The URL can be used to link to this page

Home My WebLink AboutReso 1981-10540 Form No. 342 Rev. 2/76 RESOLUTION NO. 10540 RESOLUTION OF THE CITY COUNCIL OF-~E-CrTY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND PATRICIA WILLCOCKS, INDEPENDENT CONTRACTOR, FOR TECHNICAL SERVICES IN PREPARATION OF THE BICYCLE ROUTE FACILITIES REPORT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain agr~ement between THE CITY OF CHULA VISTA, a municipal corporation, and PATRICIA WILLCOCKS, independent contractor, for technical services involved in preparation of a report and modifications to the Bicycle Element of the General Plan dated the 7th day of July , 19 81 ,a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the sum of $3,200.00 is hereby authorized to be expended from CIP Project LTF-OS to cover the cost of such agreement. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by --//_--- ~ ,~-~~,~,- f .\ - ,- / John P. /J _'\ Lippitt, City Engineer George D. Lindberg, City Attorney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 7th day of Jul y , 19.J!L, by AYES: Councilmen Scott, Hyde, Gillow, Cox, McCandliss None NAYES: Councilmen ABSENT: Councilmen None 0..)~ ---rIM Mayor of the City of Chula Vista ATTEST~J~' ?1l r#:/4~ V C~ ty Cle e:f STATE OF CALIFORNIA) COU~ry OF SAN DIEGO) ss. CITY OF CHULA VISTA) I, of Chula Vista, California, DO HEREBY CERTIFY true and correct copy of Resolution No. not been amended or repealed. DATED , City Clerk of the City that the above is a full, , and that the same has City Clerk CITY OF CHULA VISTA ENGINEERING DEPARTMENT AGREEMENT FOR TECHNICAL SERVICES INVOLVED IN PREPARATION OF A REPORT AND MODIFICATIONS TO THE BICYCLE ELEMENT OF THE GENERAL PLAN This Agreement is made this 7th day of July, 1981, at the City of Chula Vista, County of San Diego, State of California between the City of Chula Vista, hereinafter called City, and the independent contractor, Patricia Willcocks, hereinafter called Contractor. ~ City is engaged in part in providing safe and practical bicycle route facilities in the City of Chula Vista, State of California. 1. NATURE OF AND PLACE OF SERVICE City does hereby engage and hire Contractor to complete City's bicycle route facilities study, gather additional data as necessary, evaluate data, gather public input and other related activities required to complete a formal report including a proposed modification of the Bicycle Element of the General Plan, and Contractor does hereby accept and agree to such hiring and engagement. Contractor's report shall be in essential conformity with the report outline attached as Exhibit "A". The Contractor's professional services shall be coordinated with related City Engineering staff activities. The Contractor shall seek the City Engineer's counsel on technically or politically controversial issues. It is further understood and agreed that services provided herein are provided by the Contractor in the capacity of independent contractor and that no employer/employee relationship exists by virtue of this agreement. Work by the Contractor is generally to be performed on a full-time basis at City engineering offices so as to permit easy access to City files and records, and to facilitate ongoing coordination with related City activities. City will provide suitable work space, supplies, secretarial and duplicating services. Contractor will supply bicycle for field research as needed. 2. PERFORMANCE OF DUTIES TO REASONABLE SATISFACTION OF CITY/TERMINATION OF AGREEMENT Contractor agrees that she will at all times faithfully, industriously, and to the best of her ability, experience and talent, perform the duties that may be required of and R-10540 1 from her pursuant to the express and implicit terms hereof to the reasonable satisfaction of the City. . Either party to this Agreement may terminate such Agreement through serving written notice upon the other party at least one week in advance of the intended date of termination. In the event of termination prior to completion of the work the full amount due shall be based upon an hourly rate of $10.00 for all work and a mutually agreeable determination of hours spent upon the project by the Contractor. For reason of accountability relative to the Local Transportation Fund grant monies the Contractor agrees to maintain and submit a log of her work-related activities. Such log shall be submitted to the City Engineer on a weekly basis. The Contractor's log may be accepted as evidence of time spent in the event of termination. 3. DURATION OF CONTRACT The duration of this contract shall be for a period of up to forty full-time working days, commencing on the first working day following approval of this Agreement and terminating on September 1, 1981 or upon the completion date of the project; whichever occurs first. 4. PAYMENT AND REIMBURSEMENT City shall pay Contractor a total amount of $3,200.00 payable at the rate of $800.00 per installment due on July 16, July 30, August 13 and September 4, 1981. 5. COMMITMENTS BINDING ON CITY ONLY ON WRITTEN CONSENT. Anything herein contained to the contrary notwithstanding, it is expressly understood and agreed that Contractor shall not have the right to make any contracts or commitments for or on behalf of City without the written consent of City. 6. WAIVER OR MODIFICATION INEFFECTIVE UNLESS IN WRITING. It is further agreed that no waiver or modification of this agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be changed therewith and that no evidence in any proceeding, arbitration, or litigation between the parties hereto arising out of or affecting this agreement, or the rights or obligations of any party hereunder, unless such waiver or modification is in writing, duly executed as aforesaid, and the parties further agree that the provisions of this paragraph may not be waived except as herein set forth. R - / OS 40 2 7. CONTRACT GOVERNED BY LAW OF STATE OF CALIFORNIA .. The parties hereto agree that it is their intention and covenant that this agreement and performance hereunder and all suits and special proceedings hereunder be construed in accordance with and under and pursuant to the laws of the State of California and that in any action, special proceeding, or other proceeding that may be brought, arising out of, in connection with, or by reason of this agreement, the laws of the State of California, shall be applicable and shall govern to the exclusion of the law of any other forum, without regard to the jurisdiction in which any action of special proceeding may be instituted. APPROVED AS ~~torn~y WUYLl ..~ City of Chula V.s a ~~i~O\~ U\Q~'L~~ ntractor WEH;nr/DS-015 K- 105-10 3 EXHIBIT "A" CHULA VISTA PRELIMINARY BICYCLE FACILITIES REPORT OUTLINE I. Introduction A. Purpose/Need B. Definitions C. Funding/Council Direction/Requirements of State Law . II. Basic Requirements of a Bike System A. Utility/Convenience/practicality (1) Serves commonly desired destinations (2) Easily accessible from all areas with acceptable degree of "detouring" (3) Continuity of routes (4) Involves grades traversible by the average rider (5) Provides secure storage at popular destinations B. Safety (1) Avoids high volume, high speed situations where possible (2) Minimizes conflict with parked vehicles (3) Provides high visibility for cyclist (4) Provides paved width and/or stripes sufficient to establish a comfortable riding sJtuation C. Conformity with State Requirements III. Background A. Historical Development of Current Plan and Facilities B. Opinion Survey C. Bike Sales and Usage Trends in S. D. Metropolitan area D. Evaluation of the Current Plan IV. Developing a New Plan A. General Route Selection Criteria (l) Common Destinations (2) Continuity (3) Spacing and Detour Distance (4) General Road Classification (5) Recreation/Scenic Considerations (6) Relation to Regional Facilities R - / 05-1D 1 b. Specific Route Evaluation Factors (1) Grades (2) Road Widths/Lanes (3) Vehicle and Bicy(;le Counts (4) Accidents (5) ~and use, Adjacent Property (6) Parked Vehicle Densities (7) Unique Circumstances V. The plan E. The General Concept How it Relates to the "Basic Requirements of a Bike System" Major Modifications from the Old plan Adaptability as the City Grows (1) Extensions of the System (2) Local Facilities to be Required by the Developer Anticipated problem Areas (i.e. elimination of parking, fund ing) projected Influence of a Fuel Shortage . A. B. C. D. F. VI. Cost Parameters A. Initial Implementation Costs/Subsequent Phases B. Ongoing Costs (M&O) VII. Implementation A. Funding B. priorities C. Schedules D. Incentives/Developer Requirements E. Public Participation re Bike Storage F. General plan/Bicycle Element Changes G. Subdivision Ordinance Changes VIII. Maintenance A. Bike Routes B. Bike Pa r king IX. Education Programs X. Enforcement Programs 6-30-81 WEH r. - / 051 () 2