, in the City of Chula Vista. RECON proposes to complete the analysis for a cost of $4,301.00. The study will require a total of six weeks to complete. The goal of the biological study is to determine potential impacts and appropri- ate mitigation measures resulting from the widening of Otay Lakes Road as it i affects Telegraph Canyon Creek. The basic approach shall be an application of the methods described in the current version of the U.S. Army Corps of Engineers (USACE) wetland delineation manual and will conform to the requirements of Caltrans. The project manager for this study will be Mr. Patterson, plant ecologist, primarily because the major concern is the project's effect on wetlands. He will be responsible for general habitat evaluation and for formulating the recommendations made for habitat preservation or other biological mitigation measures. I have tried to prepare the enclosed materials in accordance with the example agreement you provided. If I can provide additional information, please call. Sincerely President CSB: st Enclosure ~COPE OF SERVICES ~. Conduct field studies to perform a wetland delineation according to the "Routine determination-onsite inspection required" described in Section D of the Corps of Engineers Wetlands Delineation Manual (Technical Report Y-87-1), including vege- tation sample transects and soil pits as required. 2. Prepare maps at 100 scale showing wetland boundary plus reduced 8 1/2 x 11 maps (City to supply 100-scale topographic base maps).~ 3. Gather hydrologic data, National Wetland Inventory products, USDA soil survey, and previous survey results to support wetland determination. 4. As part of the field studies, conduct a survey for federal listed and candidate species (for zoology; botany included in item 1 above). 5. Prepare a biological resources report suitable for inclusion in an environmental impact report (EIR) containing a description of existing conditions, an impact analysis, and mitigation measures, including identification of possible mitigation sites, if recluiredo The biological report and analysis will be prepared in accor- dance with the requirements of the California Department of Transportation (Caltrans). 6. Provide 10 copies of maps and 10 copies of the report along with a reproducible master of the maps and report. Attend one City Council presentation to provide information concerning the results of the study. COST Regional Environmental Consultants (RECON) proposes to complete this project for a cost of $4,301.00. This cost is summarized in Table I. Payment is due upon presentation of an invoice, and is past due thirty (30) days from the date of the invoice. The City agrees to pay a service charge on any past-due balance of 1.5 percent per month to cover additional handling and carrying costs. Any attorney's fees or other cost incurred in collecting any delinquent account will be paid by the City. HOURS PROJECT REPORT TASK HANAGER GRAPHICS PRODUCTION TOTAL Collect background information 8 0 0 8 Conduct field studies 22 0 0 22 Prepare 100 scale maps 16 16 0 32 Prepare report 16 0 12 28 Total estimated hours 62 16 12 90 COST PROJECT REPORT TASK MANAGER GRAPHICS PRODUCTION TOTAL ColleCt background information 416 O 0 416 Conduct field studies 1144 0 0 1144 Prepare 100 scale maps 832 480 0 1312 Prepare report 832 0 372 1204 TOTAL ESTIMATED LABOR COSTS 3224 480 372 4076 EXPENSES Printing 75 Mileage 50 Maps 100 TOTAL EXPENSES 225 TOTAL ESTIMATED COSTS 4301 TABLE 1, BIOLOGICAL STUDY HOUR AND COST SUMMARY REC~N ~ ~ 87-175 8/87