HomeMy WebLinkAbout2012/07/10 Item 06CITY COU NCI L
AGENDA STATEMENT
~~~ CtTY OF
CHUTA VISTA
JULY 10, 2012, Item
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL APPROVING A
TWO-PARTY AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND RECON ENVIRONMENTAL INC., TO
IMPLEMENT AMULTI-YEAR COASTAL CACTUS WREN
HABITAT RESTORATION PROGRAM WITHIN THE OTAY
RANCH PRESERVE, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE GREEMENT
~'
SUBMITTED BY: ASSISTANT CITY MANAGE ~ ' EVELOPMENT
SERVICES DIRECTOR
REVIEWED BY: CITY MANAGER C7
4/STHS VOTE: YES ~ NO ~X
SUMMARY
On September 13, 2011, City Council approved Council Resolution 2011-169 authorizing
the City Manager to execute an agreement between SANDAG and the City to receive a
grant that would fund a habitat restoration and enhancement program within the Otay Ranch
Preserve. In accordance with Resolution 2011-169, Staff was directed to select a qualified
biological consultant to implement the restoration program in accordance with the City's
formal competitive bid procedures. City Staff has completed the competitive bid process and
selected RECON Environmental Inc. (RECON) to serve as the biological consultant for this
restoration program. Council's actions would approve a 2-party agreement between the City
and RECON to implement amulti-year Coastal cactus wren habitat restoration program.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA} and has determined
that the project qualifies for a Class 4 Categorical Exemption pursuant to Section
15304{d) (Minor Alterations to Land) of the State CEQA Guidelines. Consistent with
Section 15304(d), the proposed project involves minor alterations in lands within an
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JULY 10, 2012, Item ~
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existing officially designated wildlife management area (i.e., Otay Ranch Preserve) for
purposes of improving existing wildlife habitat and resources. Thus, no further
environmental review is necessary.
RECOMMENDATION
That Council:
Adopt the Resolution approving the two-party agreement between the City of Chula Vista
and Recon Environmental Inc.
BOARDS/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
SANDAG TransNet EMP Grant Funding
In November 2004, the voters of San Diego County approved the TransNet Extension
Ordinance 04-01 and Expenditure Plan, including an Environmental Mitigation Program
(EMP). The EMP is a funding allocation category for the costs to mitigate habitat impacts
for regional transportation projects. The EMP is a unique component of the TransNet
Extension in that it goes beyond traditional mitigation for transportation projects by
including a funding allocation for habitat acquisition, management, and monitoring
activities as needed to help implement regional habitat conservation plans.
In January 2011, the SANDAG Board of Directors approved land management and
monitoring activities and a budget of $1.9 million for projects promoting invasive species
control and restoration, specific management for at risk species, and general activities
such as habitat maintenance, access management, and the coordination of volunteers.
2011 SANDAG RFP and Chula Vista's Proposal
In March 2011, SANDAG issued an RFP from entities wishing to apply for a portion of
TransNet funds for the use of environmental land management projects. On June 13,
2011, the City submitted a grant proposal requesting grant funds to support amulti-year
land management program to restore and enhance degraded Coastal cactus wren habitat
within the City's Otay Ranch Preserve, particularly within Salt Creek Canyon.
The project consists of aspecies-specific land management program focused on restoring
and enhancing degraded habitat for the Coastal cactus wren, a Chula Vista Multiple
Species Conservation Program (MSCP) Covered Species. This proposal was developed
to address the immediate needs of this species in the Otay Ranch Preserve, specifically
within Salt Creek Canyon. In Salt Creek Canyon loss and degradation of existing Coastal
cactus wren habitat has occurred due to historical cattle grazing, increase of invasive
plant species, unauthorized off-road vehicle use, drought and vegetation succession
processes. Specific management activities included in this project include invasive
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JULY 10, 2012, Item ~
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species control with follow-up herbicide treatments, propagation of coast cholla and coast
prickly pear cuttings, propagation of Mexican elderberry and focused cactus wren
monitoring. The grant amount requested to retain a qualified biological consultant to
implement this proposal is $182,282 and would provide up to 3-years of funding.
SANDAG Grant Award
On November 18, 2011, SANDAG's Board of Directors approved the City's grant proposal
subsequent to which, the City has executed a contract with SANDAG to receive the grant
funds. In accordance with Resolution 2011-169, Staff was directed to select a qualified
biological consultant to implement the restoration program in accordance with the City's
competitive bid procedures. On March 22, 2012, an Request for Proposals (RFP) was
distributed to qualified biological consultants in order to solicit bids from qualified
biological consultants. Upon completing the competitive bidding process, the City selected
RECON implement the project in accordance with the scope of work detailed in the City's
executed contract with SANDAG. Staff has prepared a 2-parry agreement between the City
and RECON, a copy of which is provided in Attachment 1.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property
holdings within 500 feet of the boundary of the property, which is the subject of this
action.
CURRENT YEAR FISCAL IMPACT
There is no current fiscal year impact. Staff time associated with the grant application and
preparation of any consulting contracts is within the adopted Development Services
Department budget. The $182,282 of awarded grant funds is sufficient to cover costs for
a biological consultant to perform the necessary habitat restoration activities. Payment
for invoices received from the biological consultant will be paid directly from grant funds
provided by SANDAG.
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ONGOING FISCAL IMPACT
The $182,282 in grant funds would be sufficient to cover costs for a biological consultant
to perform the necessary habitat restoration and provide routine maintenance and
monitoring activities. The project is included in the Fiscal Year (FY) 2012-13 CIP
Program (CIP Project OP222); therefore, no appropriation of funds from the General
Fund is required to cover biological consultant services. The cost of City staff time for
three years of project management is anticipated to be $21,810. This time will be
provided by City staff whose costs are also included in the FY 2012-13 budget, and
future budgets for the Development Services Department. The City is not obligated to
continue restoration and enhancement activities once the grant funds have been
expended.
ATTACHMENTS
1. 2-Party Agreement between City of Chula Vista and Recon Environmental Inc.
Prepared by: Glen Laube, Associate Planner, Advanced Planning
J.•IPlanninglGLaubeIMSCPIGRANTsISANDAG Tnetlll-12 Salt CreeklRecon
ContractlSalt Creek Wren Grant A113.doc
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COUNCIL RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL APPROVING A
TWO-PARTY AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND RECON ENVIRONMENTAL INC., TO
IMPLEMENT AMULTI-YEAR COASTAL CACTUS WREN
HABITAT RESTORATION PROGRAM WITHIN THE OTAY
RANCH PRESERVE, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, the Coastal cactus wren is a Covered Species under the Chula Vista
Multiple Species Conservation Program (MSCP) Subarea Plan and recognized by the California
Department of Fish and Game as a State Species of Special Concern; and
WHEREAS, loss and degradation of Coastal cactus wren habitat within the Otay Ranch
Preserve is occurring due to weed infestation, historical cattle grazing, unauthorized off-road
vehicle use, and vegetation succession; and
WHEREAS, the activities offered though the restoration and enhancement program are
essential for the prolongation of the coastal cactus wren and would reduce the vulnerability of
this species to extirpation; and
WHEREAS, program has been developed consistent with the City's adopted habitat
management plans to ensure that MSCP Covered Species are adequately protected; and
WHEREAS, the City has been awarded grant from SANDAG in the amount of $182,282
to fund the program; and
WHEREAS, on March 22, 2012, a Request for Proposals was distributed to qualified
environmental consultants in order to solicit candidates interested in serving as the City's
biological consultant to implement the restoration and enhancement program; and
WHEREAS, the City received proposals from nine environmental consultants in response
to the formal Request for Proposals; and
WHEREAS, the City evaluated each submittal based on clarity, approach, cost,
qualifications, and completeness; and
WHEREAS, through a competitive bid process, Recon Environmental Inc. (Consultant)
was selected based upon its proposed approach and demonstrated qualifications to perform the
services outlined in the detailed scope of work; and
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Resolution No.
Page 2
WHEREAS, Consultant warrants and represents that it is experienced and staffed in a
manner such that it can deliver the services required of Consultant to City in accordance with the
time frames and the terms and conditions of this Agreement, a copy of which is on file in the
Office of the City Clerk.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it approves the Two-party Agreement between the City of Chula Vista and Recon
Environmental Inc. to Implement aMulti-year Coastal Cactus Wren Habitat Restoration Program
within the Otay Ranch Preserve, and authorizes the City to execute the Two-party Agreement
between the City of Chula Vista and Recon Environmental Inc. to Implement aMulti-year
Coastal Cactus Wren Habitat Restoration Program within the Otay Ranch Preserve.
Presented by
as to
Gary Halbert, PE, AICP y len R. Goggins
Assistant City Manager/Development ity Attorney
Services Director
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THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY' S OFFICE AND WILL BE
FORMALLY SIGNED UPON APP OVAL BY
TIDE CITY COUNCI - ~
~le~ R. Googir
City Attorney
Dated: ~ ~ ~ ~-
AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND
RECON ENVIRONMENTAL, INC.
FOR BIOLOGICAL CONSULTING SERVICES
ASSOCIATED WITH
THE OTAY RANCH COASTAL CACTUS WREN HABITAT
RESTORATION AND ENHANCEMENT PROGRAM
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Agreement between
City of Chula Vista
and
RECON Envi>r'onmental Inc., Consultant
for Biological Consulting Services Associated with the Otay Ranch Coastal Cactus Wren
Habitat Restoration and Enhancement Program
This agreement (Agreement) is between the City-related entity whose name and business
form is indicated on Exhibit A, Paragraph 2, (City), and the entity whose name, business form,
place of business and telephone numbers are indicated on Exhibit A, Paragraphs 4 through 6,
(Consultant), and is made with reference to the following facts:
RECITALS
WHEREAS, on March 22, 2012, a Request for Proposals was-distributed to qualified
environmental consultants in order to solicit candidates interested in serving as the City's
biological consultant to implement the restoration and enhancement program; and
WHEREAS, the property which is the subject matter of this Agreement is commonly
known as Otay Ranch Preserve, and is shown as set forth in the attached Exhibit B ("Property");
and,
WHEREAS, the City received proposals from nine environmental consultants in response
to the formal Request for Proposals; and
WHEREAS, the City evaluated each submittal based on clarity, approach, cost,
qualifications, and completeness; and
WHEREAS, through a competitive bid process, the Consultant was selected based upon
its proposed approach and demonstrated qualifications to perform the services outlined in the
detailed scope of work; and
WHEREAS, Consultant warrants and represents that it is experienced and staffed in a
manner such that it can deliver the services required of Consultant to City in accordance with the
time frames and the terms and conditions of this Agreement.
(End of Recitals. Next Page Starts Obligatory Provisions.]
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OBLIGATORY PROVISIONS PAGES
NOW, THEREFORE, for valuable consideration the City and Consultant do hereby mutually
agree as follows:
All of the Recitals above are incorporated into this Agreement by this reference.
A. General
ARTICLE I. CONSULTANT' S OBLIGATIONS
1. General Duties. Consultant shall perform all of the services described on Exhibit A,
Paragraph 7 (General Duties).
2. SCOpe of Work and Schedule. In performing and delivering the General Duties,
Consultant shall also perform the services, and deliver to City the "Deliverables"
described in Exhibit A, Paragraph 8, entitled "Scope of Work and Schedule," according
to, and within the time frames set forth in Exhibit A, Paragraph 8, time being of the
essence of this agreement. The General Duties and the work and Deliverables required in
the Scope of Work and Schedule shall be referred to as the "Defined Services." Failure to
complete the Defined Services by the times indicated does not, except at the option of the
City, terminate this Agreement.
a. Reductions in Scope of Work. City may independently, or upon request from
Consultant, from time to time, reduce the Defined Services to be performed by the
Consultant under this Agreement. Upon doing so, City and Consultant agree to meet
in good faith and confer for the purpose of negotiating a corresponding reduction in
the compensation associated with the reduction.
b. Additional Services. In addition to performing the Defined Services, City may
require Consultant to perform additional consulting services related to the Defined
Services (Additional Services), and upon doing so in writing, if they are within the
scope of services offered by Consultant, Consultant shall perform same on a time and
materials basis at the rates set forth in the "Rate Schedule" in Exhibit A,
Paragraph 10(C), unless a separate fixed fee is otherwise agreed upon. All
compensation for Additional Services shall be paid monthly as billed.
3. Standard of Care. The Consultant expressly warrants that the work to be performed
pursuant to this Agreement, whether Defined Services or Additional Services, shall be
performed in accordance with the standard of care ordinarily exercised by members of
the profession currently practicing under similar conditions and in similar locations.
a. No Waiver of Standard of Care. Where approval by City is required, it is understood
to be conceptual approval only and does not relieve the Consultant of responsibility
for complying with all laws, codes, industry standards, and liability for damages
caused by negligent acts, errors, omissions, noncompliance with industry standards,
or the willful misconduct of the Consultant or its subcontractors.
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B. Application of Laws. Should a federal or state law pre-empt a local law, or regulation, the
Consultant must comply with the federal or state law and implementing regulations. No
provision of this Agreement requires the Consultant to observe or enforce compliance with
any provision, perform any other act, or do any other thing in contravention of federal, state,
territorial, or local law, regulation, or ordinance. If compliance with any provision of this
Agreement violates or would require the Consultant to violate any law, the Consultant agrees
to notify City immediately in writing. Should this occur, the City and the Consultant agree
that they will make appropriate arrangements to proceed with or, if necessary, amend or
terminate this Agreement, or portions of it, expeditiously.
Subcontractors. Consultant agrees to take appropriate measures necessary to ensure that
all participants utilized by the Consultant to complete its obligations under this
Agreement, such as subcontractors, comply with all applicable laws, regulations,
ordinances, and policies, whether federal, state, or local, affecting Project
implementation. In addition, if a subcontractor is expected to fulfill any responsibilities of
the Consultant under this Agreement, the Consultant shall ensure that the subcontractor
carries out the Consultant's responsibilities as set forth in this Agreement.
C. Insurance
1. General. Consultant must procure and maintain, during the period of performance of this
Agreement, and for twelve months after completion, policies of insurance from insurance
companies to protect against claims for injuries to persons or damages to property that
may arise from or in connection with the performance of the work under this Agreement
and the results of that work by the Consultant, his agents, representatives, employees or
subcontractors, and provide documentation of same prior to commencement of work.
2. Minimum Scope of Insurance. Coverage must be at least as broad as:
a. CGL. Insurance Services Office Commercial General Liability coverage (occurrence
Form CG0001).
b. Auto. Insurance Services Office Form Number CA 0001 covering Automobile
Liability, Code 1 (any auto).
c. WC. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
d. E&O. Professional Liability or Errors & Omissions Liability insurance appropriate to
the Consultant's profession. Architects' and Engineers' coverage is to be endorsed to
include contractual liability.
3. Minimum Limits of Insurance. Consultant must maintain limits no less than those
included in the table below:
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i. General Liability: $1,000,000 per occurrence for bodily injury, personal injury,
(Including (including death), and property damage. If Commercial General
operations, Liability insurance with. a general aggregate limit is used, either
products and the general aggregate limit must apply separately to this
completed Project/location or the general aggregate limit must be twice the
operations, as required occurrence limit.
a plicable)
ii. Automobile $1,000,000 per accident for bodily injury, including death, and
Liability: property damage.
iii. Workers' Statutory
Compensation $1,000,000 each accident
Employer's $1,000,000 disease-policy limit
Liabilit : $1,000,000 disease-each em loyee
iv. Professional $1,000,000 each occurrence - -
Liability or Errors
& Omissions
Liability:
4. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must
be declared to and approved by the City. At the option of the City, either the insurer will
reduce or eliminate such deductibles or self-insured retentions as they pertain to the City,
its officers, officials, employees and volunteers; or the Consultant will provide a financial
guarantee satisfactory to the City guaranteeing payment of losses and related
investigations, claim administration, and defense expenses.
5. Other Insurance Provisions. The general liability, automobile liability, and where
appropriate, the worker's compensation policies are to contain, or be endorsed to contain,
the following provisions:
a. Additional Insureds. City of Chula Vista, its officers, officials, employees, agents,
and volunteers are to be named as additional insureds with respect to all policies of
insurance, including those with respect to liability arising out of automobiles owned,
leased, hired or borrowed by or on behalf of the Consultant, where applicable, and,
with respect to liability arising out of work or operations performed by or on behalf of
the Consultant, including providing materials, parts or equipment furnished in
connection with such work or operations. The general liability additional insured
coverage must be provided in the form of an endorsement to the Consultant's
insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement
must not exclude Products/Completed Operations coverage.
b. Primary Insurance. The Consultant's General Liability insurance coverage must be
primary insurance as it pertains to the City, its officers, officials, employees, agents,
and volunteers. Any insurance or self-insurance maintained by the City, its officers,
officials, employees, or volunteers is wholly separate from the insurance of the
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Consultant and in no way relieves the Consultant from its responsibility to provide
insurance.
Cancellation. The insurance policies required by this Agreement shall not be canceled
by either party, except after thirty days' prior written notice to the City by certified
mail, return receipt requested. The words "will endeavor" and "but failure to mail
such notice shall impose no obligation or liability of any kind upon the company, its
agents, or representatives" shall be deleted from all certificates.
d. Active Negligence. Coverage shall not extend to any indemnity coverage for the
active negligence of the additional insureds- in any case where an agreement to
indemnify the additional insured would be invalid under Subdivision (b) of Section
2782 of the Civil Code.
e. Waiver of Subrogation. Consultant's insurer will provide a Waiver of Subrogation in
favor of the City for each required policy providing coverage for the term required by
this Agreement.
6. Claims Forms. If General Liability, Pollution and/or Asbestos Pollution Liability and/or
Errors & Omissions coverage are written on a claims-made form:
a. Retro Date. The "Retro Date" must be shown, and must be before the date of the
Agreement or the beginning of the work required by the Agreement.
b. Maintenance and Evidence. Insurance must be maintained and evidence of insurance
must be provided for at least five years after completion of the work required by the
Agreement.
c. Cancellation. If coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a "Retro Date" prior to the effective date of the
Agreement, the Consultant must purchase "extended reporting" coverage for a
minimum of five years after completion of the work required by the Agreement.
d. Copies. A copy of the claims reporting requirements must be submitted to the City
for review.
7. Acceptability of Insurers. Insurance is to be placed with licensed insurers admitted to
transact business in the State of California with a current A.M. Best's rating of no less
than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the
State of California List of Eligible Surplus Lines .Insurers (LESLI) with a current A.M.
Best's rating of no less than A X. Exception may be made for the State Compensation
Fund when not specifically rated.
8. Verification of Coverage. Consultant shall furnish the City with original certificates and
amendatory endorsements effecting coverage required by Section I.C. of this Agreement.
The endorsements should be on insurance industry forms, provided those endorsements
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or policies conform to the requirements of this Agreement. All certificates and
endorsements are to be received and approved by the City before work commences. The
City reserves the right to require, at any time, complete, certified copies of all required
insurance policies, including endorsements evidencing the coverage required by these
specifications.
9. Subcontractors. Consultant must include all subconsultants as insureds under its policies
or furnish separate certificates and endorsements for each subconsultant. All coverage for
subconsultants is subject to all of the requirements included in these specifications.
10. Not a Limitation of Other Obli atm. Insurance provisions under this Article shall not
be construed to limit the Consultant's obligations under this Agreement, including
Indemnity.
D. Security for Performance
1. Performance Bond. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide a Performance Bond (indicated by a check mark in the
parenthetical space immediately preceding the subparagraph entitled "Performance
Bond"), then Consultant shall provide to the City a performance bond, in the amount
indicated at Exhibit A, Paragraph 18, in the form prescribed by the City and by such
sureties which are authorized to transact such business in the State of California, listed as
approved by the United States Department of Treasury Circular 570,
http://www.fms.treas.gov/c570, and whose underwriting limitation is sufficient to issue
bonds in the amount required by the Agreement, and which also satisfy the requirements
stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise
by laws or regulations. All bonds signed by an agent must be accompanied by a certified
copy of such agent's authority to act. Surety companies must be duly licensed or
authorized in the jurisdiction in which the Project is located to issue bonds for the limits
so required. Form must be satisfactory to the Risk Manager or City.
2. Letter of Credit. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical
space immediately preceding the subparagraph entitled "Letter of Credit"), then
Consultant shall provide to the City an irrevocable letter of credit callable by the City at
its unfettered discretion by submitting to the bank a letter, signed by the City Manager,
stating that the Consultant is in breach of the terms of this Agreement. The letter of
credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk
Manager or City Attorney which amount is indicated in the space adjacent to the term,
"Letter of Credit," in Exhibit A, Paragraph 18.
3. Other Security. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide security other than a Performance Bond or a Letter of Credit
(indicated by a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Other Security"), then Consultant shall provide to the City such
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other security therein listed in a form and amount satisfactory to the Risk Manager or
City Attorney.
E. Business License. Consultant agrees to obtain a business license from the City and to
otherwise comply with Title 5 of the Chula Vista Municipal Code.
ARTICLE II. CITY OBLIGATIONS
A. Consultation and Cooperation. City shall regularly consult the Consultant for the purpose
of reviewing the progress of the Defined Services and Schedule, and to provide direction and
guidance to achieve the objectives of this Agreement. The City shall allow Consultant access
to its office facilities, files and records, as deemed necessary and appropriate by the City,
throughout the term of this Agreement. In addition, City agrees to provide the materials
identified at Exhibit A, Paragraph 9, with the understanding that delay in the provision of
those materials beyond thirty days after authorization to proceed, shall constitute a basis for
the justifiable delay in the Consultant's performance.
B. Compensation.
1. Following Receipt of Billing. Upon receipt of a properly prepared bill from Consultant,
submitted to the City as indicated in Exhibit A, Paragraph 17, but in no event more
frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 17,
City shall compensate Consultant for all services rendered by Consultant according to the
terms and conditions set forth in Exhibit A, Paragraph 10, adjacent to the governing
compensation relationship indicated by a "checkmark" next to the appropriate
arrangement, subject to the requirements for retention set forth in Paragraph 18 of
Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in
Exhibit A, Paragraph 11.
2. Supporting Information. Any billing submitted by Consultant shall contain sufficient
information as to the propriety of the billing, including properly executed payrolls, time
records, invoices, contracts, or vouchers describing in detail the nature of the charges to
the Project in order to permit the City to evaluate that the amount due and payable is
proper, and such billing shall specifically contain the City's account number indicated on
Exhibit A, Paragraph 17(C) to be charged upon making such payment.
3. Exclusions. In determining the amount of the compensation City will exclude any cost:
1) incurred prior to the effective date of this Agreement; or 2) arising out of or related to
the errors, omissions, negligence or acts of willful misconduct of the Consultant, its
agents, employees, or subcontractors.
a. Errors and Omissions. In the event that the City Administrator determines that
the Consultant's negligence, errors, or omissions in the performance of work
under this Agreement has resulted in expense to City greater than would have
resulted if there were no such negligence, errors, omissions, Consultant shall
reimburse City for any additional expenses incurred by the City. Nothing in this
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paragraph is intended to limit City's rights under other provisions of this
Agreement.
4. Payment Not Final Approval. The Consultant understands and agrees that payment to the
Consultant for any Project cost does not constitute a City final decision about whether
that cost is allowable and eligible for payment under the Project and does not constitute a
waiver of any violation of Consultant of the terms of the Agreement. The Consultant
acknowledges that City will not make a final determination about the eligibility of any
cost until the final payment has been made on the Project or the results of an audit of the
Project requested by the City has been completed, whichever occurs latest. If City
determines that the Consultant is not entitled to receive any portion of the compensation
due or paid, City will notify the Consultant in writing, stating its reasons. The Consultant
agrees that Project closeout will not alter the Consultant's responsibility to return any
funds due City as a result of later refunds, corrections, or other similar transactions; nor
will Project closeout alter the right of City to disallow costs and-recover funds provided
for the Project on the basis of a later audit or other review.
a. Consultant's Obligation to Pay. Upon notification to the Consultant that specific
amounts are owed to City, whether for excess payments or disallowed costs, the
Consultant agrees to remit to City promptly the amounts owed, including applicable
interest.
ARTICLE III. ETHICS
A. Financial Interests of Consultant
1. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A,
Paragraph 14, as an "FPPC filer," Consultant is deemed to be a "Consultant" for the
purposes of the Political Reform Act conflict of interest and disclosure provisions, and
shall report economic interests to the City Clerk on the required Statement of Economic
Interests in such reporting categories as are specified in Paragraph 14 of Exhibit A, or if
none are specified, then as determined by the City Attorney.
2. No Participation in Decision. Regardless of whether Consultant is designated as an FPPC
Filer, Consultant shall not make, or participate in making or in any way attempt to use
Consultant's position to influence a governmental decision in which Consultant knows or
has reason to know Consultant has a financial interest other than the compensation
promised by this Agreement.
3. Search to Determine Economic Interests. Regardless of whether Consultant is designated
as an FPPC Filer, Consultant warrants and represents that Consultant has diligently
conducted a search and inventory of Consultant's economic interests, as the term is used
in the regulations promulgated by the Fair Political Practices Commission, and has
determined that Consultant does not, to the best of Consultant's knowledge, have an
economic interest which would conflict with Consultant's duties under this Agreement.
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4. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is
designated as an FPPC Filer, Consultant further warrants and represents that Consultant
will not acquire, obtain, or assume an economic interest during the term of this
Agreement which would constitute a conflict of interest as prohibited by the Fair Political
Practices Act.
5. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated
as an FPPC Filer, Consultant further warrants and represents that Consultant will
immediately advise the City Attorney if Consultant learns of an economic interest of
Consultant's that may result in a conflict of interest for the purpose of the Fair Political
Practices Act, and regulations promulgated thereunder.
6. Specific Warranties Against Economic Interests. Consultant warrants, represents and
agrees that:
a. Neither Consultant, nor Consultant's immediate family members, nor Consultant's
employees or agents (Consultant Associates) presently have any interest, directly or
indirectly, whatsoever in any property which may be the subject matter of the Defined
Services, or in any property within 2 radial miles from the exterior boundaries of any
property which may be the subject matter of the Defined Services, (Prohibited
Interest), other than as listed in Exhibit A, Paragraph 14.
b. No promise of future employment, remuneration, consideration, gratuity or other
reward or gain has been made to Consultant or Consultant Associates in connection
with Consultant's performance of this Agreement. Consultant promises to advise City
of any such promise that may be made during the Term of this Agreement, or for
twelve months thereafter.
c. Consultant Associates shall not acquire any such Prohibited Interest within the Term
of this Agreement, cr for twelve months after the expiration of this Agreement,
except with the written permission of City.
d. Consultant may not conduct or solicit any business for any party to this Agreement,
or for any third party that may be in conflict with Consultant's responsibilities under
this Agreement, except with the written permission of City.
IV. LIQUIDATED DAMAGES
A. Application of Section. The provisions of this section apply if a Liquidated Damages Rate
is provided in Exhibit A, Paragraph 13.
1. Estimating Damages. It is acknowledged by both parties that time is of the essence in the
completion of this Agreement. It is difficult to estimate the amount of damages resulting
from delay in performance. The parties have used their judgment to arrive at a reasonable
amount to compensate for delay.
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2. Amount of Penalty. Failure to complete the Defined Services within the allotted time
period specified in this Agreement shall result in the following penalty: For each
consecutive calendar day in excess of the time specified for the completion of the
respective work assignment or Deliverable, the Consultant shall pay to the City, or have
withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A,
Paragraph 13 (Liquidated Damages Rate).
3. Request for Extension of Time. If the performance of any act required of Consultant is
directly prevented or delayed by reason of strikes, lockouts, labor disputes, unusual
governmental delays, acts of God, fire, floods, epidemics, freight embargoes, or other
causes beyond the reasonable control of the Consultant, as determined by the City,
Consultant shall be excused from performing that act for the period of time equal to the
period of time of the prevention or delay. In the event Consultant claims the existence of
such a delay, the Consultant shall notify the City's Contract Administrator, or designee, in
writing of that fact within ten calendar days after the beginning of any such claimed
delay. Extensions of time will not be granted for delays to minor portions of work unless
it can be shown that such delays did or will delay the progress of the work.
ARTICLE V. INDEMNIFICATION
A. Defense, Indemnity, and Hold Harmless.
1. General Requirement. Except for liability for Design Professional Services covered
under Article V., Section A.2., Consultant shall defend, indemnify, protect and hold
harmless the City, its elected and appointed officers, agents and employees, from and
against any and all claims, demands, causes of action, costs, expenses, liability, loss,
damage or injury, in law or equity, to property or persons, including wrongful death, in
any manner arising out of or incident to any alleged acts, omissions, negligence, or
willful misconduct of Consultant, its officials, officers, employees, agents, and
contractors, arising out of or in connection with the performance of the Defined Services
or this Agreement. This indemnity provision does not include any claims, damages,
liability, costs and expenses (including without limitations, attorneys fees) arising from
the sole negligence, active negligence or willful misconduct of the City, its officers,
employees. Also covered is liability arising from, connected with, caused by or claimed
to be caused by the active or passive negligent acts or omissions of the City, its agents,
officers, or employees which may be in combination with the active or passive negligent
acts or omissions of the Consultant, its employees, agents or officers, or any third party.
2. Design Professional Services. If Consultant provides design professional services, as
defined by California Civil Code section 2782.5, as may be amended from time to time,
Consultant shall defend, indemnify and hold the City, its officials, officers, employees,
volunteers, and agents free and harmless from any and all claims, demands, causes of
action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or
persons, including .wrongful death, in any manner arising out of, pertaining to, or relating
to the negligence, recklessness, or willful misconduct of Consultant, its officials, officers,
employees, agents, consultants, and contractors arising out of or in connection with the
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performance of Consultant's services. Consultant's duty to defend, indemnify, and hold
harmless shall not include any claims or liabilities arising from the sole negligence, active
negligence or willful misconduct of the City, its agents, officers or employees. This
section in no way alters, affects or modifies the Consultant's obligations and duties under
this Agreement.
1. Costs of Defense and Award. Included in the obligations in Sections A.1 and A.2, above,
is the Consultant's obligation to defend, at Consultant's own cost, expense and risk, any
and all suits, actions or other legal proceedings, that may be brought or instituted against
the City, its directors, officials, officers, employees, agents and/or volunteers, subject to
the limitations in Sections A.1. and A.2. Consultant shall pay and satisfy any judgment,
award or decree that may be rendered against City or its directors, officials, officers,
employees, agents and/or volunteers, for any and all related legal expenses and costs
incurred by each of them, subject to the limitations in Sections A.1. and A.2.
4. Insurance Proceeds. Consultant's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the City, its directors, officials, officers,
employees, agents, and/or volunteers.
5. Declarations. Consultant's obligations under Article V shall not be limited by any prior
or subsequent declaration by the Consultant.
6. Enforcement Costs. Consultant agrees to pay any and all costs City incurs enforcing the
indemnity and defense provisions set forth in Article V.
7. Survival. Consultant's obligations under Article V shall survive the termination of this
Agreement.
ARTICLE VI. TERMINATION OF AGREEMENT
A. Termination for Cause. If, through any cause, Consultant shall fail to fulfill in a timely and
proper manner Consultant's obligations under this Agreement, or if Consultant shall violate
any of the covenants, agreements or stipulations of this Agreement, City shall have the right
to terminate this Agreement by giving written notice to Consultant of such termination and
specifying the effective date thereof at least five (5) days before the effective date of such
termination. In that event, all finished or unfinished documents, data, studies, surveys,
drawings, maps, reports and other materials prepared by Consultant shall, at the option of the
City, become the property of the City, and Consultant shall be entitled to receive just and
equitable compensation, in an amount not to exceed that payable under this Agreement and
less any damages caused City by Consultant`s breach,. for any work satisfactorily completed
on such documents and other materials up to the effective date of Notice of Termination,.
B. Termination of Agreement for Convenience of City. City may terminate this Agreement
at any time and for any reason, by giving specific written notice to Consultant of such
termination and specifying the effective date thereof, at least thirty (30) days before the
effective date of such termination. In that event, all finished and unfinished documents and
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other materials described hereinabove shall, at the option of the City, become City's sole and
exclusive property. If the Agreement is terminated by City as provided in this paragraph,
Consultant shall be entitled to receive just and equitable compensation, in an amount not to
exceed that payable under this Agreement, for any satisfactory work completed on such
documents and other materials to the effective date of such termination. Consultant hereby
expressly waives any and all claims for damages or compensation arising under this
Agreement except as set forth in this section.
ARTICLE VII. RECORD RETENTION AND ACCESS
A. Record Retention. During the course of the Project and for three (3) years following
completion, the Consultant agrees and to maintain, intact and readily accessible, all data,
documents, reports, records, contracts, and supporting materials relating to the Project as City
may require.
B. Access to Records of Consultant and Subcontractors. The Consultant agrees to permit,
and require its subcontractors to permit City or its authorized representatives, upon request,
to inspect all Project work, materials, payrolls, and other data, and to audit the books,
records, and accounts of the Contractor and its subcontractors pertaining to the Project.
C. Project Closeout. The Consultant agrees that Project closeout does not alter the reporting
and record retention requirements of this Agreement.
ARTICLE VIII. PROJECT COMPLETION, AUDIT, AND CLOSEOUT
A. Project Completion. Within ninety (90) calendar days following Project completion or
termination by City, Consultant agrees to submit a final certification of Project expenses and
audit reports, as applicable.
B. Audit of Consultants. Consultant agrees to perform financial and compliance audits the
City may require. The Consultant also agrees to obtain any other audits required by City.
Consultant agrees that Project closeout will not alter Consultant's audit responsibilities. Audit
costs are allowable Project costs.
C. Project Closeout. Project closeout occurs when City notifies the Consultant that City has
closed the Project, and either forwards the final payment or acknowledges that the Consultant
has remitted the proper refund. The Consultant agrees that Project closeout by City does not
invalidate any continuing requirements imposed by the Agreement or any unmet
requirements set forth in a written notification from City
ARTICLE IX. MISCELLANEOUS PROVISIONS
A. Assignability. The services of Consultant are personal to the City, and Consultant shall not
assign any interest in this Agreement, and shall not transfer any interest in the same (whether
by assignment or notation), without prior written consent of City.
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1. Limited Consent. City hereby consents to the assignment of the portions of the Defined
Services identified in Exhibit A, Paragraph 16 to the subconsultants identified as
"Permitted Subconsultants."
B. Ownership, Publication, Reproduction and Use of Material. All reports, studies,
information, data, statistics, forms, designs, plans, procedures, systems and any other
materials or properties produced under this Agreement shall be the sole and exclusive
property of City. No such materials or properties produced in whole or in part under this
Agreement shall be subject to private use, copyrights or patent rights by Consultant in the
United States or in any other country without the express written consent of City. City shall
have unrestricted authority to publish, disclose (except as may be limited by the provisions of
the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in
part, any such reports, studies, data, statistics, forms or other materials or properties produced
under this Agreement.
C. Independent Contractor. City is interested only in the results obtained and Consultant shall
perform as an independent contractor with -sole control of the manner and means of
performing the services required under this Agreement. City maintains the right only to
reject or accept Consultant's work products. Consultant and any of the Consultant's agents,
employees or representatives are, for all purposes under this Agreement, independent
contractors and shall not be deemed to be employees of City, and none of them shall be
entitled to any benefits to which City employees are entitled including but not limited to,
overtime, retirement benefits, worker's compensation benefits, injury leave or other leave
benefits. Therefore, City will not withhold state or federal income tax, social security tax or
any other payroll tax, and Consultant shall be solely responsible for the payment of same and
shall hold the City harmless with regard to them.
1. Actions on Behalf of City. 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 or otherwise. Consultant shall have no authority, express or implied, to bind
City or its members, agents, or employees, to any obligation whatsoever, unless expressly
provided in this Agreement.
2. No Obligations to Third Parties. In connection with the Project, Consultant agrees and
shall require that its agents, employees, subcontractors agree that City shall not be
responsible for any obligations or liabilities to any third party, including its agents,
employees, subcontractors, or other person or entity that is not a party to this Agreement.
Notwithstanding that City may have concurred in or approved any solicitation,
subagreement, or third party contract at any tier, City shall have no obligation or liability
to any person or entity not a party to this Agreement.
D. Administrative Claims Requirements and Procedures. No suit or arbitration shall be
brought arising out of this Agreement, against City unless a claim has first been presented in
writing and filed with City and acted upon by City in accordance with the procedures set
forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be
amended, the provisions of which are incorporated by this reference as if fully set forth
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herein, and such policies and procedures used by City in the implementation of same. Upon
request by City, Consultant shall meet and confer in good faith with City for the purpose of
resolving any dispute over the terms of this Agreement.
E. Administration of Contract. Each party designates the individuals (Contract
Administrators) indicated on Exhibit A, Paragraph 12, as that party's contract administrator
who is authorized by the party to represent it in the routine administration of this Agreement.
F. Term. This Agreement shall terminate when the parties have complied with all executory
provisions hereof.
G. Attorney's Fees. .Should a dispute arising out of this Agreement result in litigation, it is
agreed that the prevailing party shall be entitled to a judgment against the other for an
amount equal to reasonable attorneys' fees and court costs incurred. The "prevailing party"
shall be deemed to be the parry who is awarded substantially the relief sought.
H. Statement of Costs. In the event that Consultant prepares a report or document, or
participates in the preparation of a report or document in performing the Defined Services,
Consultant shall include, or cause the inclusion of, in the report or document, a statement of
the numbers and cost in dollar amounts of all contracts and subcontracts relating to the
preparation of the report or document.
I. Consultant is Real Estate Broker and/or Salesman. If the box on Exhibit A, Paragraph 15
is marked, the Consultant and/or is principals is/are licensed with the State of California or
some other state as a real estate broker or salesperson. Otherwise, Consultant represents that
neither Consultant, nor its principals are licensed real estate brokers or salespersons.
Notices. All notices, demands or requests provided for or permitted to be given pursuant to
this Agreement must be in writing. All notices, demands and requests to be sent to any party
shall be deemed to have been properly given or served if personally served or deposited in
the United States mail, addressed to such parry, postage prepaid, registered or certified, with
return receipt requested, at the addresses identified in this Agreement as the places of
business for each of the designated parties.
K. Integration. This Agreement, together with any other written document referred to or
contemplated in it, embody the entire Agreement and understanding between the parties
relating to the subject matter hereof. Neither this Agreement nor any provision of it may be
amended, modified, waived or discharged except by an instrument in writing executed by the
parry against which enforcement of such amendment, waiver or discharge is sought.
L. Capacity of Parties. Each signatory and party to this Agreement warrants and represents to
the other party that it has legal authority and capacity and direction from its principal to enter
into this Agreement, and that all necessary resolutions or other actions have been taken so as
to enable it to enter into this Agreement.
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M. Governing Law/Venue. This Agreement shall be governed by and construed in accordance
with the laws of the State of California. Any action arising under or relating to this
Agreement shall be brought only in the federal or state courts located in San Diego County,
State of California, and if applicable, the City of Chula Vista, or as close thereto as possible.
Venue for this Agreement, and performance under it, shall be-the City of Chula Vista.
(End of page. Next page is signature page.)
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t~~~a~tr€~ pa~;c
t~
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ii~~• ~3ic~ic~~;ia;s~l ~'€3nsIt~~z~; ~e~~viea~ts Asp€~ci~~ted itb tl~e ~~ty .~~nc~ :;~~awt~ €:a~:t.tas ~~•en
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Iii t~~I'i'I~L~S tali-i1~I~EC)I'; Cite ~t~~~l C;~~r~~ultta~at itFarr~; e~~;c~~tc.~l ii~i;~ ~~rc;;~~t~~:~~t,
in~iicati~~g tl~~~t t~~e;~r l~~~ve r~4~~( ~~a~zi uzt~ic~•:;tc~c.~d ;;~~~~e, a~~d i€1i~:<~te titcit~ iuli a~a~l ct~n~plc:t~ c:€~~~~c~~t
ti) its tef•~~as:
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I3°~r•
w _ ._. _.._. __ ........
:€~x~~tY l~. '~~as~c~o~~~~i Cite l:rna~,er
Atte~;t:
Donna Norris, City Clerk
Approved as to form:
C::flen R. Googins, City Attorney
B}' i
Robert . MacA ier. President
E~Iaibit List to Agreement ( } Exhibit A.
Page 1 fs
Twn Arxrtr Ar rc~etsseaa; Yaetwe~as t;itr' vJ'CF:rtiu L'istu ursJ Rrr~G+r~' f"trt~irr~urr~srtat, l"rac
(asr Bfningfcral Cnsasuflfn~ .~ess~fcas ;lsscrcfated wdlh Ilse tTrn}' )Zusrcrx £.'onss'al Casts:s iYrerr Xfablint R~starftlinrr asssrl ~ssdrarrrcesssra+l PY'sagrurt+
P,`~F~5fid9{'vniract`~~'alf5'C,onsaPtaC~,~ertnerlt-fLr:t°OTv ci•1."s.citse
6-23
Signature Page
to
Agreement between
City of Chula Vista and
RECON Environmental Inc., Consultant
for Biological Consulting Services Associated with the Otay Ranch Coastal Cactus Wren
Habitat Restoration and Enhancement Program
IN WITNESS WHEREOF, City and Consultant have executed this Agreement,
indicating that they have read and understood same, and indicate their full and complete consent
to its terms:
City of Chula Vista
By:
James D. Sandoval, City Manager
Attest:
Donna Norris, City Clerk
Approved as to form:
Glen R. Googins, City Attorney
RECON Environmental, Inc.
Bv:
Robert MacAller, President
Exhibit List to Agreement ( ) Exhibit A.
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Exhibit A
to
Agreement between
City of Chula Vista
and
RECON Environmental, Inc.
1. Effective Date of Agreement: July 10, 2012
2. City-Related Entity:
( X)City of Chula Vista, a municipal chartered corporation of the State of California
()Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of
California
()Industrial Development Authority of the City of Chula Vista, a
()Other:
(City)
3. Place of Business for City:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
4. Consultant:
RECON Environmental, Inc.
5. Business Form of Consultant:
( )Sole Proprietorship
( )Partnership
(X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
1927 Fifth Avenue
San Diego, CA 92101-2358
Voice Phone: (619) 308-9333
Fax Phone: (619) 308-9334
a [insert business form]
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7. General Duties:
Consultant shall provide the necessary biological technical services to successfully
implement athree-year habitat restoration and enhancement program, a program specifically
designed to restore 15-acres of degraded Coastal cactus wren habitat within the Otay Ranch
Preserve (refer to Figure 1). Consultant shall perform all work related to this project in
accordance with the scope of work herein below to the satisfaction of the Assistant City
Manager/Development Services Director.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
Task 1: Implementation and Maintenance
a. Site Preparation: The Consultant shall dethatch areas dominated by non-native
annuals using weed whips. Dethatched plant material shall be composted on site.
b. Cactus Propagation and Redistribution: The Consultant shall collect coast cholla
and coast prickly pear cuttings from Preserve areas adjacent to the project and
shall redistribute in newly dethatched areas and existing open areas.
Approximately 45 coast cholla clippings will be transported to High Tech High
Chula Vista where they will be planted and propagated as container stock under
the direct oversight of the Consultant.
c. Mexican Elderberry Seed Collection: The Consultant shall collect a sufficient
number of seeds to propagate 100 Mexican Elderberry plants as container stock.
d. Transport and Maintenance of Container Stock: The Consultant shall maintain 80
containers of Mexican Elderberry stock at the Consultant's native plant nursery.
Consultant shall transfer 20 containers of Mexican Elderberry stock to High Tech
High Chula Vista where students, under the direct oversight of the Consultant,
will maintain the plants until they are of sufficient size for replanting.
e. Follow-up Maintenance: The Consultant shall control newly germinated weeds
using glyphosate prior to seed set.
f. Mexican Elderberry Container Stock Planting: The Consultant shall plant
Mexican Elderberry container stock in areas adjacent to drainages and existing
cholla patches during year 2 of the project.
g. Coast Cholla Container Stock Planting: The Consultant shall plant the Coast
cholla container stock from High Tech within newly created restoration areas
during year 3 of the project.
Task 2: Project Monitoring
a. Pre-implementation Monitoring: The Consultant shall survey the project area to
confirm areas best suited for restoration and/or enhancement prior to initiating
implementation tasks.
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b. Pre-implementation Monitoring: The Consultant shall conduct a focused survey
for Coastal Cactus wren to determine which habitat patches are occupied by
coastal cactus wrens in the areas identified for restoration and enhancement. The
focused survey shall be performed prior to initiating implementation tasks.
Locations of wrens and their nests will be recorded using a GPS.
c. Pre-implementation Monitoring: The Consultant shall delineate the boundaries of
the restoration and enhancement areas in the field.
d. Pre-implementation Monitoring: The Consultant shall establish permanent photo
points at each restoration and enhancement area to document weed control efforts.
e. Follow-up Photo Monitoring: The Consultant shall take photographs from the
established permanent photo points each year to provide a visual record of
changes in the density and distribution of shrubs and coast cholla patches.
f. Focused Coastal Cactus Wren Surveys: The Consultant shall perform focused
surveys for the coastal Cactus Wren shall each year to assess wildlife use of the
restoration and enhancement areas.
g. Follow-up Vegetation Monitoring: The Consultant shall document the cover of
shrubs and density of coast cholla shall each year using the releve method.
Task 3: Reporting (Deliverables)
a. Quarterly Reports: The Consultant shall prepare and submit to the satisfaction of
the City quarterly progress reports documenting all habitat
restoration enhancement activities.
b. Annual Report: The Consultant shall prepare and submit to the satisfaction of the
City an annual report summarizing all habitat restoration/enhancement activities
(the Annual Report will also serve as the fourth quarterly progress report). The
report shall include management recommendations for the following season.
c. Final Project Report: The Consultant shall prepare and submit to the satisfaction
of the City, a Final Project Report (Year 3). The Final Project Report shall discuss
monitoring results and shall include a discussion of future management needs for
coastal cactus wren in the restoration and enhancement areas as well as the
surrounding Preserve. The Final Project Report will serve as the fourth quarterly
progress report and annual report for Year 3 of the project.
Task 4: Misc. Consultant Expenses
a. Costs include task related activities and/or materials not explicitly stated in Tasks
1-3 above. Expenses under this category may include, but are not limited to, plant
production (Mexican Elderberry), herbicides, and document printing.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
()Other:
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C. Dates or Time Limits for Delivery of Deliverables:
The Consultant shall implement and complete each task as set forth in the Project Schedule
herein below in accordance with Section 8A.
Project Schedule
Task Name /Task Number Start Date End Date
Year 1
Project Monitorin Tasks: 2 (a-d) 8/1/12 9/15/12
Im lementation & Maintenance Tasks: 1 (a, c, d) 9/16/12 10/29/12
Im lementation & Maintenance Tasks: 1(b) 11/1/12 11/30/12
Im lementation & Maintenance Task: 1(e) 11/1/12 9/30/13
Project Monitorin Tasks: 2 e-) 5/1/13 - 6/30/13
Reporting (Deliverables) Task: 3 (a)
Quarterly Re ort 1 11/1/12 12/1/12
Reporting (Deliverables) Task: 3 (a}
Quarterly Re ort 2 2/1/13 3/1/13
Reporting (Deliverables) Task: 3 (a)
Quarterl Re ort 3 4/1/13 5/1/13
Reporting (Deliverables) Task: 3 (b)
Annual Re ort 7/1/13 8/1/13
Year 2
Im lementation & Maintenance Task: 1(e) 8/2/13 8/1/14
Im lementation & Maintenance Task: 1(~ 12/1/13 2/15/14
Project Monitoring Task: 2 (e-) 5/1/14 6/30/14
Reporting (Deliverables) Task: 3 (a)
Quarterl Re ort 1 11/1/13 12/1/13
Reporting (Deliverables) Task: 3 (a)
Quarterl Re ort 2 2/1/14 3/1/14
Reporting (Deliverables) Task: 3 (a)
Quarterl Re ort 3 4/1/14 5/1/14
Reporting (Deliverables) Task: 3 (b)
Annual Re ort 7/1/14 8/1/14
Year 3
Im lementation & Maintenance Task: 1 (e) 8/2/14 6/30/15
Im lementation & Maintenance Task: 1 () 11/1/14 12/15/14
Project Monitorin Task: 2 (e-) 5/1/15 6/30/15
Reporting (Deliverables) Task: 3 (a)
Quarterl Re ort 1 11/1/14 12/1/14
Reporting (Deliverables) Task: 3 (a)
Quarterl Re ort 2 2/1/15 3/1/15
Reporting (Deliverables)Task: 3 (a)
Quarterl Re ort 3 4/1/15 5/1/15
Re ortin (Deliverables) Task: 3 (c) Final Re ort 7/1/15 8/1/15
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Two Party Agreement Between City of Chula Vuta and RECONEnvironmental, Inc
for Biological Consulting Services Associated with the Otay Ranch Coastal Cactus Wren Habitat Restoration and Enhancement Program
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D. Date for completion of all Consultant services: August 1, 2015.
9. Materials Required to be Supplied by City to Consultant: None
10. Compensation:
A. OSingle Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant as herein required, City shall
pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set
forth below:
Single Fixed Fee Amount:
Milestone or Event or Deliverable
payable as follows:
Amount or Percent of Fixed Fee
() 1. Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereunder shall be considered as interest
free loans that must be returned to the City if the Phase is not satisfactorily
completed. If the Phase is satisfactorily completed, the City shall receive credit
against the compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at the end of
the phase, the full retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the City, or
such other person as the City Manager shall designate, but only upon such proof
demanded by the City that has been provided, but in no event shall such interim
advance payment be made unless the Consultant shall have represented in writing that
said percentage of completion of the phase has been performed by the Consultant.
The practice of making interim monthly advances shall not convert this agreement to
a time and materials basis of payment.
B. OPhased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined Services by Consultant as are
separately identified below, City shall pay the fixed fee associated with each phase of Services,
in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not
commence Services under any Phase, and shall not be entitled to the compensation for a Phase,
unless City shall have issued a notice to proceed to Consultant as to said Phase.
Phase
1.
Fee for Said Phase
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Two Par[y Agreement Between City of Chula Vista and RECONEnvironnrental, Inc
jor Biological Consulting Services Associated with the Otay Ranch Coastal Cactus Wren Habitat Restoration and Enhancement Program
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_ __
2. $
3. $
() 1. Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereunder shall be considered as interest
free loans that must be returned to the City if the Phase is not satisfactorily
completed. If the Phase is satisfactorily completed, the City shall receive credit
against the compensation due for that phase. The retention amount or percentage set
forth in Paragraph 18 is to be applied to each interim payment such that, at the end of
the phase, the full retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the City, or
such other person as the City Manager shall designate, but only upon such proof
demanded by the City that has been provided, but in no event shall such interim
advance payment be made unless the Consultant shall have represented in writing that
said percentage of completion of the phase has been performed by the Consultant.
The practice of making interim monthly advances shall not convert this agreement to
a time and materials basis of payment.
C. (X) Hourly Rate Arrangement
For performance of the Defined Services by Consultant as herein required, City shall pay
Consultant for the productive hours of time spent by Consultant in the performance of said
Services, at the rates or amounts set forth in the Rate Schedule herein below according to the
following terms and conditions:
Rate Schedule
Category of Employee Name of Consultant Hourly Rate*
Principal Robert MacAller-Recon Environmental Inc. $184.00
Senior Mark Dodero- Recon Environmental Inc. $150.00
Associate Erin McKinney- Recon Environmental Inc. $123.00
Assistant Beth Procsal- Recon Environmental Inc. $ 87.00
Field Director Ruth Vallejo- Recon Environmental Inc. $115.00
Field Crew Chief Various- Recon Environmental Inc. $46.00
Field Technician Various- Recon Environmental Inc. $34.00
GIS Specialist Sean Bohac- Recon Environmental Inc. $81.00
Production Specialist Greg Kazmer- Recon Environmental Inc. $54.00
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Two Party Agreement Between City of Chula Puta and RECONEnvironmental, Inc
for Biological Consulting Services Associated with the Otay Ranch Coastal Callus R'ren Habitat Restoration and Enhancement Program
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(1) (X)Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant will perform all of
the Defined Services herein required of Consultant for $182,282.00, including all
Materials, and other "reimbursables" (Maximum Compensation). The budget for each
task specified in Section 8A shall not exceed the amounts listed in the Maximum Budget
by Task Table below:
Maximum Compensation by Task Table
Task Name / Total Project Year 1
Task Number Costs Bud et
Implementation & Maintenance $118,022 $72,690
Task 1 (a-e)
,Project Monitoring $35 882 $14,418
Task 2 (a-g)
Reporting (Deliverables) $20,178 $7,760
Task 3 (a,b
Misc. Consultant Expenses $8,200 $4,500
Task 4a
Year 1 Maximum Budget $99,368
Task Name / Total Year 2
Task Number Project Costs Bud et
Implementation & Maintenance $118,022 $24,424
Task 1(e,
Project Monitoring $35 882 $10,896
Task 2 (e- )
Reporting (Deliverables) $20,178 $6,508
Task 3 a,b
Misc. Consultant Expenses $8 200 $2,200
Task 4a
Year 2 Maximum Budget $44,028
Task Name / Total Year 3
Task Number Pro'ectCosts Bud et
Implementation & Maintenance $118,022 $20,908
Task 1 e,
Project Monitoring $35 882 $10,568
Task 2 e-
Reporting (Deliverables) $20 178 $5,910
Task 3 (a,c)
Misc. Consultant Expenses $8 200 $1,500
Task 4a /Misc. Consultant Ex enses
Year 3 Maximum Budget $38,886
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Two Party Agreement Between City of Chula Vista and RECON Environmental, Inc
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(2) ()Limitation without Further Authorization on Time and Materials Arrangement
At such time as Consultant shall have incurred time and materials equal to
$ (Authorization Limit), Consultant shall not be entitled to
any additional compensation without further authorization issued in writing and approved
by the City. Nothing herein shall preclude Consultant from providing additional Services
at Consultant's own cost and expense. See Exhibit B for wage rates.
()Hourly rates may increase by 6% for services rendered after [month], 20, if delay
in providing services is caused by City.
11. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the performance of services
herein required, City shall pay Consultant at the rates or amounts set forth below:
(X)None, the compensation includes all costs.
()
()
()
()
()
()
()
()
Reports, not to exceed $_
Copies, not to exceed $_
Travel, not to exceed $_
Cost or Rate
Printing, not to exceed $ $.
Postage, not to exceed $ $.
Delivery, not to exceed $ $.
Outside Services: $
Other Actual Identifiable Direct Costs: $
not to exceed $ $
,not to exceed $ $
12. Contract Administrators:
City: Glen Laube
Associate Plarmer
276 Fourth Avenue
Chula Vista, CA 91910
Voice Phone: (619) 691-5005
Fax Phone: (619) 409-5859
Consultant: Robert McAller
1927 Fifth Avenue
San Diego, CA 92101-23 5 8
Voice Phone: (619) 308-9333
Fax Phone: (619) 308-9334
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Two Party Agreement Between City of Chula Vista and RECONEnvironmental, InG
for Biological Consulting Services Associated with the Otay Ranch Coastal Cactus Wren Habitat Restoration and Enhancement Program
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13. Liquidated Damages Rate:
()$
()Other:
per day.
14. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest
Code (Chula Vista Municipal Code chapter 2.02):
(X)Not Applicable. Not an FPPC Filer.
O FPPC Filer
()Category No. 1. Investments, sources of income and business interests.
() Category No. 2. Interests in real property.
()Category No. 3. Investments, business positions, interests in real property, and
sources of income subject to the regulatory, permit or licensing authority of the
department administering this Agreement.
()Category No. 4. Investments and business positions in business entities and sources of
income that engage in land development, construction or the acquisition or sale of
real property.
()Category No. 5. Investments and business positions in business entities and sources
of income that, within the past two years, have contracted with the City of Chula
Vista or the City's Redevelopment Agency to provide services, supplies, materials,
machinery or equipment.
()Category No. 6. Investments and business positions in business entities and sources of
income that, within the past two years, have contracted with the department
administering this Agreement to provide services, supplies, materials, machinery or
equipment.
()List Consultant Associates interests in real property within 2 radial miles of Project
Property, if any:
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Two Party Agreement Between City of Chula Prsta and RECONEnvironmental, Inc
for Biological Consulting Services Associated with the Otay Ranch Coastal Cactus Wren Habitat Restoration and Enhancement Program
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15. OConsultant is Real Estate Broker and/or Salesman
16. Permitted Subconsultants: None
17. Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
(X) Monthly
()Quarterly
()Other: _
B. Day of the Period for submission of Consultant's Billing:
()First of the Month
() 15th Day of each Month
(X) End of the Month
()Other:
C. City's Account Number: OP222
18. Security for Performance
Performance Bond, $
Letter of Credit, $_
)Other Security:
Type:
Amount: $
(X) Retention. If this space is checked, then notwithstanding other provisions. to the contrary
requiring the payment of compensation to the Consultant sooner, the City shall be entitled
to retain, at their option, either the following "Retention Percentage" or "Retention
Amount" until the City determines that the Retention Release Event, listed below, has
occurred:
(X) Retention Percentage: 10%
ORetention Amount: $
Retention Release Event:
(X) Completion of All Consultant Services
( )Other:
( )Other: The Retention Amount may be released on a monthly basis provided that
Consultant has performed said monthly services to the sole satisfaction of the Assistant City
Manager/Director of Development Services or his designee.
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Two Party Agreement Between City of Chula Vista and RECONEnvironmental, Inc
for Biological Consulting Services Associated with the Otay Ranch Coastal Cactus Wren Habitat Restoration and Enhancement Program
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