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HomeMy WebLinkAboutReso 1987-13277 RESOLUTION NO. 13277 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MESTRE-GREVE ASSOCIATES FOR PREPARATION OF AIR QUALITY AND NOISE 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 MESTRE-GREVE ASSOCIATES for preparation of air quality and noise analysis for the widening of Otay Lakes Road adjacent to the Navy Housing Project dated the 13~h 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 n . ' ' D' of Thomas J. Ha ity 0374a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF u..dLA VISTA. CALIFORNIA. this l~th day Of October 19 B7 , by the following vote, to-wit: AYES: Councilmembers Malcolm. McCandliss. Cox. Moore. Nader NAYES: Councilmembers None ABSTAIN: C0und ]members None ABSENT: Cound]members None  ~Zl~~Vista ATTEST c '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 that the above and foregoing is a full, true and correct copy of RESOLUTION N0. 13277 ,ond that the same has not been amended or repeoled DATED  City Clerk CIIY OF CHULA VISTA CC-660 AGREEMENT FOR ACOUSTICAL AND AIR ENGINEERING SERVICES BETWEEN THE CITY OF CHULA VISTA AND MESTRE GREVE ASSOCIATES THIS AGREEMENT is made and entered into this 13th day of October , i987, by and between the CITY OF CHULA VISTA, CALIFORNIA, a public corporation, hereinafter referred to as "City" and MESTRE GREVE ASSOCIATES, a California Corporation, hereinafter referred to as "Engineer." RECITALS A. WHEREAS, the City requires the services of an Acoustical and Air Quality Engineer to render certain technical and professionally 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 Engineer to accomplish the above task and the City desires to contract with Engineer for such services. C. WHEREAS, the Engineer represents that it is qualified, it has personnel and facilities available necessary to accomplish the work within the required time, and Engineer desires to undertake the same. NOW, THEREFORE, in consideration of the recitals and mutual obligations of the duties as herein expressed, City and Engineer agree as follows: SECTION 1 Scope of Services 1. The Engineer shall prepare an air quality report containing the following: a. A summary of the methods and equipment used in the evaluation of the air environment. b. An environmental setting including a description of present and ambient air quality conditions. The environmental setting shall address the following: Brief description of the airshed or basin affected by the project. A brief discussion of the local climate and topography. The state and national air quality standards. A summary of the air quality trends for the previous three years for the closest monitoring station, county-wide and basin-wide including the number of days federal and state air quality standards were exceeded. The potential effects of existing air pollutants on sensitive receptors such as schools, hospitals, convalescent homes and agricultural areas. c. An impact assessment shall be calculated under "worst case" meteorological conditions and the most current emission factors. The results may be presented as tons per year, pounds per day and concentrations as parts per million {ppm) and/or micrograms per liter {ug/1). The impact assessment shall address air quality conditions with and without completion of the proposed widening and discuss the following: SHORT TERM IMPACTS generated due to construction. The type, amount and duration of air pollutant emissions will be presented for construction activities such as site preparation and project construction including fugitive dust resulting from grading, construction workers' vehicular traffic, and exhaust from heavy-duty gasoline and diesel powered vehicles. REGIONAL AIR IMPACTS generated due to the projected quantity of emissions resulting from the project. These emissions will be compared against estimates for the San Diego County area to assess the potential for regional air quality impacts. The projected quantity of emissions will include the expected change in emissions due to speed changes caused by improved level of service and take into consideration the impact of other projects, existing or proposed in the area. LOCAL AIR IMPACTS will include a local and neighborhood analysis. The local analysis will address the resulting air pollutant levels that will result in the residential areas or other sensitive ares directly adjacent to the project site. The neighborhood analysis will identify the air quality impacts on the area due to changes in traffic patterns. The assessment shall identify and analyze emission sources. Factors to be considered in vehicle usage are number of vehicle trips associated with the project, length of trips, peak hour traffic count estimates, percent of cold-hot starts, types of trips, average speed, and vehicle miles traveled per day. Airborne hazardous or toxic pollutants expected to be generated by the project shall be identified. The type and quantity of pollutant emitted as well as the ambient background levels and potential effect on public health should be addressed. Any additive or synergistic health impacts, the degree of risk to the community, the threshold of adverse health impacts and control measures and emergency plans shall also be discussed. The impact on the ambient air environment, which results from the proposed, current, past and future projects in the airshed. A list of proposed projects in the vicinity of the project producing relating or cumulative impacts shall be included. -2- d. The report shall include a discussion of possible mitigation measures to reduce the impact of increased vehicle trips generated including ~ bicycle routes, extended bus routes, and ride-sharing. 2. Prepare an acoustical analysis and report in accordance with the format guidelines set forth in the Acoustical Report Guidelines, Appendix A. The report shall address the following: a. A summary of the methods and equipment used in the evaluation of the noise environment. b. A description of the existing environmental setting to include the following: A brief description of the area affected by the project. An analysis of the project's noise impact on any noise sensitive receptors near and far and the rationale for selection of testing sites. A minimum of five (5) testing sites will be selected. The analysis shall cover the time periods when the noise environment would be affected by the project. The analysis shall encompass enough data to be representative of the existing normal noise environment. Data shall be evaluated and the results summarized by providing an existing noise environment table. c. A brief summary of the future noise environment shall be included which address the following: A discussion of the type of noise sources and their proximity to potentially impacted areas and sensitive receptors. An analysis of the operations/activity data such as: the average daily level of activities; the distribution of activities over day and night time periods; days of the week and seasonal variations; composition of noise sources, percentage of heavy trucks and machinery; any unusual characteristics of the sources. Projected noise levels with and without the proposed project shall be calculated and the results summarized in tabular form. -3- d. A summary of the anticipated impact on the noise environment with and without the proposed project shall: Identify direct impacts that would result from the implementation of the project. Discuss and evaluate the indirect impact anticipated on and off-site and as a result of the project. e. A discussion of any feasible mitigation measures to reduce the noise impact to insignificant levels and any noise impacts that cannot be mitigated and why. Mitigation measures may include traffic management measures, alteration of horizontal and vertical alignments, acquisition of right-of-way for construction of noise barriers, construction of noise barriers, acquisition of right-of-way to provide a buffer zone between the project and the impacted area, or noise insulation of public use or non-profit agency buildings. d. The noise levels shall be computed in terms of the LEQ (Noise Equivalent Level) and CNEL (Community Noise Equivalent Level) noise criteria. e. Separate reports shall be submitted for the LEQ and the CNEL analyses. 3. All studies shall be performed in accordance with National Environmental Protection Act under guidelines developed by the Federal Highway Administration (FHWY). 4. The Engineer shall research and review previous air quality and acoustical studies, local ordinance standards and policies as needed to prepare comprehensive air quality and acoustical analyses. 5. The Engineer shall obtain right-of-entry permit from the property owner. 6. The Engineer shall perform a field reconnaissance and review available aerial photographs and topographic maps to become familiar with the project area. 7.Engineer agrees to provide and be responsible for completion of the above tasks and shall provide ten copies of the final report to the City. SECTION 2 Authorization, Progress and Completion Upon execution of this agreement by both parties hereto, Engineer 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. Engineer shall proceed with the work immediately, prosecute the work diligently to completion in accordance with the following schedule. Prepare reports and complete the above tasks within a maximum of four weeks from date of execution, the air and acoustical studies to be completed concurrently. It is mutually understood by Engineer 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 Engineer shall perform the engineering and related services as set forth in Section 1 for a lump sum fee not to exceed a total of $5,460 calculated in accordance with the fee schedule {Appendix B). The Engineer will submit an invoice to the City upon completion and acceptance of the final reports. The invoice should show hours and charges for each fee schedule classification pursuant to the fee schedule. Payment is due upon presentation of invoice and is past due thirty {30) days from invoice date. The Engineer, at the City's option, will attend two public meetings. Compensation for such attendance shall be $520 per meeting. These services are in addition to the tasks described in Section 1 and are not included in the lump sum fee of $5,460. SECTION 4 Services by City City further agrees to furnish to the Engineer, 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 Engineer in the performance in these services. SECTION 5 Conflict of Interest The Engineer 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 appearance of such conflict. No person having any such conflict of interest shall be employed or retained by the Engineer under this Agreement. -5- SECTION 6 Termination of Agreement for Cause If, through any cause, the Engineer shall fail to fulfill in a timely and proper manner his obligations under this Agreement, or if the Soils Engineer shall violate any of the covenants, agreements, or stipulations of the Agreement, City shall have the right to terminate this Agreement by giving h written notice to Engineer of suc 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 Engineer shall, at the option of City, become the property of City and Engineer 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 Engineer 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 sol e and exclusive property. If the Agreement i s terminated by City as provided in this paragraph, Engineer 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. Engineer 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. SECTION 8 Assignability The Engineer 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 Engineer 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. -6~ 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 Engineer in the United States or in any country without the express written consent to 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 Engineer shall perform as an independent contractor with sole control of the manner and means of performing the services required under the Agreement. City maintains the right only to reject or accept Engineer's final work product as is completed. Engineer and any of Engineer'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. SECTION ll ~hanges City may require changes in the scope of the services by the Engineer to be performed under this Agreement. Such changes, including any increase or decrease in the amount of Engineer's compensation, which are mutually agreed upon by City and Engineer shall be effective as amendments to this agreement only when in writing. SECTION 12 Indemnity Engineer 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 Engineer's employees and all claims which arise from or are connected with the negligent performance of or fail ure to perform the work or other obligations of this agreement, or are caused or claimed to be caused -7- by the negligent acts of Engineer, 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 Engineer 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 Engineer will be reporting the findings actually observed and will not render a professional opinion concerning site conditions other than those actually observed. SECTION 15 Insurance The Engineer 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 Engineer has such coverage under public liability and property damage insurance policies which the Engineer deems adequate. In addition, the Engineer will provide the following certificates of insurance to the City which: Evidence of Statutory Workers' Compensation coverage plus $1 million Employers Liability coverage. Evidence in the form of a Certificate of Insurance and Policy Endorsement, or General and Automobile Liability coverage to $1 million combined single limits which names the City of Chula Vista as additional insured. · ' h form o a Cert' icate of nsurance nd ' , E ' es 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. -8- SECTION 16 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 Engineer 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 entitled to recover all reasonable costs incurred in the defense of the claim, including court costs and attorney's fees. IN WITNESS WHEREOF, City and Mestre Greve Associates, Inc. have executed this Agreement on this 13th day of October , 1987. CITY OF CHULA VISTA ~ MESTRE GREVE ASSOCIAT , INC. M~yo~ of t~e (Jty of Chul~ Vista i)i: President I hereby appr and legality of the foregoing Agreement this City Attorney WPC 3211E