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HomeMy WebLinkAboutReso 1986-12349 RESOLUTION NO. 12349 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING WETLANDS RESEARCH, INC. AS THE CONSULTANT TO PREPARE ENHANCEMENT PLANS AND AUTHORIZING THE CONTRACT The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, authorization was given by the City Council to solicit proposals from firms qualified to prepare enhancement plans; and, WHEREAS, Wetlands Research Associates, Inc. was ranked the highest; and, WHEREAS, staff was directed to prepare a consulting contract. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby approves Wetlands Research Associates, Inc. as the consultant to prepare the Bayfront enhancement plans. BE IF FURTHER RESOLVED, that the City Council reserves the right to approve all subcontractors. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute the contract, attached as Exhibit A and incorporated herein as though fully set forth, between the City and Wetlands Research Associates, Inc. ~ii~~- ~~-]Appr°vod as to form by Community Development Director ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 28th doy of January 19 86 , by the following vole, to-wit: AYES: Councilmembers Malcolm, Moore, Scott, McCandliss, Cox NAYES: Councilmembers None ABSTAIN: Counci lmembers None ABSENT: Councilmembers None ATTE~ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Visfd, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 12349 ,and that the same has not been amendedor repealed. DATED (seal) City Clerk CC-660 AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND WETLANDS RESEARCH ASSOCIATES, INC. FOR THE PROVISION OF CONSULTING SERVICES FOR PREPARATION OF COASTAL RESOURCE ENHANCEMENT PLANS THIS AGREEMENT, made and entered into this 28th day of January, 1986, by and between the CITY OF CHULA VISTA, hereinafter referred to as the "City," and WETLANDS RESEARCH ASSOCIATES, INC. hereinafter referred to as the "Consul rant." WHEREAS, it has been determined that it is in the best interest of the City to retain the professional services of a consultant to provide consulting services related to planning matters in Chula Vista Bayfront Area; and WHEREAS, the Consultant is qualified to act as consultant to the City in such a program; NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties hereto as fol 1 ows: 1. EMPLOYMENT OF CONSULTANT. The City hereby engages the services of the Consul rant. 2. TERM. Unless terminated or renewed, this Agreement is effective ~nning January 28, 1986, and shall remain in effect through August 15, 1986. 3. SERVICES. A review of available literature concerning the history ~ present functioning of Sweetwater Marsh, basic biological information necessary to evaluate habitat requirements of wetland species in the area, and previous San Diego Bay wetland restoration projects will be completed. Interviews and site visits will be used to obtain additional information. Site work will include a comparison of habitat conditions with those mapped in early reports resulting in the identification of any substantial changes in disturbance of the enhancement planning sites. General information for the area of the study will be summarized in a report to the City. The report will include general information on tidal range and inundation, sedimentation and erosion in the area, soil types and quality, water quality and supply, and general studies on the ecology of the area having an impact on the Sweetwater Marsh. The main body of the report will be keyed to individual sites considered for the study. The information for each site will be summarized in tables which will consider geographic, hydrographic, and biologic data. Tables will also be developed which define existing conditions in terms of wetland classification for various existing habitat types. In consultation with the City, the Bayfront Conservancy Trust, and Coastal Conservancy, the Consultant will form an advisory committee during the initial phases of the project. The time frame of the project and the size of the advisory committee will preclude establishment of regular working meetings. The City in cooperation with the Coastal Conservancy, and the Bayfront Conservancy Trust will be charged with regular review of the design effort. The Consultant will be in regular contact with the City, Coastal Conservancy, and Bayfront Conservancy Trust. In addition, the Consultant will submit a monthly progress letter to the City for The letter will include project progress reports, information on when the Consultant will be in the San Diego area, and review. dates for decision-making steps. The City will return the approved draft to the Consultant for distribution. The physical and biological constraints on habitat objectives will be identified. The opportunities and constraints phase of.the project will involve substantial hydrographic work in order to define the range of conditions occurring on and adjacent to the sites scheduled for enhancement. In addition, biological constraints may exist, particularly the identification of impacts on existing natural resources on the site resulting from a restoration plan. In addition, soil conditions, tidal ranges for target species, and habitat preferences set a limit on the range of restoration alternatives. Some of the issues which will be studied and included in this phase are presented below: 1. Hydrologic methods a) Storm runoff calculations to determine the size of culverts needed to pass a design storm, and the size of ponds or detention basins. Storm hydrographs will be calculated using the SCS triangular hydrograph method. Instantaneous and peak flows determine the size of culverts that must be installed, but runoff volume determines the maximum water surface elevation in a marsh basin. Since a worst case for flooding involves a combination of storm runoff with a high tide, we will "route" several 6 hour storms through the Freshwater marsh and F-G St. Marsh against various high tides. The MPOND model will allow us to calculate water surface elevations in interconnected marsh basins as a function of starting water surface elevation, stage- capacity relationship, runoff, tides, and control structure design. b) Tidal influence is determined from existing tide records, adjusted for local conditions. No doubt the tidal range in the F-G St. Marsh is greatly attenuated. The attenuation of high tides will be measured with simple maximum water level recorders and staff gauges at three locations. The tidal elevation and frequency of curves for San Diego will be plotted and the curves in the upper range will be adjusted by fitting them through the local MHW and MHHW. The duration curve will provide a basis for determining elevations for vegetation establishment. The tidal frequency curve will provide a basis for estimating the recurrence interval of combined high tide and high storm runoff. c) Freshwater supply and demand is influenced by runoff, supplemental supply and evapotranspiration. The freshwater requirements for the F-G St. Marsh will be determined using a simple water and salt balance computer model. d) Mosquito control is largely a matter of maintaining adequate circulation, and water conditions favorable to Gambusia {mosquito fish). Turn-over time for both salt and ~er marshes will be estimated and the need for circulation in planning the grading of marsh channels will be taken into account. e) Sedimentation is largely determined by the degree of disturbance in the marsh watersheds. The potential annual yield will be approximated from data for other disturbed watersheds with similar soils in San Diego County. 2. Biological methods a) ~. for the area provided by the Soil Conservation Service will be evaluated and local conditions in areas of disturbance assessed. In areas where excavation is necessary, subsurface soils will be sampled to determine characteristics which may limit plant establishment. Soils may need to be stockpiled for use at other locations in the wetland system. b) Water quality data will be collected from the literature to determine the salinities expected to occur at the site under various flow conditions. Climatic data coupled with estimates of transpiration can give some indication of possible soil salinities which would occur under given hydrographic conditions. Water quality of projected urban runoff {both point and nonpoint sources) will need to be included in an analysis of constraints. -3- c) Tidal inundation periods for various wetland plants will be determined in order to establish the tidal ranges which must be incorporated into the design. Much of this data is available in a community profile for southern California wetlands prepared by Zedler (1982). In addition, specific conditions on the site which may modify tidal elevations for various species will be assessed. d) Endangered species which currently use the sites deserve special attention in any plan to modify present conditions. Numbers and location of individuals, seasonality of use (where applicable), and sensitivity to disturbance will need to be determined before developing restoration plans. Equally important is the location of feeding and roosting sites which should be preserved. e) Marsh vegetation. . replantin. ~ projects which, have been completed w~thln the San Diego Bay region will need to be assessed. Certain limitations may apply to the time of year for optimal planting, the availability of plants or seeds, and the conditions under which establishment is successful. Public access and planned development around the five sites will also be considered in the enhancement planning process. Coastal access goals and buffer requirements will be reviewed in order to determine optimal location for various habitats. The identification of these constraints will be summarized in a report made available to the City, Coastal Conservancy, and Bayfront Conservancy Trust. The City will make the report available to the advisory board. As with the report on available literature, the contents will be keyed to each of the five sites. Comments will be requested, particularly in areas of consistency with approved and projected Bayfront plans. Specific design objectives for each site will be formulated incorporating the available information and site opportunities and constraints previously identified. The Bayfront Specific Plan as approved by the California Coastal Commission will be used to guide the planning process. Minor modifications to the adopted Local Coastal Program may be considered by the City if the Land Use Plan and/or Specific Plan conflict with habitat objectives generated during this study. The design objectives will be developed from the habitat requirements of the priority species. It is likely that not all priority species habitat requirements can be met within the 40 acres being planned in this project and therefore decisions will be required as to the best use for each site to meet critical -4- needs. Differences between the objectives estab]ished in this phase and those already approved by the B~yfront Plan will be reconci]ed by working with the City in cooperation with the Coasta] Conservancy, and Bayfront Conservancy Trust. The final objectives wi]] be consistent with the certified Local Coastal Program. A report and presentation will be made to the advisory committee which identifies habitat objectives within the framework of the opportunities and constraints for each site. Types and mix of various habitats, the amount of buffer area needed to protect the sites, and the degree of public access will be discussed during this presentation. Following the establishment of the site objectives, design alternatives will be developed as appropriate to each of the five locations. Each alternative will be identified as to the primary habitat goal, the estimated construction cost, estimated maintenance cost over 20 years, and the long-term ecological viability. Conceptual designs will be provided on scaled maps of the site. Acreages will be determined for the various alterations proposed and the resulting habitat sizes created. Costs for each of the recommendations will be estimated from: a) Excavation and re~radin~ will be Planned by first modifying the topographic map and then plotting the stage-area and stage-capacity curves for existing and modified conditions. The designed basins will be tested using the multipond model, and the volume of excavation calculated as the difference between the existing and designed stage-capacity curves. b) The cost of relocating Marina Parkway will b~ estimated, based on consultation with City public works engineers. c) Revegetation costs will be estimated from costs of previous projects conducted in the San Diego Bay area by the Port District and Caltrans. The recently completed restoration cost analysis completed for the State Coastal Conservancy will also be used to determine a range of reasonable construction costs. Where needed, discussions will be held with the Corps of Engineers, Caltrans, and the US Fish and Wildlife Service on the costs associated with projects on which they have been involved. The alternatives will be presented to the advisory committee following review and comment by the City in cooperation with the Coastal Conservancy, and Bayfront Conservancy Trust. The Consultant will work with the City in cooperation with the Coastal Conservancy, and Bayfront Conservancy Trust to reach a decision concerning the preferred enhancement design for each of the five sites. An administrative draft enhancement plan will be prepared for City review. It will present a detailed analysis for the final implementation plan. The analysis will refine design features, cost estimates, and maintenance procedures as outlined in the preceding tasks. Specific engineering details will be described including clean-up, excavation, inlet and outlet works, and revegetation procedures. The plan will also provide information on appropriate scheduling to avoid damage to existing wildlife. The administrative draft plan will include engineering drawings. The level of drawings will be sufficient for easy preparation of bid specifications by the City. This phase will be coordinated with the City Engineer. Included with the drawings will be cost estimates for the construction work. long-term maintenance of each site A management plan for the will be drafted for the City. The plan will include recommendations for monitoring that can be completed by City staff in order to assess maintenance problems. In addition, recommendations will be made concerning adjacent public access facilities, particularly their location and relationship to habitat protection. Following City review and approval of the administrative draft, revisions will be made and a draft enhancement plan will be issued. The Consultant reserves the right to remove its name from documents edited by the City. Following an adequate review period of the draft enhancement plans a final plan will be submitted to the City. Input will be solicited from advisory conmittee members. The Consultant will work with the City in cooperation with the Coastal Conservancy, and Bayfront Conservancy Trust to identify potential future enhancement projects in the Chula Vista Bayfront area. The Consultant will attend and testify at a total of four governmental agency hearings as requested by the City. In addition, the Consultant will attend up to ten meetings of the City, Coastal Conservancy, or Bayfront Conservancy Trust as requested by the City. RESPONSIBILITY OF THE CONSULTANT. {a) The Consultant shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all reports and other services furnished by the Consultant under this agreement, except that the Consultant shall not be responsible for the accuracy of information supplied by the City of Chula Vista. Any corrections required -6~ due to the City's inaccurate data or information shall be City's responsibility. {b) The Consultant shall perform such professional services as may be necessary to accomplish the work required to be performed under this agreement, in accordance with this agreement. (c) Inform the City of the identity and qualifications of all subconsultants as the City reserves the right to approve all subconsultants. 5. FEES. For the services listed above, the City agrees to pay the o~-6-~ultant an amount not to exceed $66,980. Fees will be charged on an hourly basis and will be billed monthly as the work progresses. An itemized description of all work for which disbursement is required shall be provided. Disbursement shall be made only for actual costs incurred during each month, less ten (10%). perCent This amount shall be due within 30 days from the date of receipt of ii by City. consultant may request disbursement of the invoice the The all previous amounts withheld in its final invoice. Consultant shall notify the City when payable fees incurred reach $43,000. At this point, the City reserves the option to temporarily suspend work or terminate this contract. In addition, Consultant shall notify the City when payable fees incurred reach $62,000. 6. APPROVAL. All reports, information, data, etc., given to or prepared or assembled by the Consultant under this agreement will be considered drafts and will be reviewed and approved by the City prior to distribution. All public agency contacts will be reviewed with the Community Development Director or designated staff member and the Consultant will provide a "Report of Conversation" form for all contacts made regarding the Enhancement Plans. 7. REPRESENTATIVES OF PARTIES TO AGREEMENT. The following are designated as representatives of parties to this agreement: (a) The City designates the Director of Community Development as its representative in all matters under this contract (except execution thereof) and all notices given to the City shall be so addressed. {b) Consultant designates Dr. Michael Josselyn as the representative under this contract and all notices sent to Consultant shall be addressed to the above designated representative at 4319 23rd Street, San Francisco, California 94114. -7- 8. TERMINATION. {a) This agreement may be terminated, in whole or in part, in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this agreement through no fault of the terminating party, provided that no such termination may be effected unless the other party is given (1) no less than thirty (30) days written notice {delivered by certified mail, return receipt requested) of the intent to terminate and (2) an opportunity for consultation with the terminating party prior to termination. (b) If termination under (a) is effected by the City, the Consultant shall be entitled to payment of the reasonable value of services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by the Consultant relating to commitments which had become firm prior to the termination. (c) If termination under (a) is effected by Consultant, the Consultant shall be entitled to payment of the reasonable value of services rendered and expenses incurred prior to the termination. (d) Upon receipt of a termination notice pursuant to (a), above, the Consultant shall (1) promptly discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been intended to be used in report preparation by the Consultant in performing this agreement, whether completed or in process. (e) Upon termination pursuant to (a), above, the City may take over the work and contract with another party to complete the work. (f) The rights and remedies of the City and the Consultant provided in this clause are in addition to any other rights and remedies provided by law or under this agreement. 9. ASSIGNMENT. Neither this agreement nor any duties or obligations hereunder shall be assignable by the Consultant without prior written consent of the City. In the event of an assignment by the Consultant to which the City has consented, the assignee or his legal representative shall agree in writing with the City to personally assume, perform, and be bound by the covenants, obligations, and agreement contained herein. 10. SUCCESSORS AND ASSIGNS. Subject to the provision regarding assignment, this agreement shall be binding on the heirs, executors, administrators, successors, and assigns of the respective parties. -8- ll. ATTORNEY'S FEES. If any action at law or inequity is brought to enforce or interpret the provisions of this agreement, the prevailing party shall be entitled to reasonable attorney's fees in addition to any other relief to which it may be entitled. 12. MODIFICATION OF AGREEMENT. This Agreement may be amended by reason of changes in the scope of the project as described herein and the amount of any adjustment shall be determined by negotiations to the mutual satisfaction of the City and the Consultant. 13. INDEMNITY. The City, its agents, officers and employees, shall not ~-~-)T~l-d-~iable for any claims, liabilities, penalties, fines or for damage to any goods, properties or effects of any person whatsoever, nor for personal injuries to or deaths of any of them, whether caused by or resulting from any acts or omission of the contractor or its agents, employees or representatives. The Consultant further agrees to indemnify and save free and harmless the City and its authorized agents, officers, and employees against any of the foregoing liabilities and any cost and expenses incurred by the City on account of any claim therefor. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the da)' and year first hereinabove set forth. THE CITY OF CHULA VISTA CONSULTANT ~ ~, ~/ Wetlands ~/~search A~socia%e~ L/ ~ ~ Presid~ / / ~mcr e~r~'f~e~'~ ~/ City Clerk ' WPC 2048H -9-