HomeMy WebLinkAbout2009/04/21 Item 6
CITY COUNCIL
AGENDA STATEMENT
~\'f:. CITY OF
. ~-: CHULA VISTA
ITEM TITLE:
SUBlVllTTED BY:
REVIEWED BY:
. APRIL 21, 2009, Item~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VIST A RATIFYING Ai'ID APPROVING SUBNIITT AL OF
A GRANT APPLICATION TO THE SA.N DIEGO ASSOCIATION
OF GOVERJ.'-iNIENTS TO SUPPORT A MULTI-YEAR LAl\fD.
l\IIANAGEMENT PROGRAM TO RESTORE Ai'ID ENHANCE
DEGRADED COASTAL CACTUS WREN HABITAT WITHIN
THE CHULA VISTA MULTIPLE SPECIES CONSERVATION
PROGRA1\1 SUBAREA PLAN CENTRAL CITY PRESERVE
MA1'\fAGEl\IIENT AREA
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING GRANT AGREEl\IIENT 5001130
BETWEEN THE SAN DIEGO . ASSOCIATION OF
GOVERNMENTS .MTI THE CITY OF CHULA VISTA
REGARDING CACTUS WREN HABITAT RESTORATION
("AGREEl\IIENT") AND AUTHORIZING THE CITY MANAGER
TO EXECUTE; THE AGREEMENT AND ALL RELATED
DOCUMENTS IN CONJUNCTION WITH INIPLENIEN1'ING THE
AGREEMENT
RESOLUTION OF THE CITY COlJNCIL OF THE CITY OF
CHULA VIST A WANING THE FORMAL CONSULTANT
SELECTION PROCESS, AND APPROVING A TWO-PARTY
AGREEMENT BETWEEN THE cm- OF CHULA VISTA. A.l\ID
RECON ENVIRONMENTAL INC. ("CONSULTANT"), TO
PERFORM BIOLOGICAL CONSULTING SERVICES FOR THE
CENTRAL CITY COASTAL CACTUS WREN HABITAT
RESTORATION Ai'ID ENHAi"\fCEMENT PROGRAM
("AGREENIENT") AND AUTHORIZING THE CITY MANAGER
TO EXECUTE THE AGREEMENT Ai'ID ALL RELATED
DOCUMENTS IN CONJUNCTION WITH INIPLEMENTING THE
AGREEMENT
g~ZiO~~MAi'\fAGER / DEVELOPMENT SERVICES
CITY l\IIANAG
.I )
4/5THS VOTE: YES D NO 0
6-1
APRIL 21, 2009, Item~
Page 2 of 4
SUMlVIARY
On September 26, 2008, the San Diego Association of Governments (SANDAG) approved
the City's grant application requesting $373,048 of Trans net funding to support a multi-year
land management program to restore and enhance degraded coastal' cactus men habitat
within the City's Central City Preserve Management Area (Central City PMA), particularly
within Rice Canyon. The land management activities offered though this program are
essential for the prolongation of the coastal cactus men within the Central City PMA.
Tonight's actions would ratify and approve the application for grant funding, approve the
agreement between SANDAG and the City OfChula Vista to receive the grant funding, and
approve a two party agreement between Recon Environmental Inc. to conduct the work
included in the grant proposal.
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 l5304( d), the proposed project involves minor alterations in lands within an
existing officially designated wildlife management area (i.e., Chula Vista MSCP Central
City Preserve Management Area) for purposes of improving existing wildlife habitat and
resources. Thus, no further environmental review is necessary.
RECOMMENDATION
That Council:
1. Adopt the Resolution ratifying and approving submittal of the grant application
(Exhibit 1).
2. Adopt the Resolution approving Grant Agreement 5001130 Between the San
Diego Association of Governments and the City of Chula Vista.
3. Adopt the Resolution approving the two-party agreement between the City of
Chula Vista and Recon Environmental Inc..
BOARDS/COMMISSION RECOlVIlYIENDA TION
Not Applicable.
DISCUSSION
On June 5, 2008, the City submitted a proposal to SMTIAG to receive grant funding to
implement a 5-year cactus wren habitat enhancement program designed to maintain and
increase suitable habitat for the Coastal cactus men in the City ofChula Vista's Multiple
Species ConserVation Program (MSCP) Centrai City Preserve Management Area (Central
City PMA). This enhancement project will focus on areas known to be occupied by
cactus wrens in the Rice Canyon area. On September 26, 2008, the San Diego
Association of Governments (SANDAG) unanimously approved the City's grant
6-2
APRIL 21, 2009, Item ~.
_.
Page 3 of4
application requesting $373,048 in grant funds to support the aforementioned habitat
restoration and enhancement program. Due to SA1'\IDAGs expeditious request for
proposal (RFP) process, staff was not able to present this proposal to City Council prior
to submittal to SA1'\IDAG. To reconcile this, Staff has included as an attachment to this
report, the original grant proposal and respectfully requests that through adoption of the
attached resolution, the City Council ratify and approve the grant application. Within the
Central City PMA, loss and degradation of cactus wren habitat is occurring due to weed
invasion, drought, and vegetation succession processes. The goal of this program is to
ensure the prolongation of the Coastal cactus wren through active management of
suitable cactus wren habitat, restore degraded and/or fragmented cholla patches, and
initiate activities to reduce edge effects associated with invasive species, uncontrolled
access, and reducing the risk of catastrophic fire. This program has been developed
consistent City's adopted habitat management plans to ensure that Chula Vista MSCP
Subarea Plan Covered Species are adequately protected.
Tonight's actions include the approval of the grant application, the agreement with
SA1'\IDAG to receive grant funds, a two-party agreement with Recon Environmental Inc.
to perform the work, and granting the City Manager authorization to execute the
. aforementioned agreements. Recon Environmental Inc. previously conducted the baseline
biological resources surveys for the Central City PMA as well as prepared the Central
City Area Specific Management Directives, which provide guidelines for the protection,
maintenance, and management of the biological resources contained within the Central.
City PMA to ensure that Covered Species are adequately protected. As such, included in
tonight's actions is a waiver of the City's formal consultant selection process to retain
RECON Environmental, Inc. Recon Environmental Inc. was solely selected based upon
their previous experience and unique understanding of the Central City PMA
DECISION lYIAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property
holdings within 500 feet of the boundaries of the property which is the subject of this
action.
FISCAL IMPACT
The City's acceptance of the grant funds will not have a negative impact to the General
Fund. Pursuant to the tirneframe specified in the Grant Agreement, implementation of the
program is scheduled to commence August of 2009 and continue for a period of up to
five years. Recognizing that this program will not incur any expenditures requiring
reimbursement until FY 2009/2010, an appropriation of these funds is not necessary at
this time. Appropriation of the $373,048 will be included as part of the budget for FY
2009/2010. The awarded grant funds are sufficient cover the City's administrative costs
and staffmg associated with managing this program and retain a biological consultant to
execute the program for a period of up to five years. Of the $373,048 grant funds,
$334,700 will be allocated to support the biological consultant to perform the necessary
habitat restoration and provide routine maintenance and monitoring activities.
6-3
APRIL 21, 2009, Item.-L
Page 4 of 4
The balance of the award, $38,348 will support City administrative costs related to
project management. A breakdown of expected costs per year is provided in Attaclunents
lA and IE.
ATTACHMENTS
Attaclunent lA: Approved SAi'-iTIAG Project Budget (Grant Award).
Attaclunent lB: Project Budget for Biological Consulting Services
Exhibit 1:
Grant Proposal for 08/09 SANDAG Land Management Funding
Exhibit 2:
Grant Agreement 5001130 Between the San Diego Association of
Governments and the City Of Chula Vista Regarding Cactus Wren
Restoration
Exhibit 3:
2-Party Agreement between City ofChula Vista and RECON
Environmental Inc.
Prepared by: Glen Laube, Senior Planner, Advanced Planning
6-4
1t41lH-i~J \ f
[XIIIBIT B...
APPROVED PROJECT BUDGET.
(Including SANDAG Amount Awarded and Proposed Matching Funds)
Site Preparation (Dethatching/Removal)
Follow-up herbicide Treatment
Cactus Planting
Maintenance
Monitoring
Reporting
City of Chula Vista Contract Administration
Consultant Expenses (Plant production, herbicide, printing, etc)
$73,400
$12,400
$22,600
$23,100
$17,900
$9,000
$9,360
$24,000
Maintenance
Monitoring
Reporting .
City of Chula Vista Contract Administration
Consultant Expenses (Herbicide, Printing, etc)
Subtotal
$27,000
$7,600
$7,700
$7247
$2,000
Maintenance
Monitoring
Reporting
Consultant Expenses (Herbicide, Printing, etc)
City of Chula Vista Contract Administration
$21,600
$7,800
$7,900
$1,000
$7247
Maintenance
Monitoring
Reporting
Consultant Expenses (Herbicide, Printing, etc)
City of Chula Vista Contract Administration
$16,200
$8,100
$8,200
$1000
$7247
Maintenance
Monitoring
Reporting
Consultant Expenses (Herbicide, Printing, etc)
City of Chula Vista Contract Administration
$16,800
$8,400
$10,000.
$1,000
$7247
16
6-5
6-6
Exh;b;t1-
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...............~~
- ~ -
em OF
CHULA VISTA
PLANNING & BUILDING DEPARTMENT
June 5, 2008
Keith Greer
SANDAG
401 B Street, Suite 800
San Diego, CA 92101-4231
SUBJECT: Grant Proposal for FY 08 land Management Funding
Dear Mr. Greer,
The City of Chula Vista is pleased to submit this proposal to the San Diego Association of
Governments (SANDAG). With this proposal, the City is requesting funding in the amount of
$373,048 to support a 5-year restoration and enhancement program targeted at restoring
'degraded coastal cactus wren habitat within the City's Central City Preserve, The City firmly
believes that the culminating results of the land management activities offered though this
proposal are essential for the prolongation of the costal cactus wren and would reduce the
vulnerability of this species to extirpation.
The requested funds would be used to actively manage suitable cactus wren habitat, restore
degraded or fragmented cholla patches, and to initiate activities to reduce edge effects
associated with invasive species, uncontrolled accl','ss, and risk of fire.
As a participating jurisdiction under the NCCP Program, the City is eager to collaborate with
SANDAG to promote regional habitat conservation efforts. If you have questions regarding the
City's ~r osal, or require additional information, please contact me at (619) 476-2329, Thank
you ve much for your consideration of this proposal.
~
sinc,,~'i \
~llA j)j lW~L
~~b~~
Senl r Planner
Enclosures:
1. Project Submission Form
2. Proposal and Scope
3. Central City Preserve ASMDs
4. Central City Baseline Biological Report
276 Fourth Avenue' MS P-101
(hula Vista, CA 91910
6-7
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PRIDE
AT WORK
www.chulavistaca.gov
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PROJECT SUBMISSION FORM
For Consideration for TransNet Environmental Mitigation Program (EMP) Funding
for Land Management
(FY 2008 Funding Only)
General Information on the Property (Click on the fields below to begin typing. Please use as much
space as is needed. Attach to front of Proposal).
Applicant Name: City of Chula Vista
Address: 276 Fourth Avenue
Name of Property: City of Chula Vista Central City Preserve (Preserve Management Area 1)
General Location: PMA 1: East of Interstate 80S, south of Bonita Road and Otay Lakes Road, and
north of East H Street.
Jurisdiction: City of Chula Vista
Total Acres: The Central City Preserve covers approximately 1,350 acres and is subdivided
further into four Preserve Management Areas.
Acres Requiring Management:
Management activities will be undertaken on approximately 10
acres located within the 502-acre PMA 1 subunit.
Owner(s) of Property:
City of Chula Vista
Land Manager(s) of Property (include name(s), years of experience managing habitat lands, existing land
management responsibilities, and references): The Central City Preserve is owned by the .City of
Chula Vista and managed in accordance with the Central City Preserve Area Specific Management
Directives (ASMDs) by the City's Public Works Operations Department. Management tasks
currently undertaken consist primarily of Priority 1 general maintenance tasks, including: removal
of trash and debris, maintenance of public trails and fences, implementation of security programs
to curtail illegal activities, and limited weeding along the Preservelurban interface.
** If the applicant is not the landowner, please submit a letter or right-of-entry permit from the land owner
granting permission to perform the land management'duties as outlined in the application. Failure to
provide the letter or right-of-entry permit will lead to disqualification of the application.
Proposal and Scope of Work: Please provide a 3-5 page proposal and scope of work (not including
attachments) identifying the goals of the project, proposed tasks to implement these goals, funding
requested for each task (please identify staff hours and cost separately for consultants and materials),
start and end dates of the tasks, deliverables and dates of deliverable. Please provide a letter-sized map
showing the general location of the property and a copy of the habitat management plan, if available.
Applicants are encouraged to Identify phasing in their proposal in case full-funding for the project
is not available.
6-8
FundinQ Needs
1. How much money is being requested for this year? The proposed project consists of a multi-year
(S-year) strategic approach to restore and enhance degraded coastal cactus wren habitat
within a portion of the City's Central City Preserve. The total amount being requested to
implement this proposal is $373,048. Please refer to the attached scope of work for a detailed
break down of costs per year.
2. Are there matching funds available? 0 Yes or ~ No
If yes, please provide the source of funds and dollar amount: $
Funding available from the Central City districts does not currently provide for restoration
activities. In order to minimize the monetary costs of routine, simple maintenance tasks such as
litter removal, the City will continue to seek opportunities involving local, subregional, or regional
programs that promote and feasibly use volunteer services.
Opportunities to potentially offset maintenance expenditures exist via collaborating with volunteer
community groups such as the Friends of Rice Canyon. Along with the City's effort in managing
the existing habitat within the Central City Preserve, the Friends of Rice Canyon coordinate clean-
. up events in association with "I Love a Clean San Diego" - Creek to Bay Clean-up. The group
consists of volunteers who use and reside adjacent to the canyon. Their focus is on the removal
of trash and debris and invasive species, such as tamarisk and arundo within portions of the
canyon. The Friends of Rice Canyon have met with City Staff and the City's biological consultant
in order to receive' the proper instruction on removing and discarding of these invasive species.
Working in partnership with volunteer groups such as Friends of Rice Canyon would aid the City
in the maintenance of the open space, and allow maintenance and management funds to be used
for other Priority activities. Volunteers could assist with tasks such as weeding, native species
planting, and trash removal. Pesticide application may be implemented by volunteers; however,
an application license is required.
3. What management activities will be done on the property? Please list each activity and its associated
cost, and an implementation schedule including time frames for each activity (you may reference the
project's scope of work): Please refer to the attached project proposal.
4. Are there any federal or state permits required for these activities? 0 Yes or ~ No
If so, are there associated costs for these permits? 0 Yes or 0 No
If so, are the permit costs included in the request? 0 Yes or 0 No
Biolooical Sionificance.
1. Does the property support or did it support natural vegetation in a core area? ~ Yes or 0 No
If yes, list the habitats contained on the property:
The baseline biological surveys conducted within PMA 1 (RECON 2002 & 2003) identified nine
vegetation comm.unities and land cover types including: maritime succulent scrub, Diegan coastal
sage scrub, disturbed Diegan coastal sage scrub, southern willow scrub, native grassland,
freshwater marsh, non-native grassland, eucalyptus woodland, and disturbed. The acreages of
these vegetation communities within PMA 1 as follows:
2
6-9
Vegetation Type
Maritime succulent scrub
Diegan coastal sage scrub
Disturbed Diegan coastal sage scrub
Southern willow scrub
Native grassland
Freshwater marsh
Non-native grassland
Eucalyptus woodland
Disturbed
Total for PMA 1
Acres
149.5
297.0
8.5
16.8
15.0
0.3
2.1
0.7
12.7
502.6
Does the property contribute to the Natural Communities Conservation Program regional preserve
system? ~ Yes or 0 No
2. Is the property a linkage or regional wildlife corridor? ~ Yes or 0 No
3. Are there, or were there, significant populations of covered species or species proposed for coverage
by a habitat conservation plan? ~ Yes or 0 No
If yes, please list the species:
The Preserve areas in the City Planning Component, including PMA 1, consist primarily of coastal
sage and maritime succulent scrub and include known populations of narrow endemics including
Otay tarplant, San Diego thornmint, variegated dudleya, snake cholla, and other covered species
such as San Diego barrel cactus, Coastal cactus wren, coastal California gnatcatcher, as well as
many. other sensitive plants and animals. Sensitive plant and wildlife information is has been
provided in detail in the attached Baseline Biological Resources Report for the City.of Chula Vista
Central City Preserve Baseline Biological Survey (RECON 2002 & 2003).
Risk
1. Does the site suffer from natural, human, or domestic animal disturbance (e.g., off-road vehicle
use, grazing, fire, ftooding, and/or feral cats)? ~ Yes or 0 No
If yes, list the type(s) of disturbance: In the Central City Preserve, loss and degradation of
cactus wren habitat is occurring due to weed invasion, drought and vegetation succession
processes that crowd out coast cholla. Coastal cactus wren habitat is at risk of conversion over
the long term due to increasing dominance of shrubs, primarily lemonadeberry, within the coast
cholla patches. Lemonadeberry is capable of outcompeting cholla and over time is likely to
dominate areas formerly occupied by coast cholla. In addition to the direct competition effects
between coast cholla, the presence of large shrubs in the cholla patches not only increases the
risk of fire but also has the potential to make fires burn hotter than would otherwise be the case.
2. Do exotic, invasive species threaten the preserve? ~ Yes or 0 No
If yes, list the species: The major invasive exotic threats to native plant species in the
Central City Preserve Area are annual grasses and herbs, including bromes, wild oats, ryegrass,
other non-native annual grasses, and black mustard. These species quickly establish populations
in disturbed areas and the interface of disturbed areas and native habitat. Annual grasses and
black mustard invade native habitats and replace the native herbaceous understory species.
Additionally, at the end of the growing season of these non-natives, they dry out and provide
potential fuel. for wildfires.
Other invasive plant species pose a threat to native plant species, habitat structure, and wildlife
species populations. These species include tocolote, pampas grass, sweet fennel, ice plant,
tamarisk, hollow-stem asphodel, and filaree .The attached Baseline Biological Resources Report
Figures 5d-5f and 5j illustrate the locations of invasive exotic species identified in PMA 1.
3
6-10
3. Is there uncontrolled erosion? Uncontrolled access? (8J Yes or 0 No
If yes, identify the source if possible: Unauthorized vehicular access is controlled though
existing gates and or barriers installed at ingress/egress points along established public trails.
However, the developments surrounding PMA1 provide ample opportunities for the public to
access an extensive network of informal trails throughout PMA 1. As described in the attached
proposal, where opportunities exist, native brush piles and cactus cuttings will be used to
discourage unauthorized access by' closing off illegal trails.
. 4. Would the further degradation potential affect covered species? Is immediate action needed to
address a problem, or else the site would degrade further?
(8J Yes or 0 No
If yes, explain: In the Central City Preserve, loss and degradation of cactus wren habitat is .
occurring due to weed invasion, drought and vegetation succession processes that crowd out
coast cholla. Coastal cactus wren habitat is at risk of conversion over the long term due to
increasing dominance of shrubs, primarily lemonadeberry, within the coast cholla patches.
In addition to the direct competition effects between coast cholla, the presence of large shrubs in
the cholla patches not only increases the risk of fire but has the potential to make fires burn hotter
than would otherwise be the case. If fires are of sufficient heat intensity, chollas may be killed or
severely damaged. If that occurs, recovery of the cholla patches may not be possible or will take
many years without management intervention.
In the Preserve, control of weeds and selective thinning of native shrubs around cholla patches is
needed to reduce the risk of loss by wildfires and to minimize direct competition for light and
water. Because severe drought has caused many cholla to die, propagation of additional plants is
will increase the likelihood that cactus wren populations will persist over the long-term. This
cactus wren habitat enhancement program is designed to maintain and increase suitable habitat
for the cactus wren in the Preserve.
Cost-Effectiveness
1. Does the proposal use efficient and proven methods and/or strategies to address the land
management needs that would result in a high likelihood of success and reduce future land
management costs? (e.g., control of small outbreak of aggressive exotic species, fencing to prevent
damage to rare plant populations)
(8J Yes or 0 No
If yes, explain: The methods outlined in this proposal are similar to those used to
successfully restore cactus wren habitat in the Wolf Canyon area of nearby Otay Ranch. Weed
control and propagation of coast cholla from salvaged material has enabled cactus wrens to move
into and begin nesting in the restoration area formerly dominated by weeds (RECON, 2007 Otay
Ranch Village 1 Maritime Succulent Scrub Restoration Program Year'S Annual Report for Wolf
Canyon).
2. Does the proposal implement a strategic approach which covers large geographic areas (e.g.,
watershed or subwatershed extent) involving multiple partners and providing multiple benefits (e.g.,
part of a larger coordinated effort) (I.e., High Economy-of-Scale)? (8J Yes or 0 No
If yes, explain: The proposed project is a cactus wren habitat enhancement program has been
designed to maintain and increase suitable habitat for the cactus wren within the Central City
Preserve. This project is consistent with the management efforts prescribed in the City's MSCP
Subarea Plan and ASMDs. The City's MSCP Subarea Plan has been prepared to meet the.
req"uirements of the NCCP and serves to" implement the San Diego County MSCP Subregional Plan
for the regional preservation of natural vegetation communities.
4
6-11
Implementation of City's MSCP Subarea Plan and approved ASMDs will ensure that the biological
value of the Preserve is maintained and protected in perpetuity. In addition to the City's
obligations under the NCCP, the City, along with several other jurisdictions and non-governmental
organizations, are currently working together to develop a recovery strategy for the coastal cactus
wren. The results of these efforts are essential for the prolongation of the coastal cactus wren
and would reduce potential extirpation of this species..
3. How would the project result in measurable biological success to implement the Natural Communities
Conservation Program regional preserve system? What measurable results would be used to determine
success of the project? Explain: The project is designed to result in measurable success to
impleme!1t the NCCP by improving and increasing habitat for the coastal cactus wren that is in
severe population decline. Annual estimates of shrub and weed cover and density of cholla will be
conducted using the releve method. Repeat photographs will be taken annually to provide a visual
record of changes in the density and distribution of shrubs and cholla patches.
4. Would the project involve the public outreach/public participation to identify the land management
activities being funded and promote awareness of grant-funded project? ~ Yes or 0 No
If yes, explain: In addition to collaborating maintenance activities with the Friends of Rice
Canyon, the City would provide regular project updates during regularly scheduled MSCP
meetings including the NCCP Southern California Partnership, MSCP Implementing Coordinating
Committee (ICC), MSCP Monitoring Workgroup, MSCP Annual Workshop, and the MSCP Outreach
Committee. The various MSCP group meetings consist of members from the USFWS, CDFG,
Bureau of Land Management, .local participating agencies, private stakeholders, and members of
the general public. Through these meetings the City would discuss restoration and enhancement
methodologies, conservation techniques, and the results of our active management efforts in an
effort to provide meaningful educational information to the public about the importance of habitat
conservation and how it adds to their quality of life.
5
6-12
PROJECT SUBMISSION FORM
For Consideration for 'TransNet Environmental Mitigation Program (EMP) Funding
for Land Management
(FY 2008 Funding Only)
General Information on the Property (Click on the fields below to begin typing. Please use as much
space as is needed. Attach to front of Proposal).
Applicant Name: City of Chula Vista
Address: 276Fourth Avenue
Name of Property: City of Chula Vista Central City Preserve (Preserve Management Area 1)
General Location: PMA 1: East of Interstate 805, south of Bonita Road and Otay Lakes Road, and
north of East H Street.
Jurisdiction: City of Chula Vista
Total Acres: The Central City Preserve covers approximately 1,350.acres and is. subdivided
further into four Preserve Management Areas.
Acres Requiring Management:
Owner( s) of Property:
Management activities will be undertaken on approximately 10
acres located within the 502-acre PMA 1 subunit.
City of Chula Vista
Land Manager(s) of Property (include name(s), years of experience managing habitat lands, existing land
management responsibilities, and references): The Central City Preserve is owned by the City of
Chula Vista and managed in accordance with the Central City Preserve Area Specific Management
Directives (ASMDs) by the City's Public Works Operations Department. Management tasks
currently undertaken consist primarily of Priority 1 general maintenance tasks, including: removal
of trash and debris, maintenance of public trails and fences, implementation of security programs
to curtail illegal activities, and limited weeding along the Preserve/urban interface.
*' If the applicant is not the landowner, please submit a letter or right-of-entry permit from the. land owner
granting permission to perform the land management duties as outlined in the application. Failure to
provide. the letter .or right-of-entry permit will lead to disqualification of the application.
Proposal and Scope of Work: Please provide a 3-5 page proposal and scope of work (not including
attachments) identifying the goals of the project, proposed tasks to implement these goals, funding
requested for each task (please identify staff hours and cost separately'for consultants and materials), .
start and end dates of the tasks, deliverables and dates of deliverable. Please provide a letter-sized map
showing the general location of the property and a copy of the habitat management plan, if available.
Applicants are encouraged to identify phasing in their proposal in case fuff-funding for the project
is not available.
6-13
Fundina Needs
1. How much money is being requested for this year? The proposed project consists of a multi-year
(S-year) strategic approach to restore and enhance degraded coastal cactus wren habitat
within a portion of the City's Central City Preserve. The total amount being requested to
implement this proposal is $373,048. Please refer to the attached scope of work for a detailed
break down of costs per year.
2. Are there matching funds available? 0 Yes or ~ No
If yes, piease provide the source of funds and dollar amount: $
Funding available from the Central City districts does not currently provide for restoration
activities. In order to minimize the monetary costs of routine, simple maintenance tasks such as
litter removal, the City will continue to seek opportunities involving local, subregional, or regional
programs that promote and feasibly use volunteer services.
Opportunities to potentially offset maintenance expenditures exist via collaborating with volunteer
community groups such as the Friends of Rice Canyon. Along with the City's effort in managing
the existing habitat within the Central City Preserve, the Friends of Rice Canyon coordinate clean-
up events in association with "I Love a Clean San Diego" - Creek to Bay Clean-up. The group
consists of volunteers who use and reside adjacent to the canyon. Their focus is on the removal
of trash and debris and invasive species, such as tamarisk and arundo within portions of the
canyon. The Friends of Rice Canyon have met with City Staff and the City's biological consultant
in order to receive the proper instruction on removing and discarding of these invasive species.
Working in partnership with volunteer groups such as Friends of Rice Canyon would aid the City
in the maintenance of the open space, and allow maintenance and management funds to be used
for other Priority activities. Volunteers could assist with tasks such as weeding, native species
planting, and trash removal. Pesticide application may be implemented by volunteers; however,
an application license is required.
3. What management activities will be done on the property? Please list each activity and its' associated
cost, and an implementation schedule including time frames for each activity (you may reference the
project's scope of work): Please refer to the attached project proposal.
4. Are there any federal or state permits required for these activities? 0 Yes or ~ No
If 50, are there associated costs for these permits? 0 Yes or 0 No
if 50, are the permit costs included in the request? 0 Yes or 0 No
BioloaicalSianificance
1. Does the property support or .did it support natural vegetation in a core area? ~ Yes or 0 No
If yes, list the habitats contained on the property:
The baseline biological surveys conducted within PMA 1 (RECON 2002 & 2003) identified nine
vegetation communities and land cover types including: maritime succulent scrub, Diegan coastal
sage scrub, disturbed Diegan coastal sage scrub, southern willow scrub, native grassland,
freshwater marsh; non-native grassland, eucalyptus woodland, and disturbed. The acreages of
these vegetation communities within PMA 1 as follows:
2
6-14
Vegetation Type
Maritime succulent scrub
Diegan coastal sage scrub
Disturbed Diegan coastal sage scrub
Southern willow scrub
Native grassland
Freshwater marsh
Non-native grassland
Eucalyptus woodland
Disturbed
Total for PMA 1
Acres
149.5
297.0
8.5
16.8
15.0
0.3
2.1
0.7
12.7
502.6
Does the property contribute to the Natural Communities Conservation Program regional preserve
system? [8J Yes or 0 No
2. Is the property a linkage or regional wildlife corridor? [8J Yes or 0 No
3. Are there, or were there, significant populations of covered species or species proposed for coverage
by a habitat conservation plan? [8J Yes or 0 No
If yes, please list the species:
The Preserve areas in the City Planning Component, including PMA 1, consist primarily of coastal
sage and maritime succulent scrub and include known populations of narrow endemics including
Otay tarplant, San Diego thorn mint, variegated dudleya, snake cholla, and other covered species
such as San Diego barrel cactus; Coastal cactus wren, coastal California gnatcatcher, as well as
many other sensitive plants and animals. Sensitive plant and wildlife information is. has been
provided in detail in the attached Baseline Biological Resources Report for the City of Chula Vista
Central City Preserve Baseline Biological Survey (RECON 2002 & 2003).
Risk
1. Does the site suffer from natural, human, or domestic animal disturbance (e.g., off-road vehicle
use, grazing, fire, flooding, and/or feral cats)? 0 Yes or 0 No
If yes, list the type(s) of disturbance: In the Central City Preserve, loss and degradation of
cactus wren habitat is occurring due to weed invasion, drought and vegetation succession
processes that crowd out coast cholla. Coastal cactus wren habitat is at risk of conversion over
the long term due to increasing dominance of shrubs, primarily lemonadeberry, within the coast
cholla patches. Lemonadeberry is capable of outcompeting cholla and over time is likely to
dominate areas formerly occupied by coast cholla. In addition to the direct competition effects
between coast cholla, the presence of large shrubs in the cholla patches not only increases the
risk of fire but also has the potential to make fires burn hotter than would otherwise be the case.
2. Do exotic, invasive species threaten the preserve? [8J Yes or 0 No
If yes, list the species: The major invasive exotic threats to native plant species in the
Central City Preserve Area are annual grasses and herbs, including bromes, wild oats, ryegrass,
other non-native annual grasses, and black mustard. These species quickly establish populations
in disturbed areas and the interface of disturbed areas and native habitat. Annual grasses and
black mustard invade native habitats and replace the native herbaceous understory species.
Additionally, at the end of the growing season of these non-natives, they dry out and provide
potential fuel for wildfires.
Other invasive plant species pose a threat to native plant species, habitat structure, and wildlife
species populations. These species include tocolote, pampas grass, sweet fennel, ice plant,
tamarisk, hollow-stem asphodel, and filaree .The attached Baseline Biological Resources Report
Figures 5d-5f and 5j illustrate the locations of invasive exotic species identified in PMA 1.
3
6-15
3. Is there uncontrolled erosion? Uncontrolled access? k8l Yes or 0 No
If yes, identify the source if possible: Unauthorized vehicular access is controlled though
existing gates and or barriers installed at ingress/egress points along established public trails.
However, the developments surrounding PMA1 provide ample opportunities for the public to
access an extensive network of informal trails throughout PMA 1. As described in the attached
proposal, where opportunities exist, native brush piles and cactus cuttings will be used to
discourage unauthorized access by closing off illegal trails.
4. Would the further degradation potential affect covered species? Is immediate action needed to
address a problem, or else the site would degrade further?
k8l Yes or 0 No
If yes, explain: In the Central City Preserve, loss and degradation of cactus wren habitat is
occurring due to weed invasion, drought and vegetation succession processes that crowd out
coast cholla. Coastal cactus wren habitat is at risk of conversion over the long term due to
increasing dominance of shrubs, primarily lemonadeberry, within the coast cholla patches.
In addition to the direct competition effects between coast cholla, the presence of large shrubs in
the cholla patches not only increase.s the risk of fire but has the potential to make fires burn hotter
than would otherwise be the case. If fires are of sufficient heat intensity, chollas may be killed or
severely damaged. If that occurs, recovery of the cholla patches may not be possible or will take
many years without management intervention.
In the Preserve, control of weeds and selective thinning of native shrubs around cholla patches is
needed to reduce the risk of loss by wildfires and to minimize direct competition for light and
water. Because severe drought has caused many cholla to die, propagation of additional plants is
will increase the likelihood that cactus wren populations will persist over the long-term. This
cactus wren habitat enhancement program is designed to maintain and increase suitable habitat
for the cactus wren in the Preserve.
Cost-Effectiveness
1. Does the proposal use efficient and proven methods and/or strategies to address the land
management needs that would resuit in a high likelihood of success and reduce future land
management costs? (e.g., control of small outbreak of aggressive exotic species, fencing to prevent
damage to rare plant populations)
k8l Yes or 0 No
If yes, explain: The methods outlined in this proposal are similar to those used to
successfully restore cactus wren habitat in the Wolf Canyon area of nearby Otay Ranch. Weed
control and propagation of coast cholla from salvaged material has enabled cactus wrens to move
into and begin nesting in the restoration area formerly dominated by weeds (RECON, 2007 Otay
Ranch Village 1 Maritime Succulent Scrub Restoration Program Year 5 Annual Report for Wolf
Canyon).
2. Does the proposal implement a strategic approach which covers large geographic areas (e.g.,
watershed or subwatershed extent) involving multiple partners and providing multiple benefits (e.g.,
part of a larger coordinated effort) (Le., High Economy-of-Scale)? k8l Yes or 0 No
If yes, explain: The proposed project is a cactus wren habitat enhancement program has been
designed to maintain and increase suitable habitat for the cactus wren within the Central City
Preserve. This project Is consistent with the management efforts prescribed in the City's MSCP
Subarea Plan and ASMDs. The City's MSCP Subarea Plan has been prepared to meet the
requirements of the NCCP and serves to implement the San Diego County MSCP Subregional Plan
for the regional preservation of natural vegetation communities.
4
6-16
Implementation of City's MSCP Subarea Plan and approved ASMDs will ensure that the biological
value of the Preserve is maintained and protected in perpetuity. In addition to the City's
obligations under the NCCP, the City, along with several other jurisdictions and non-governmental
organizations, are currently working together to develop a recovery strategy for the coastal cactus
wren. The results of these efforts are essential for the prolongation of the coastal cactus wren
and would reduce potential extirpation of this species.
3. How would the project result in measurable biological success to implement the Natural Communities
Conservation Program regional preserve system? What measurable results would be used to determine
success of the project? Explain: The project is designed to result in measurable success to
implement the NCCP by improving and increasing habitat for the coastal cactus wren that is in
severe population decline. Annual estimates of shrub and weed cover and density of cholla will be
conducted using the releve method. Repeat photographs will be taken annually to provide a visual
record of changes in the density and distribution of shrubs and cholla patches.
4. Would the project involve the public outreach/public participation to identify the land management
activities being funded and promote awareness of grant-funded project? ~ Yes or 0 No
If yes, explain: In addition to collaborating maintenance activities with the Friends of Rice
Canyon, the City would provide regular project updates during regularly scheduled MSCP
meetings including the NCCP Southern California Partnership, MSCP Implementing Coordinating
Committee (ICC), MSCP Monitoring Workgroup, MSCP Annual Workshop, and the MSCP Outreach
Committee. The various MSCP group meetings consist of members from the USFWS, CDFG,
Bureau of Land Management, local participating agencies, private stakeholders, and members of
the general public. Through these meetings the City would discuss restoration and enhancement
methodologies, conservation techniques, and the results of our active management efforts in an
effort to provide meaningful educational information to the public about the importance of habitat
conservation and how it adds to their quality of life.
5
6-17
PROJECT PROPOSAL
5.Year Coastal Cactus Wren Habitat Restoration and Enhancement Program
for the Chula Vista Central City Preserve
Proiect Abstract
In the Central City Preserve, loss and degradation of cactus wren habitat is occurring due to
weed invasion, drought and vegetation succession processes that crowd out coast cholla.
Coastal cactus wren habitat is at risk of conversion over the long term due to increasing
dominance of shrubs, primarily lemonadeberry, within the coast cholla patches. Lemonadeberry
is capable of outcompeting cholla and over time is likely to dominate areas formerly occupied by
coast cholla.
In addition to the direct competition effects between coast cholla, weeds, and overgrown native
shrubs, the presence of large shrubs in the cholla patches will make future fires burn hotter than
would otherwise be the case. If fires are of sufficient heat intensity, chollas may be killed or
severely damaged. If that occurs, recovery of the cholla patches may not be possible or will take
many years without management intervention. After wildfires, populations of coastal cactus
wrens have severely declined due to lack of suitable nesting and foraging habitat.
In the Preserve, control of weeds and selective thinning of native shrubs around cholla patches
is needed to reduce the risk of loss by wildfires and to minimize direct competition for light and
water. Because severe drought has caused many cholla to die, propagation of additional plants
is will increase the likelihood that cactus wren populations will persist over the long-term. This
cactus wren habitat enhancement program is designed to maintain and increase suitable habitat'
for the cactus wren in the Preserve.
Central City Preserve-PMA Backqround
The Central City PMA is in the central portion of the City of Chula Vista (Figure 1) east of
Interstate 805 (1-805), south of State Route 54 (SR-54) and Bonita Road, and north of Otay
Lakes Road. The Central City PMA covers approximately 1,350 acres and is subdivided further
into four Preserve Management Areas for data management purposes and for the development
of the Areas Specific management Directives (ASMD's). PMA 1, PMA 2, PMA 3, and PMA 4
(Figure 2). Each PMA consists of a number of open space areas, referred to as subunits,
surrounded by residential development. Each of these subunits was assigned a number to
organize and distinguish each distinct survey area (Figure 3). The location of the proposed
cactus wren restoration and enhancement program are illustrated on Figure 3.
Purpose of the Area Specific Manaqement Directives Plan
Using the baseline biological information obtained through the California Natural Community
Conservation Plan (NCCP) grant funded special study, the Area Specific Management
Directives (ASMD's) plan provides guidelines for the protection, maintenance, and management
of preserved natural open space on Preserve Management Area 1 (PMA 1) of the Preserve.
The Preserve was created in response to the City of Chula Vista MSCP Subarea Plan as a
means to protect sensitive biological resources within the jurisdiction. The natural open space of
PMA 1 supports sensitive and depleted plant communities and species unique to the region.
MSCP covered flora and fauna species and sensitive habitats are the primary resources
identified for protection in this PMA.
6-18
Tarqet Species- Coastal cactus wren
The coastal cactus wren is a CDFG species of concern and is an MSCP covered species. The
coastal cactus wren ranges from southern Orange County.to northwestern Baja California.
Year-round residents, cactus wrens inhabit coastal lowlands containing thickets of cholla and
prickly pear cactus in coastal sage and maritime succulent scrub. They nest in the cactus and
can have multiple nests at any given time of year. The primary cause for the decline of this
species is habitat loss due to urbanization, fire, weed and shrub competition as well as loss of
'cholla patches from prolonged drought.
Bloloqical Siqnificance of the Proposed Proiect
Populations of the coastal cactus wren are in decline through much of southern California,
including San Diego county. Over the last several years, large intense fires have damaged
cactus wren habitat in the Lake Jennings area (Cedar Fire, 2003), the San Pasqual Valley
(Witch Fire, 2007) and the Otay-Sweetwater Region, which includes the San Diego National
Wildlife Refuge (Harris Fire, 2007). Populations of coastal cactus wrens have also declined in
Preserve areas not yet affected by wildfires, including Salt Creek, Otay River Valley and the
Central City Preserve in Chula Vista. This recent trend of cactus wren population decline has
been observed in other regions of Southern California as well. Regional recovery efforts for
coastal populations of cactus wrens are intended to stabilize and eventually increase in
populations sizes.
In the Central City Preserve, coast cholla patches have declined in the last 10-15 years due to
competition with weeds and large shrubs, such as lemondeberry (Rhus integrifolia) (Figures 4,
5, 6). In addition, the below average rainfall during nine of the last ten years has caused many
patches of coast cholla to die (Dodero pers. obs.). This cholla die off has likely caused a
decrease in suitable habitat for cactus wren that has contributed to the observed population
declines
Baseline Bioloqical Survey Summarvand Site Selection
Coastal cactus wrens were observed in PMA 1 subunits 1-1a, 1-2a, and 1-2b. A total of eight
coastal cactus wren locations were recorded in PMA 1. This enhancement project will focus on
areas known to be occupied by cactus wrens in the Rice Canyon area. As illustrated on
attached Figure 3, the three subunits chosen for this restoration and enhancement program are
immediately adjacent to each other, which will facilitate dispersal of birds between the restored
habitat patches. In terms of overall biological resource values, these three PMA 1 subunits also
have the highest priority ranking for management actions as outlined in the ASMD for PMA 1.
Proiect Goals
);> Increase coast cholla patch sizes and density within portions of the Central City
Preserve to benefit populations of coastal cactus wrens.
);> Restore and enhance patches of coast cholla in a distribution pattern that facilitates
dispersal of cactus wrens between areas of suitable habitat within PMA 1.
);> Proactive reduction of native and non-native fuels in the immediate vicinity of nesting
sized coast cholla patches to decrease the risk of catastrophic fires that could eliminate
wren habitat.
6-19
~ Restore habitat for coastal cactus wrens and other covered species, including coastal
California gnatcatcher and Orange throated whiptail in areas currently dominated by
weeds.
~ Discourage unauthorized access trails by using native brush piles and cactus cuttings to
close illegal trails.
~ Restore and enhance coastal cactus wren habitat through the selective thinning and
removal of lemonadeberry (Rhus integrifolia), other native shrubs and exotic annuals
that are directly competing with coast cholla to the detriment of cactus wren populations.
Expected Results
This restoration and en'hancement project is designed to increase suitable habitat for coastal
cactus wrens within the Central City Preserve. The program will also reduce the risk of cactus
wren habitat loss from fires, weed invasion and competition with native shrubs. Implementation
of this program will help eliminate weed seed sources that may invade adjacent sensitive
habitat. Unauthorized trails will be closed using native brush and cactus plantings and this will
reduce the level of human disturbance near occupied wren habitat. The project will also benefit
other covered species by reducing weed and shrub competition with coast barrel cactus and
snake cholla.
Proiect Description I Scope of Work
Pre-imolementation monitorina
~ Prior to. implementation a qualified biologist will perform an update census of coastal
cactus wrens in the PMA subunits identified for restoration and enhancement of wren
habitat. Point counts for birds will be performed once prior to project implementation to
use as a baseline to measure success of the enhancement efforts. Locations of point
counts will be recorded using a GPS.
~ Prior to implementation, the project biologist will delineate the area for enhancement at
each site: The boundaries of the work area will be delineated in the field and will include
marking of shrubs to be thinned.
~ Permanent photo points will be established at each restoration and enhancement area to
document shrub thinning, weed control and cholla planting efforts. Photos will be taken
prior to implementation and repeated each year.
Veoetation Manaaement Activities
~ Areas dominated by non-native annuals will be dethatched using weed whips.
Dethatching includes cutting dried weedy material and removing it from the site. Non-
native plant material will be raked up and deposited in the green waste dumpsters for
removal.
~ Selected shrubs will be cut and removed around existing cholla patches of nesting size
to reduce fire risk and to increase openings in maritime succulent scrub habitat for use
by foraging cactus wren and other wildlife.
~ Immediately after cutting large shrubs, such as lemonadeberry, the stumps will be
treated with herbicide (garlon and/or glyphosate) to prevent regrowth around nesting
sized cholla patches. Killing the shrubs will increase the effectiveness of this restoration
and enhancement program by reducing the level of effort to maintain openings around
the cactus wren habitat.
6-20
~ Newly germinated weeds will be controlled using glyphosate prior to seed set.
~ Where feasible, native brush generated from thinning efforts will. be used to close
unauthorized trails and to create additional wildlife habitat in degraded areas.
Cactus Collection and Prooaoation efforts
~ Collect cholla cuttings from the Preserve for dispersal.
~ Plant cholla in newly opened areas.
Maintenance
~ Within the enhancement areas, where weeds are competing with native species,
conduct follow-up weed control using herbicide (glyphosate) to kill weed seedlings over
a five-year period.
Annual Monitorino .
~ Repeat photographs will be taken annually from the same photopoint to document long-
term changes in vegetation at each site.
~ Point counts for birds will be conducted annually in the spring to assess wildlife use of
the enhancement areas.
~ Cover of shrubs and density of cholla will be estimated at each site annually. Vegetation
cover will be estimated using the releve method.
Reoortino
~ Progress reports will be prepared quarterly to document enhancement activities each
year in December, March, June and September (annual report).
~ Prepare an Annual Report (due September 1) that summarizes enhancement efforts and
monitoring results. The report will include management recommendations for the next
season.
~ The final report (Year 5) will discuss monitoring results and will include a discussion of
future management needs for coastal cactus wren in the restoration and enhancement
areas as well as the surrounding Preserve.
Avoidance and Minimization Measures
The following measures will be used during implementation of the project to minimize potential
impacts to other covered species and associated sensitive habitats:
~ All selective thinning of shrubs and use of weed whips will be done outside of the
breeding season (I.e. between August 15th and February 15th).
>- The project biologist will clearly flag shrubs intended for removal prior to implementation
and will monitor the thinning work to minimize impacts to adjacent sensitive habitats
when cut material is removed from the area.
>- Covered plant species, such as coast barrel cactus (Ferocactus viridescens) and snake
cholla (Cylindropuntia calif arnica var. californica), will not be disturbed during project
implementation'.
>- No disturbance of surface soils, rocks, and ground dwelling lichens, mosses, or other
cryptogams will occur.
6-21
Timeline
This project will include implementation, maintenance and monitoring for a five-year period. The
project is anticipated to begin in the Fall-Winter of 2008 depending on the availability of funding.
Based on that anticipated start date the five-year maintenance and monitoring program will end
in Fall-Winter 2013.
Proiect Phasinq
The budget estimate presented below is based on the restoration and enhancement of
approximately 10 acres of cactus wren habitat with the Central City Preserve. If the available
funding is less than requested the number of habitat patches restored and enhanced will be
reduced accordingly. Opportunities for restoration of additional cactus wren habitat in the future
exists in other areas of the Central City Preserve.
COST SUMMARY
Phase
Year 1
Task
Hours
Cost
Subtotal
Year 2
Maintenance
Monitoring
Reporting
City of Chula Vista Administration/Monitoring
Expenses (Herbicide, Printing, etc)
Subtotal
Year 3
Maintenance
Monitoring
Reporting
Expenses (Herbicide, Printing. etc)
City of Chula Vista Administration/Monitoring
Subtotal
Year 4
Maintenance
Monitoring
Reporting
Expenses (Herbicide, Printing, etc)
City of Chula Vista Administration/Monitoring
Subtotal
Year 5
Maintenance
Monitoring
Reporting
Expenses (Herbicide, Printing, etc)
City of Chula Vista Administration/Monitoring
Subtotal
Total
Site Preparation (Dethatching/Removal)
Follow-up herbicide Treatment
Cactus Planting
Maintenance
Monitoring
Reporting
City of Chula Vista Administration/Monitoring.
Expenses (Plant production; herbicide, printing, etc)
1638
278
720
550
144
87
62
$73,400
$12,400
$22,600
$23,100
$17,900
$9,000
$9,360
$24,000
$191,760
504
64
68
48
$27,000
$7.600
$7,700
$7247
$2,000
$51,547
388
64
68
48
$21,600
$7,800
$7,900
$1,000
$7247
$45,547
276
64
68
48
$16,200
$8,100
$8,200
$1000
$7247
$40,747
276
64
80
48
$16,800
$8,400
$10,000
$1,000
$7247
$43,447
$373,048
6-22
5- Year Coastal Cactus Wren Habitat Restoration and
Enhancement Program for the
Chula Vista Central City Preserve
Figure 1:
Figure 2:
Figure 3:
Figure 4:
Figure 5:
Figure 6:
ATTACHMENT 1
Regional Map
Preserve Management Area 1 (PMA 1)
Proposed Restoration Areas
Site Photo - Example of a Potential Restoration Area
Site Photo - Example of a Potential Area for Selective Shrub
Thinning
Site Photo - Example of a Potential Area for Invasives Control
and Cholla Restoration
6-23
f'"
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'* Project Location
FIGURE 1
RECON
Regional Location
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6-24
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PreselVe Management Areas
DpMA1
CJ Other PMAs
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o Enhancemeni Sites
fellI
20000
FIGURE 2
Project Localion on USGS Map
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E 'xh J~i -l- 2
TransNet ENVIRONMENTAL MITIGATION PROGRAM FY 2009
GRANT AGREEMENT 5001130 BETWEEN
THE SAN DIEGO ASSOCIATION OF GOVERNMENTS
AND
THE CITY OF CHUlA VISTA
REGARDING CACTUS WREN RESTORATION
THIS GRANT AGREEMENT 5001130 is made this 1 st day of January 2009, by and between the
San Diego Association of Governments (hereinafter referred to. as "SANDAG"), 401 B Street.
Suite 800, San Diego, California, and the City of Chula Vista, 276 Fourth Avenue, Chula Vista,
California (hereinafter referred to as "Grantee").
The following recitals are a substantive. part of this Agreement:
A. In November 2004, the voters of San Diego County approved SANDAG Ordinance 04-01,
which extended the TransNet one-half cent sales and use tax through 2048 (Extension
Ordinance).
B. The TransNet Extension Ordinance contains provisions for the creation of an Environmental
Mitigation Program (EMP), which will began being funded by the Extension Ordinance on
April 1, 2008.
C. In May 2008, SANDAG issued a request for proposals from entities wishing to apply for a
portion of the EMP funds for use on environmental land management projects meeting
certain criteria.
D. Grantee successfully applied for EMP funds for the following project: Cactus Wren Restoration
(hereinafter referred to as the" Project ").
E. The purpose of this Agreement is to establish the terms and conditions for SANDAG to
provide Grantee with funding to implement the Project.
F. Although SANDAG will be providing financial assistance to Grantee to support a particular
Project, SANDAG will not take an active role or retain substantial control of the Project.
NOW, THEREFORE, it is agreed as follows:
Section 1. Definitions
A. Application means the signed and dated grant application, including any amendment'
thereto, with all explanatory, supporting, and supplementary documents filed with SANDAG
by or on behalf of the Grantee and accepted or approved by SANDAG. All of. Grantee's
application materials, not in conflict with this Agreement, are hereby incorporated into this
Agreement as though fully set forth herein.
B. Approval, Authorization, Concurrence, Waiver means a conscious written statement
(transmitted in typewritten hard copy or electronically) of a SANDAG official authorized to
1
6-30
permit the Grantee to take or omit an action required by Agreement, which action may not
be taken or omitted without such permission. Except to the extent that SANDAG determines
otherwise in writing, such approval. authorization, concurrence, or waiver permitting the
performance or omission of a specific action does not constitute permission to perform or
omit other similar actions. An oral permission or interpretation has no legal force or effect.
C. Approved Project Budget means the most recent statement of the costs of the Project, the
. maximum amount of assistance from SANDAG for which the Grantee currently is eligible, the
specific tasks (including specific contingencies) covered, and the estimated cost of each task
that has been approved by SANDAG. The Approved Project Budget is attached hereto as
Exhibit B.
D. Grantee means that, even if a single organization within a legal entity has executed this
Agreement as the Grantee, the entire legal entity is the Grantee. If the Grantee is a
consortium, partnership, or other multi-party entity, each participant in, member of, or party
to that consortium, partnership, or multi-party entity is deemed "Grantee" for purposes of
compliance with applicable requirements of the Agreement for its Project.
E. Subgrantee means any contractor or consultant, at any tier, paid directly or indirectly with
funds flowing from thjs Agreement for the Project.
Section 2. Project Implementation
A. General. The Grantee agrees.to carry out the Project as follows:
1. Project Description. Grantee agrees to perform the work as described in the Scope of
Work attached as Exhibit A.
2. Effective Date. The effective date of the Agreement or any Amendment thereto is the
date on which this Agreement is fully executed. The Grantee agrees to undertake
Project work promptly after receiving notice that SANDAG has awarded Extension
Ordinance funding for the Project.
3. Grantee's Capacity. The Grantee agrees to maintain or acquire sufficient legal,
financial, technical, and managerial capacity to: (a) plan, manage, and complete the
Project and provide for the use of any Project property; (b) carry out the safety and
sec\Jrity aspects of the Project; and (c) comply with the terms of the Agreement and all
applicable laws, regulations, and policies pertaining to the Project and the Grantee,
including, but not limited to, the Extension Ordinance.
4. Project Schedule. The Grantee agrees to complete the Project in a timely manner,
Nevertheless, SANDAG and the Grantee agree that milestone dates and other Project
completion dates set forth in the Project Schedule attached hereto as Exhibit C are to
be treated as good faith estimates rather than precise and firm legal requirements.
B. Application of Laws. Should a federal or state law pre-empt a local law, regulation, or the
Extension Ordinance, the. Grantee must comply with the federal or state law and
implementing regulations. No provision of the Agreement requires the Grantee 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
2
6-31
compliance with any provision of the Agreement violates or would require the Grantee to
violate any law, the Grantee agrees to notify SANDAG immediately in writing. Should this
occur, SANDAG and the Grantee agree that they will make appropriate arrangements to
proceed with or, if necessary, terminate the Project or portions thereof expeditiously.
C. Significant Participation by a Subgrantee. Although the Grantee may delegate any or
almost all Project responsibilities to one or more ,subgrantees, the Grantee agrees that it,
rather than any subgrantee, ultimately is responsible for compliance with all applicable laws,
regulations, and this Agreement.
D. Grantee's Res'ponsibility to 'Extend Agreement Requirements to Other Entities.
1. Entities Affected. Grantee agrees to take appropriate measures necessary to ensure
that all Project participants comply with all applicable fedwal laws, regulations, and'
policies affecting Project implementation. In addition, if an entity other than the
Grantee is expected to fulfill any responsibilities typically performed by the Grantee,
,the Grantee agrees to assure that the entity carries out the Grantee's responsibilities as
setforth in this Agreement.
2. Documents Affected. The applicability provisions of laws, regulations, and policies
determine the extent to which those provisions affect an entity (such as a subgrantee)
participating in the Project through the Grantee. Thus, the Grantee agrees to use a
written document to ensure that each entity participating in the Project complies with
applicable laws, regulations, and policies.
a. Required Clauses. The Grantee agrees to use a written document (such as a
subagreement lease, third party contract, or other) including all' appropriate
clauses stating the entity's responsibilities under applicable laws, regulations, or
policies.
b. Flowdown. The Grantee agrees to include in each document (subagreement,
lease, third party contract, or other) any necessary provisions requiring the
Project participant (third party contractor, subgrantee, or other) to impose
applicable laws, Agreement requirements and directives on its subgrantees,
lessees, third party contractors, and other Project participants at the lowest tier
necessa ry.
E. No SANDAG Obligations to Third Parties. In connection with the Project, the Grantee
agrees that SANDAG.shall not be subject to any obligations or liabilities to any subgrantee,
lessee, third party contractor, or other person or entity that is not a party to the Agreement
for the Project. Notwithstanding that SANDAG may have concurred in or approved any
solicitation, subagreement, lease, or third party contract at any tier, SANDAG has no
obligations or liabilities to any entity other than the Grantee, including any subgrantee,
lessee, or third party contractor at any tier.
F. Changes in Project Performance (i.e., Disputes, Brea'ches, Defaults, or Litigation). The
Grantee agrees to notify SANDAG immediately, in writing, of any change in local law,
conditions (including its legal, financial, or technical capacity), or any other event that may
adversely affect the Grantee's ability to perform the Project in accordance with the terms of
the Agreement. The Grantee also agrees to notify SANDAG immediately, in writing, of any
current or prospective major dispute, breach, default, or litigation that may adversely affect
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SANDAG interests in the Project; and agrees to inform SANDAG, also in writing, before
naming SANDAG as a party to 'Iitigation for any reason, in any forum. At a minimum, the
Grantee agrees to send each notice to SANDAG required by this subsection to the SANDAG
Office of General Counsel.
G. Standard of Care. The Grantee expressly warrants that the work to be performed pursuant
to this Agreement shall be performed in accordance with the applicable standard care. Where
approval by SANDAG, the Executive Director, or other representative of SANDAG or United
States Fish and Wildlife Service (USFWS) is indicated in the Scope of Work, it is understood to
be conceptual approval only and does not relieve the Grantee 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
Grantee or its subgrantees.
Section.3. Ethics
A. Grantee Code of Conduct/Standards of Conduct. The Grantee agrees to maintain a
. .
written code of conduct or standards of conduct that shall govern the actions of its officers,
employees; board members, or' agents engaged in the award or administration of
subagreements, leases, or third party contracts supported with TransNet Ordinance assistance.
The Grantee agrees that its code of conduct or standards of conduct shall specify that its
officers, employees, board members, or agents may neither solicit nor accept gratuities,
favors, or anything of monetary value from any present or potential subgrantee, lessee, or
third party contractor at any tier.or agent thereof.' Such a conflict would arise when an
employee, officer, board member, or agent, including any member of his or her immediate
family, partner, or organization that employs, or intends to employ, any of the parties listed
herein has a financial interest in the entity selected for award. The Grantee may set
de minimis rules where the financial interest is not substantiai, or the gift is an unsolicited
item of nominal intrinsic value. The Grantee agrees that its code of conduct or standards of
conduct also shall prohibit its officers, employees, board members, or agents from using their
respective positions in a manner that presents a real or apparent personal or organizational
conflict of interest or personal gain. As permitted by state or local law or regulations, the
Grantee agrees that its code of conduct or standards of conduct shall include penalties,
sanctions, or other disciplinary actions for violations by its officers, employees, board
members, or their agents, or its third party contractors or subgrantees or their agents.
1. Personal Conflicts of Interest. The Grantee agrees that its code of conduct or
standards of conduct shall prohibit the Grantee's employees, officers, board members,
or agents from participating in the selection, award, or administration of any third
party contract or subagreement supported by TransNet Ordinance Assistance if a real or
apparent conflict of interest would be involved. Such a 'conflict would arise when an
employee, officer, board member, or agent, including any member of. his or her
immediate family, partner, or organization that employs,. or intends to employ, any of
the parties listed herein has a financial interest in the firm selected for award.
2. Organizational Conflicts of Interest. The Grantee agrees that its code of conduct or
standards of conduct shall include procedures for identifying and preventing real and
apparent organizational conflicts of interest. An organizational conflict of interest
exists when the nature of the work to be performed under a proposed third party
4
6-33.
contract or subagreement may, without some restrictions on future activities, result in
an unfair competitive advantage to the third party contractor or subgrantee or impair-
its objectivity in performing the contract work.
B. SANDAG Code of Conduct. SANDAG has established policies concerning potential conflicts
of interest. These policies apply to Grantee. For all awards by SANDAG, any practices which
might result in unlawful activity are prohibited including, but not limited to, rebates,
kickbacks, or other unlawful considerations. SANDAG staff specifically is prohibited from
participating in the selection process when those staff have a close personal relationship,
family relationship, 'or past (within the last 12 months), present, or potential business or
employment relationship with a person or business entity seeking a contract. It is unlawful for
any contract to be made by SANDAG if any individual board member or staff has a prohibited
financial interest in the contract. Staff also is prohibited from soliciting or accepting gratuities
from any organization seeking funding from SANDAG. SANDAG's officers, employees, agents,
and board members shall not solicit or accept gifts; gratuities, favors, or anything of
monetary value from consultants, potential consultants, or parties to subagreements. By
signing this Agreement, Grantee affirms that it has no knowledge of an ethical violation by
SANDAG staff or Grantee. If Grantee has any reason to believe a conflict of interest exists
with regard to the Agreement or the Project, it should notify the SANDAG Office Of General
Counsel immediately.
C. Bonus or Commission. The Grantee affirms that it has not paid, and agrees not to pay, any
bonus or commission to obtain approv'al of its TransNet Ordinance Assistance application for
the Proj ect.
D. False or Fraudulent Statements or Claims. The Grantee acknowledges and agrees that by
executing the Agreement for the Project, the Grantee certifies or affirms the truthfulness and
accuracy of each statement it has made, it makes, or it may make in connection with the
Project.
Section 4. Amount of Funding Assistance
The Grantee agrees that SANDAG will provide TransNet Ordinance Assistance for the Project equal
to the smallest of the following amounts: (a) the "Maximum SANDAG Amount Approved" of
$373,048, or (b) the amount calculated in accordance with the "Maximum Percentage(s) of SANDAG
Participation." SANDAG responsibility to make payments under this Agreement is limited to the
amounts listed in the Approved Project Budget for the Project. Grantee's estimate in its application
for funding from SANDAG for the Project is the amount that forms the basis upon which SANDAG
determines the "Maximum SANDAG Amount Awarded" and "Maximum Percentage(s) of SANDAG
Participation. "
Section 5. Matching Funds
A Grantee that has proposed to provide matching funds for the Project agrees as follows:
A. Duty to Obtain Matching Funds. The Grantee agrees to provide sufficient funds or
approved in-kind resources, together with the TransNet Ordinance Assistance awarded, that
will assure payment of the actual cost of each Project activity covered by the Agreement for
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the Project. The amount of matching funds and percentage(s) of matching funds Grantee
shall provide are set forth in the Approved Project Budget. The Grantee agrees to complete
all proceedings necessary to provide its share of the Project costs at or before the time the
matching funds are needed for Project costs.
B. Prompt Payment of. Matching Funds. The Grantee agrees to provide the proportionate
amount of the matching funds promptly as it incurs Project costs or Project costs become due.
C. Reduction of Matching Funds. The Grantee agrees that no refund or reduction of the
amount of matching funds may be made unless, at the same time, a reduction of the
proportional amount of the TransNet Ordinance Assistance provided is made to SANDAG in
order to maintain the Maximum Percentage(s) of SANDAG Participation. .
Section 6. Approved Project Budget
Except to the extent that SANDAG determines otherwise in writing, the Grantee agrees as follows:
The Grantee and SANDAG have agreed to a Project budget that is designated the ."Approved
Project Budget." The Grantee will incur obligations and make disbursements of Project funds only
as authorized by the Approved Project Budget. An amendment to the Approved Project Budget
requires the issuance of a formal amendment to the Agreement, except that re-allocation of funds
among budget items or fiscal years that does not increase the total amount of the TransNet
Ordinance Assistance awarded for the Project may be made consistent with applicable laws,
regulations, and policies. Prior SANDAG approval is required for transfers of funds from non-
construction to construction categories or vice versa or when, in non-construction grants,
cumulative transfers of funds between total direct cost categories exceed ten percent (10%) of the
total budget.
Section 7. Payments
A. Grantee's Request for Payment When Matching Funds Are Required. The Grantee will
demonstrate or certify that it will provide adequate matching funds that. when combined
with payments from SANDAG, will cover all costs to be incurred for the Project. Except to the
extent that SANDAG determines, in writing, that the Grantee may defer its provision of its
matching funds for the Project. a Grantee required under the terms of this Agreement to
provide matching funds for the Project agrees that it will not:
1. Request or obtain matching funds exceeding the amount justified by the matching
share previously provided, or
2. Take any action that would cause the proportion of TransNet Ordinance Assistance
made available to the Project at any time to exceed the percentage authorized by the
Grant Agreement or Cooperative Agreement for the Project.
B. Payment by SANDAG. Upon receiving a request for payment and adequate supporting
information, SANDAG will make payment for eligible amounts to Grantee within
thirty (30) days if Grantee has complied with the requirements of the Agreement, has
satisfied SANDAG that the TransNet Ordinance Assistance requested is needed for Project
purposes in that requisition period, and is making adequate progress toward Project
6
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completion. After the Grantee has demonstrated satisfactory compliance with the preceding
requirements, SANDAG may reimburse the Grantee's apparent allowable costs incurred (or to
be incurred in the requisition period), as set. forth in the Approved Project Budget for the
Project.
C. Costs Reimbursed. The Grantee agrees that Project costs eligible for. TransNet Ordinance
Assistance must comply with. all the following requirements. Except to the extent that
SANDAG determines .otherwise, in writing, to be eligible for reimbursement. Project costs
must be:
1. Consistent with the Project Description, the Approved Project Budget. and other
provisions of the Agreement,
2. Necessary in order to accomplish the Project.
3. Reasonable for the goods or services purchased,
4. Actual n'et costs to the Grantee (i.e., the price paid minus any refunds, rebates, or other
items of valu'e received by t/':1e' Grantee that have the effect of reducing the cost
actually incurred, excluding program income),
5. . Incurred for work performed after the Effective Date of the Agreement,
6. Satisfactorily documented,
7. Treated consistently in accordance with accounting principles and procedures approved
by SANDAG for the Grantee, and with accounting principles and procedures approved
by the Grantee for its third party contractors and subgrantees, and
8. Eligible for TransNet Ordinance Assistance as part of the EMP.
D. Excluded Costs.
1. In determining the amount of TransNet Ordinance Assistance SANDAG will provide for
the Project. SANDAG will exclude:
a. Any Project cost incurred by the Grantee before the Effective Date of the
Agreement or Amendment thereto;
b. Any cost that is not included in the latest Approved Project Budget;
c. Any cost for Project property or services received in connection with a
subagreement, lease, third party contract. or other arrangement that is required
to be, but has not been, concurred in or approved in writing by SANDAG; and
d. Any cost ineligible for SANDAG participation as provided by applicable laws,
reguiations, or policies.
2. The Grantee uriderstands and agrees that payment to the Grantee for any Project cost
does not constitute a SANDAG final decision about whether that cost is allowable and
eligible for payment under the Project and does not constitute a waiver of any
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violation by the Grantee of the terms of the Agreement for the Project. The Grantee
acknowledges that SANDAG will not make a final determination about the allowability
and 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 SANDAG has been completed. whichever
o'ccurs latest. If SANDAG determines that the Grantee is not .entitled to receive any
portion of the TransNet Ordinance Assistance requested or paid, SANDAG will notify
the Grantee in writing, stating its reasons. The Grantee agrees that Project closeout will
not alter the Grantee's responsibility to return any funds due SANDAG as a result of
later refunds, corrections, or other similar transactions; nor will Project closeout alter
the right of SANDAG to disallow costs and recover funds provided for the Project on
the basis of a later audit or other review.
E. Federal Claims, Excess Payments, Disallowed Costs, including Interest.
1. Grantee's Responsibility to Pay. Upon notification to the Grantee that specific
amounts are owed to SANDAG, whether for excess payments of TransNet Ordinance
Assistance, disallowed costs, or funds recovered from third parties or elsewhere, the
Grantee agrees to remit to SANDAG promptly the amounts owed, including applicable
interest, penalties, and administrative charges.
Section 8. Accounting Records
In compliance with applicable laws, regulations, and policies, the Grantee agrees as follows:
A. Project Accounts. The Grantee agrees to establish and maintain for the Project either a
separate set of accounts or separate accounts within the framework of an established
accounting system that can be identified with the Project. The Grantee also agrees to
maintain all checks, payrolls, invoices, contracts, vouchers, orders, or other accounting
documents related in whole or in part to the Project so that they may be clearly identified,
readily accessible, and available to SANDAG upon request and, to the extent feasible, kept
separate from documents not related to the Project.
B. Documentation of Project. Costs and Program Income. Except to the extent that
SANDAG determines otherwise, in writing, the Grantee agrees to support all costs charged to
the Project, including any approved services or property contributed by the Grantee or others,
with properly executed payrolls, time records, invoices, contracts, or vouchers describing in
detail the nature and propriety of the charges, including adequate records to support the
costs the Grantee has incurred underlying any payment SANDAG has agreed to participate in
based upon a "payable" milestone.
Section 9. Reporting, Record Retention, and Access
A. Types of Reports. The Grantee agrees to submit to SANDAG all reports required by laws and
regulations, policies, the Agreement. and any other reports SANDAG may specify.
B. Report Formats. The Grantee agrees that all reports and other documents or information
intended for public availability developed in the course of the Project and required to be
submitted to SANDAG must be prepared and submitted in electronic and or typewritten hard
8
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copy formats as SANDAG may specify. SANDAG reserves the right to specify that records be
submitted in particular formats.
C. Record Retention. During the course of the Project and for three (3) years thereafter from
the date of transmission of the final expenditure report, the Grantee agrees to maintain,
intact and readily accessible, all data, documents, reports, records, contracts, and supporting
materials relating to the Project as SANDAG may require.
D. Access to Records _ of Grantees and Subgrantees. The Grantee agrees to permit, and
require its subgrantees to permit, SANDAG 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 Grantee and its subgrantees pertaining to the Project.
E. Project Closeout. The Grantee agrees that Project closeout does not alter the reporting and
record retention requirements of this Agreement.
F. Quarterly Reports. It shall be the responsibility of Grantee to advise SANDAG on a quarterly
basis of the progress of its work, expenditures .incurred, and information regarding whether
the Project is projected to comply with the fee payment schedule and Project budget limits.
The quarterly progress report shall be submitted in writing to SANDAG. Grantee shall
document the progress and results of work performed under this Agreement to the
satisfaction of SANDAG and, if applicable, to the satisfaction of any government agency as
directed by SANDAG. This may include progress and final reports, plans, specifications,
estimates, or other evidence of attainment of the Agreement objectives, which are requested
by SANDAG or the Independent Taxpayer Oversight Committee (ITOC) , Grantee may be
required to attend meetings of SANDAG staff and committees, including ITOC, to report on
its progress and respond to questions.
Section 10. Project Completion, Audit, Settlement, and Closeout
A. Project Completion. Within ninety (90) calendar days following Project completion or
termination by SANDAG, the Grantee agrees to submit a final certification of Project expenses
and audit reports, as applicable.
B. Audit of Grantees. The Grantee agr~es to have performed financial and compliance audits
SANDAG may require. If performed, these financial and compliance audits must comply with
the provisions of OMS Circular A-133, Revised, "Audits of States, Local Governments, and
Non-Profit Organizations," the latest OMS A-133 Compliance Supplement for
U.S. Department of Transportation, and any further revision or supplement thereto. The
Grantee also agrees to obtain any other audits required by SANDAG, The Grantee agrees that
these audits will be conducted in accordance with U,S. Government Accountability Office
(U.S, GAO), "Government Auditing Standards." The Grantee agrees that Project closeout will
not alter the Grantee's audit responsibilities. Audit costs are allowable Project costs.
C. Project Closeout. Project closeout occurs when SANDAG notifies the Grantee that SANDAG
has closed the Project, and either forwards the final TransNet Ordinance Assistance payment
or acknowledges that the Grantee has remitted the proper refund, The Grantee agrees that
Project closeout by SANDAG does not invalidate any continuing requirements imposed by the
Agreement or any unmet requirements set forth in a written notification from SANDAG.
9
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Section 11. Timely Progress and Right of SANDAG to Terminate
A. Grantee shall make diligent and timely progress toward completion of the Project
within the timelines set forth in the Project Schedule (Exhibit C). If timely progress is not
achieved, SANDAG may review the status of the Project to determine if the funds should
be reallocated to another eligible project. Grantee understands and agrees that any
failure to make reasonable progress on the Project or violation of the Agreement that
endangers substantial performance of the Project shall provide sufficient grounds for
SANDAG to terminate the Agreement for the Project.
B. Upon written notice, the Grantee agrees that SANDAG may suspend or terminate all or
any part of the TransNet Ordinance Assistance to be provided for the Project if the
Grantee has violated the terms of the Agreement, or if SANDAG determines that the
purposes of the laws or policies authorizing the Project would not be adequately served
by the continuation of TransNetOrdinance Assistance for the Project.
c. In general, termination of TransNet Ordinance Assistance for the Project will not
invalidate obligations properly incurred by the Grantee before the termination date to
the extent those obligations cannot be canceled. If, however, SANDAG determines that
the Grantee has willfully misused TransNet Ordinance Assistance by failing to make
adequate progr~ss, failing to make reasonable and'appropriate use of Project property,
or failing to comply with the terms of the Agreement, SANDAG reserves the right to
require the Grantee to refund the entire amount of TransNet Ordinance Assistance
provided for the Project or any lesser amount as SANDAG may determine.
D. Expiration of any Project time period established in the Project Schedule wi.ll not, by
itself, automatically constitute an expiration or termination of the Agreement for the
Project, however, Grantee must request and SANDAG must agree to amend the contract
if the Project Schedule will not be met. An amendment to the Project Schedule may be
made at SANDAG discretion if Grantee provides documentation that the Project is
delayed due to factors external to the control of Grantee.
Section 12. Civil Rights
The Grantee agrees to comply with all applicable civil rights laws, regulations, and policies. These
include, but are not limited to, the following:
A. Nondiscrimination (Title VI of the Civil Rights Act), The Grantee agrees to comply, and
assures the compliance of each subgrantee, lessee, or third party contractor at any tier of the
Project. with all provisions prohibiting discrimination on the basis of race. color, or national
origin of Title VI of the Civil Rights Act of 1964, as amended, 42 U,S.C, 99 2000d et seq.
B. Equal Employment Opportunity. Grantee agrees to take affirmative action to ensure that
applicants are employed and that employees are treated during employment without regard
to their race, color, religion, sex, disability, age, or national origin. Such action shall include,
but not be limited to, employment. upgrading, demotions or transfers, recruitment or
recruitment advertising, layoffs or terminations, rates of payor other forms of compensation,
and selection for training, ,including apprenticeship.
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Section 13. Ownership of Work Product
SANDAG shall own any deliverables created in whole or in part for SANDAG benefit pursuant to the
Scope of Work for the Project. The term "deliverables" includes, but is not limited to, all original
drawings, reports, and other documents, including detailed calculations and other work product
developed for the Project or services performed on the Project.
Section 14. Disputes and Venue
A. Choice of law. This Agreement shall be interpreted in. accordance with the laws of the State
of California.
B. Dispute Resolution Process. In the event Grantee has a dispute with SANDAG during the
performance of this Agreement, Grantee shall continue to perform unless SANDAG informs
. Grantee in writing to cease performance. The dispute resolution process for disputes arising
under this Agreement shall be as follows:
1. Grantee shall submit a statement of the grounds for the dispute, including all pertinent
dates, .names of persons involved, and supporting documentation, to the SANDAG
Project Manager. The Project Manager and other appropriate SANDAG staff will review
the documentation in a timely manner and reply to Grantee within twenty (20) days.
Upon receipt of an adverse decision by SANDAG, Grantee may submit a request for
reconsideration to the SANDAG Executive Director. The request for reconsideration
must be received within ten (10) days from the postmark date of SANDAG reply. The
Executive Director will respond to the request for reconsideration within ten (10)
working days. The decision of the Executive Director will be final and in writing.
2. If Grantee is dissatisfied with the results following exhaustion of the above dispute
resolution procedures, Grantee shall. make a written request to SANDAG for mediation.
SANDAG shall respond to a request for mediation within thirty (30) calendar days. If
SANDAG agrees mediation is appropriate, a mutually-acceptable mediator shall be
selected by the parties, and the parties will proceed to mediation of the dispute.
C. Venue. If any action is brought to interpret or enforce any term of this Agreement. the
action shall be brought in a state or federal court situated in the County of San Diego, State
of California. In the event of any such litigation between the parties, the prevailing party
shall be entitled to recover all reasonable costs incurred, including reasonable attorney's fees,
litigation and collection expenses, witness fees, and court costs as determined by the court.'
Section 15. Assignment
The Grantee agrees that Grantee shall not assign, sublet. or transfer (whether by assignment or
novation) this Agreement or any rights under or interest in this Agreement without the written
consent ofSANDAG, which may be withheld for any reason; provided however, that Claims for
money due to Grantee from SANDAG under this Agreement may be assigned to a bank, trust
company or other financial' institution without such approval. Notice of such assignment or transfer
shall be promptly furnished to SANDAG in writing. .
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Section 16. Insurance
Grantee shall procure and maintain during the period of performance or this Agreement, and for
twelve (12) months following completion, policies of insurance from insurance companies
authorized to do business in the State. of California or the equivalent types and amounts of self.
insurance, as follows: ..
A. General Liability. Combined single limit of $1,000,000 per occurrence and
$2,000,000 general aggregate for personal and bodily injury, including death, and broad form
property damage. The policy must include an acceptable "Waiver of Transfer Rights of
Recovery Against Others Endorsement." The policy must name SANDAG as an additional
insured in the endorsement. A deductible or retention may be utilized, subject to approval by
SANDAG,
B. Automobile Liability. For personal and bodily injury, including death, and property damage
in an amount not less than $1,000,000.
C. Workers' Compensation and Employer's Liability. Policy must comply with the laws of
the State of California. The policy: must include an acceptable "Waiver of Right to Recover
From Others Endorsement" naming SANDAG as an additional insured.
D. Other Requirements. Grantee shall furnish satisfactory proof by one or more certificates
(original copies) that it has the foregoing insurance. The insurance shall be provided by an
acceptable insurance provider, as determined by SANDAG, which satisfies the following
minimum requirements:
1. An insurance carrier qualified to do business in California and maintaining an agent for
service of process within the state. Such insurance carrier shall maintain a current
A.M. Best rating classification of "A." or better, and a financial size of "$10 million to
$24 million (Class V) or better;" or
2. A L10yds of London program provided by syndicates of L10yds of London and other
London insurance' carriers, providing all participants are qualified to do business in
California and the policy provides for an agent for service of process in California; or
3. Certificates of insurance shall be filed with SANDAG. These policies shall be primary
insurance as to SANDAG so that any other coverage held by SANDAG shall not
contribute to any loss under Grantee's insurance. Each insurance policy shall contain a
clause which provides. that the policy may not be canceled without first giving
thirty (30) days. advance written notice to SANDAG. For purposes of this notice
requirement, any material change in the policy pripr to its expiration shall be
considered a cancellation.
Section 17. Indemnification and Hold Harmless
A. Generally. With regard to the Grantee's performance in connection with or incidental to the
Project, the Grantee agrees to defend, indemnify, protect, and hold SANDAG and its agents,
officers and employees harmless from and against any and all claims asserted or liability
established for damages or injuries to any person or property, including injury to the
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Grantee's or its subgrantees' employees, agents, or officers, which arise from or are
connected with or are caused or claimed to be caused by the negligent, reckless, or willful
acts or omissions of the Grantee and its subgrantees and their agents, officers, or employees,
in performing the work or services herein, and all expenses of investigating and defending
against same, including attorney fees and costs; provided, however, that the Grantee's duty
to indemnify and hold' harmless shall no.t include any claims or liability arising from the.
established sole negligence or willful misconduct of SANDAG, its agents, officers, or
employees.
B. Intellectual Property. Upon request by SANDAG, the Grantee agrees to indemnify, save,
and hold harmless SANDAG and its officers, agents, and employees acting within the scope of
their official duties against any liability, including costs and expenses, resulting from any
willful or intentional violation by the Grantee of proprietary rights, copyrights, or right of
privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition
of any data furnished under the Project. The Grantee shall not be required to indemnify
SANDAG for any such liability caused solely by the wrongful acts of SANDAG employees or
agents.
Section 18. Independent Contractor
A. Status of Grantee. Grantee shall perform the services provided for within this Agreement as
an independent contractor, and not as an employee of SANDAG. Grantee shall be under the
control of SANDAG as .to the result to be accomplished and not the means, and shall consult
with SANDAG as provided for in the Scope of Work. The payment made to Grantee pursuant
to this Agreement shall be the full and complete compensation to which Grantee is entitled.
SANDAG shall not make any federal or state tax withholdings on behalf of Grantee. SANDAG
shall not be required to pay any workers' compensation insurance on behalf of Grantee.
Grantee agrees to indemnify SANDAG for any tax, retirement contribution, social security,
overtime payment, or workers' compensation payment which SANDAG may be required to
make on behalf of Grantee or any employee of Grantee for work done under this' Agreement.
B. Actions on behalf of SANDAG. Except as SANDAG may specify in writing, Grantee shall
have no authority, express or implied, to act on behalf of .SANDAG in any capacity
whatsoever, as an agent or otherwise. Grantee shall have no authority, express or implied, to .
bind SANDAG or its members, agents, or employees, to any obligation whatsoever, unless
expressly provid!=d in this Agreement.
Section 19. Integration
This Agreement represents the entire understanding of SANDAG and Grantee as to those matters
contained in it. No prior oral or written understanding shall be of any force or effect with respect to
those matters covered hereunder. This Agreement may not be modified or altered except in
writing, signed by SANDAG and' the Grantee.
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Section 20. Severability
If any provision of the Agreement is determined invalid, the remainder of that Agreement shall not
be affected if that remainder would continue to conform to the requirements of app.licable laws or
regulations.
Section 21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or
delivered by depositing the same in any U.S Post Office, registered or certified, postage prepaid,
addressed to:
San Diego Association of Governments
401 B Street, Suite 800
San Diego, CA 92101
Attn: Keith Greer
Grantee:
City of Chula Vista
.276 Fourth Avenue
Chula Vista, CA 91910
Attn: Glen Laube
and shall be effective upon receipt thereof.
Section 22. Signatures
The individuals executing this Agreement represent and warrant that they have the legal capacity
and authority to do so on behalf of their respective legal entities.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written
above..
SAN DIEGO ASSOCIATION
OF GOVERNMENTS
CITY OF CHULA VISTA
GARY L. GALLEGOS
Executive Director
James D. Sandoval
City Manager
APPROVED AS TO FORM:
Office of General Counsel
14
6-43
EXHIBIT A
SCOPE OF WORK
1 PAGE ON THE PURPOSE AND PROJECT SCOPE BY TASKS
INCLUDING DElIVERABlES
The proposed cactus wren habitat enhancement program a 5-year restoration/enhancement project designed to maintain
and increase suitable habitat for the cactus wren in the City of Chula Vista's Central City Preserve. Within this preserve
management area, loss and degradation of cactus wren habitat is occurring due to weed invasion, drought, and
vegetation succession processes that crowd out coast cholla. The goal of this program is to ensure the prolongation of
the costal cactus through active management of suitable cactus wren habitat, r.estore degraded and/or fragmented cholla .
patches, and initiate activities to reduce edge effects associated with invasive species, uncontrolled access, and risk of fire.
Project Scope & Tasks
1. Maintenance & Management Activities
a) Areas dominated by.non-native annuals will be dethatched using weed whips. Dethatching includes cutting
dried weedy material and removing it from the site.
b) Selected shrubs will be cut, removed, and remaining stumps treated to increase openings in existing maritime
succulent scrub habitat.
c) Weeds will be controlled using glyphosate prior to seed set.
d) Where feasible, native brush generated from thinning efforts will be used to close unauthorized trails and to
create additional wildlife habitat in degraded areas.
e). Collect cholla cuttings from the Preserve and plant in newly opened areas.
2. Meetings and Monitoring
a) Pre-implementation meeting and monitoring: Prior to implementation, the project biologist will attend a
meeting to coordinate with their counterparts on the other TransNet funded cactus wren grants.. Prior to
implementation a qualified biologist will perform an update census of coastal cactus wrens within the areas
identified for restoration and enhancement of wren habitat. Point counts for birds will be performed once prior
to project implementation to use as a baseline to measure success of the enhancement efforts. Locations of
point counts will be recorded using a global positioning system.
b) Pre-implementation monitoring: Prior to implementation, the project biologist will delineate the area selected
for enhancement and mark overgrown shrubs to be thinned.
c) Pre-implementation monitoring: Permanent photo points will be established at each restoration and
enhancement area to document shrub thinning, weed control and cholla planting efforts. Photos will be taken
prior to implementation and repeated each year.
d) Photographs will be taken annually from the same. photopoint to document long-term changes in vegetation at
each site.
e) Point counts for birds will be conducted annually in the spring to assess wildlife use of the enhancement areas.
f) Cover of shrubs and density of cholla will be estimated at each site annually. Vegetation cover will be estimated
using the. releve method.
3. Reporting (Deliverables)
a) Quarterly progress reports to document enhancement activities.
b) Annual. report that summarizes enhancement efforts and monitoring results. The report will include
management recommendations for the next season.
c) Final report (Year S) will discuss monitoring results and will include a discussion of future management needs for
coastal cactus wren in the restoration and enhancement areas.
4. City of Chula Vista Contract Administration
a) Oversee <:ontractor progress, review, and approve invoices and project status reports.
b) Prepare and submit quarterly progress reports to SANDAG.
15
6-44
EXHIBIT B
APPROVED PROJECT BUDGET
(Including SANDAG Amount Awarded and Proposed Matching Funds)
Site Preparation (DethatchinglRemoval)
Follow-up herbicide Treatment
Cactus Planting
Maintenance
Monitoring
Reporting
City of Chula Vista Contract Administration
Consultant Expenses (Plant production, herbicide, printing, etc)
$73,400
$12,400
$22,600
$23,100
$17,900
$9,000
$9,360
$24,000
Maintenance
Monitoring
Reporting
City of Chula Vista Contract Administration
Consultant Expenses (Herbicide, Printing, etc)
$27,000
$7,600
$7,700
$7247
$2,000
Maintenance
Monitoring
Reporting
Consultant Expenses (Herbicide, Printing, etc)
City of Chula Vista Contract Administration
Subtotal
$21,600
$7,800
$7,900
$1,000
$7247
Maintenance
Monitoring
Reporting
Consultant Expenses (Herbicide, Printing, etc)
City of Chula Vista Contract Administration
$16,200
$8,100
$8,2(]0
$1000
$7247
Maintenance
Monitoring
Reporting
Consultant Expenses (Herbicide, Printing, etc)
City of Chula Vista Contract Administration
$16,800
$8,400
$10,000
$1,000
$7247
16
6-45
EXHIBIT C
PROJECT SCHEDULE & DELlVERABLES
Pre-implementation monitoring, AUGUST 2009 AUGUST 2010 Quarterly Reports: December 2009,
implementation, and.l year March 2010, .June201 0
maintenance, monitoring, and Annual Report: September 2010
reporting.
2 Year 2 maintenance, SEPTEMBER 2010 AUGUST 2011 Quarterly Reports: December 201 0,
monitoring, and reporting. March 2011, June 2011
Annual Report: September 2011
3 Year 3 maintenance, SEPTEMBER 2011 AUGUST 2012 Quarterly Reports: De~ember 2011,
monitoring, and reporting. March 2012, June 2012
Annual Report: September 2012
4 Year 4 maintenance.., SEPTEMBER 2012 AUGUST2013 Quarterly Reports: December 2012,
monitoring, and reporting. March 2013, June 2013
Annual. Report: September 2013
S Year S maintenance, SEPTEMBER 2013 AUGUST 2014 Quarterly Reports: December 2013,
monitoring, and reporting. March 2014, June 2014
Final Project Report: September 2014
17
6-46
EXHIBIT D
STANDARD INVOICE FORMAT
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18
GXh/b/!- 3
Agreement between
City of Chula Vista
and
. RECON Environmental Inc., Consultant.
for Biological Consulting Services Associated with the Central City Coastal Cactus Wren
Habitat Restoration and Enhancement Program .
This agreement ("Agreement"), dated for the purposes of reference
only, and effective as of the date last executed unless another date is otherwise specified in
Exhibit A, Paragraph 1, is between the City-related entity as is indicated on Exhibit A,
Paragraph 2, as such ("City"), whose business form is set forth on Exhibit A; Paragraph 3, and
the entity indicated on the attached Exhibit A, Paragraph 4, as Consultant, whose business form
is set forth on Exhibit A, Paragraph 5, and whose.place of business and telephone numbers are
set forth on Exhibit A,Paragraph 6 ("Consultant"), and is made with reference to the following
facts: . .
Recitals
WHEREAS, the property which is the subject matter. of this Agreement is commonly
known as Central City Preserve Management Area ("Central City PMA"); and is legally
described as set forth in the attached Exhibit "A", paragraph I ("Property"); and
WHEREAS, the City is responsible for the management and protection of Covered
Species within the Central City PMA; and,
WHEREAS, Consultant previously conducted the baseline biological resources surveys
for the City's Central City PreserVe Management Area C'Central City PM.<\."); and,
WHEREAS, Consultant previously prepared the Central City Area Specific Management
Directives ("Central City ASJ\lIDs") which provide guidelines for the protection, mainteIia.1'J.ce,
and management of the biological resources contained within the Central City PMA to ensure
that Covered Species are adequately protected; and,
WHEREAS, Consultant assisted the City in developing a grant proposal to receive .
funding through the San Diego Association of Governments (SAL'IDAG) to implement a
program designed to restore and enhance degraded coastal cactus wren habitat the Central City .
PMA; and,
WHEREAS, in accordance with CVl\1C 2.56.070, Consultant was solely selected based
upon their experience and unique understanding of the Central City PMA and have consistently
demonstrated that they possesses the qualifications required to perform the servicesout1ined in
the detailed scope of work; and,
WHEREAS, in accordance with Council Policy 102-05, the scope of services to be
provided by Consultant is not similar in scope to those of separate contracts under which
Consultant currently provides services to the City; and,
6-48
Page 1
\VHEREAS, On September 26,2008, SA1'IDAG's Board of Directors approved the City's
grant proposal and awarded the City a grant in the amount of$373,048 to implement a 5-Year
coastal cactus wren habitat restoration and enhancement program; and,
\VHEREAS, Consultant warrants and represents that they are experienced and staffed in
a manner such that they are and can prepare and deliver the services required of Consultant to
City within the time frames herein provided all in accordance with the terms and conditions of
this Agreement;
(End of Recitals. Next Page starts Obligatory Provisions;)
6-49
Page 2
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually
agree as follows:
All of the Recitals above are hereby incorporated into this Agreement.
\
ARTICLE 1. CONSULTANT'S OBLIGATIONS
A. General
1. General Duties. Consultant shall perform all of the services described on the attached
Exhibit A, Paragraph 7, entitled "General Duties".
2. Scope Of Work andSchedu1e. In the process of performing and delivering said "General
Duties", Consultant shall also perform all of the services described in Exhibit A,
Paragraph 8, entitled "Scope of Work and Schedule", not inconsistent with the General
Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and
deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the
time frames set forth therein, 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 herein 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.
1. 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
th~ compensation associated with said reduction.
11. Additional Services. In addition to performing the Defined Services herein set forth,
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 lO(C), unless a separate fixed fee is otheI\Vise 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.
1. No Waiver of Standard of Care. ""'here approval by City, SAt"TDAG, the Executive
Director, or other representative of SANDAG or United States Fish and Wildlife
Service (USFWS) 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,
6-50
Page 3
omissions, noncompliance with industry standards, or the willful misconduct of the
Consultant or its subcontractors. .
B. Application of Laws. Should a federal or state law pre-empt a local law, regulation, or the'
Extension Ordinance, the Consultant must comply with the federal or state law and
implementing regulations. No provision of the Agreement requires the Consultant to observe
or enforce compliance with any provision, perform any other act, or do any other thing in
contravention offederal, state, territorial, or local. law, regulation, or ordinance. If
compliance with any provision of the Agreement violates or would require the Grantee 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, terminate the Project or portions thereof expeditiously.
1. Subcontractors. Cons1+ltant agrees to take appropriate measures necessary to ensure that
all Project participants, such as subcontractors, comply with all applicable federal laws,
regulations, and policies affecting Project implementation. In addition, if a subcontractor
is expected to fulfill any responsibilities of the Consultant under this Agreement, the
Consultant shall assure 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 (12) 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 the
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:
1. CGL. Insurance Services Office Commercial General Liability coverage (occurrence
Form CGOOOl).
11 Auto. Insurance Services Office Form Number CA 0001 covering Automobile
Liability, Code 1 (any auto).
iii. We. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
iv. E&O. Professional Liabilityor Errors & Omissions Liability insurance appropriate to
the Consultant's profession. Architects' and Engineers' coverage is to be endorsed to
include contractual liability. .
6-51
Page 4
3. .Minimum Limits of Insurance. Contractor must maintain limits no less than those
included in the table below:
i. General Liability: $1,000,000 per occurrence for bodily injury, personal injury,
(Including (includi:iJ.g 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'1ocation or the general aggregate limit must be twice the
operations, as required occurrence limit.
applicable)
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
Liability: $1,000,000 disease-each employee
iv. Professional $1,000,000 each occurrence
Liability or Errors
& Omissions
Liability:
4. Deductibles and Self-Insured Retentions. Any deductib1es 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 fusurance Provisions. The general liability, automobile liability, arid where
appropriate, the worker's compensation policies are to contain, or be endorsed to contain,
the following provisions:
1. Additional Insureds. SN..mAG and the City of Chula Vista, their officers, officials,
employees, agents, and volunteers are to be named as additional insureds with respect
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
contractor's insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the
endorsement must not exclude Products/Completed Operations coverage.
11. Primary Insurance. The Consultant's General Liability insurance coverage must be
primary insurance as it pertains to SAJ.'IDAG, the City, their officers, officials,
6-52
Page 5
,
employees, agents, and volunteers. Any insurance or self-insurance maintained by
SANDAG, the City, their. officers, officials, employees, or volunteers is wholly
separate from the insurance of the contractor and in no way relieves the contractor
from its responsibility to provide insurance.
iii. Cancellation. The insurance policies required must be endorsed to state that coverage
will not be canceled by either party, except after thirty (30) days' prior written notice
to the City by certified mail, return receipt requested.
iv. 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 insi.rred would be invalid under Subdivision (b) of Section
2782 of the Civil Code.
v. Waiver o/Subrogation. Consultant's insurer will provide aWaiver of Subrogation in
favor of SANDAG and 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:
1. Retro Date. The "Retro Date" must be shown, and must be before the date of the
contract or the beginning of the contract work.
11. Maintenance and Evidence. Insurance must be maintained and evidence of insurance
must be provided for at least five (5) years after completion of the contract work.
iii. Cancellation. If coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a "Retro Date" prior to the contract effective date, the
Consultant must purchase "extended reporting" coverage for a minimum of five (5)
years after completion of contract work.
lV. Copies. A copy of the claims reporting requirements mustbe 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, and a financial size of $10 million to $24 million. A Lloyds of London
program provided by syndicates of Lloyds Of London and other London insurance
carriers, providing all participants are qualified to do business in California and the policy
provides for an agent for service of process in California.
8. Verification of Coverage. Consultant shall furnish the City with original certificates and
amendatory endorsements effecting coverage required by Section C. The endorsements
should be on insurance industry forms, provided those endorsements or policies conform
to the contract requirements. All certificates and endorsements are to be received and
6-53
Page 6
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. Consultants must include all sub consultants as insureds under its policies
or furnish separate certificates and endorsements for each slibconsultant. All' coverage for
sub consultants are subject to ali of the requirements included in these specifications.
.10. Not a Limitation of Other Obligations. 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
Consultanno provide a Performance Bond (indicated by a check mark in the
. parenthetical space immediately preceding the subparagraph entitled "Perforniance
Bond"), then Consultant shall provide to the City a performance bond 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 tl).e 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 liffiits so required. Form must be satisfactory to the Risk Manager or City
Attorney which amount is indicated in the space adjacent to the term, "Performance.
Bond", in said Exhibit A, Paragraph 18.
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
their 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 CityAttomey which amount is indicated in the space adjacent to the term,
"Letter of Credit", in said 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
other security therein listed in a form and amount satisfactory to the Risk Manager or
City Attorney..
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Page 7
E. Business License. Consultant agrees to obtain a business license from the City and to
. otherwise comply with Title 50f theChula 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 therein contained, and to
provide direction and guidance to achieve the objectives of this agreement. The City shall
permit access to its office facilities, files and records by Consultant throughout the term of
the agreement. In addition thereto, City agrees to provide the information, data, items and
materials set forth on Exhibit A, Paragraph 9, and with the further understanding that delay in
the provision of these materials beyond thirty (30) days after authorization t6 proceed, shall
constitute a basis for the justifiable delay in the Consultantis performance of this agreement.
B. Compensation.
1. Following Receipt of Billing. Upon receipt of a properly prepared billing from
Consultant submitted to the City periodically 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. Sunporting 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
thereunder 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. Exclusioris. In determining the amount of the compensation City will exclude any cost 1)
incurred prior to the effective date of this Agreement; 2) arising out of or related to the
errors, omissions, negligence or acts of willful misconduct of the Consultant, its agents,
employees, or subcontr:actors.
1. Errors and Omissions. In the event that the City Administrator determines that the
Consultants' 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 herein is intended to limit City's
rights under other provisions ofthis agreement.
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Page 8
4. Payment Not Final Approval. The Consultant understands and agrees that payment to the
Consultant for any Projectcost 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'nesponsibility to return any
funds due City as a result oflater refunds, corrections, or other similar transactions; nor
will Proj ect 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.
1. Consultant's Obligation to Pay. Upon notification to the Consultant that specific
amounts ar.e 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 ofwhethet 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.
4. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is
designated as an FPPC Filer, Consultant further warrants and represents that Consultant
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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 of City if Consultant learns of an economic interest
of Consultant's that may result in a con.flict 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:
1. That 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.
11. That 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.
iii. That Consultant Associates shall not acquire any such Prohibited Interest within the
Term of this Agreement, or for twelve months after the expiration of this Agreement,
except with the written permission of City.
iv. That 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 DAi'vlAGES
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 essen.ce 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.
2. Amount of Penal tv. Failure to complete the Defined Services within the allotted time
period Specifi~d in this Agreement shall result in the following penalty: For each
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consecutive calendar day in excess of the time specified for the completion of the
respective work assignnient 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,
Consultantshall be excused froni. performing that act for the period of time equal to the
period of time of the pr~velltion 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 (10) 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 Professional Services covered under
Article V, Section (A)(2), Consultant shall defend, indemnify, protect and hold harmless
the City, its elected and appointed officers 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 negligent acts or omissions or willful misconduct of
Consultant, its officials, officers, employees, agents, and contractors, arising out of or in
connection with the performance of the Defi.ned 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 or sole
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, or agents or officers. .
2. Professional Services. For those professionals who are required to be licensed by the
state (e.g. architects, landscape architects, surveyors and engineers) ("Design
Professionals"), Design Professionals shall defend, indemnify and hold the City, its
officials, officers, employees, volunteers, and agents free and hanllless 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 any negligent acts, errors. or omissions, recklessness, or
willful misconduct of Design Professional, its officials, officers, employees, agents,
consultants, and contractors arising out of or in connection with the performance of the .
Design Professional's Services. Also covered is iiability arising from, connected with, .
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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 Design Professional, its employees, or
agents or officers. The Design Professional's duty to indemnify, protect and hold
harmless shall not include any claims or liabilities arising from the sole ~egligence or
sole willful misconduct of the City, its agents, officers or employees. This section in no
wayalters, affects or modifies the Design Professional's obligation and duties under this
Agreement.
3. Costs of Defense and Award. Included in the obligations in Sections 1 and 2 is the
Consultant's obligation to defend, at Consultant's own cost, expense and risk; any and all
aforesaid suits, actions or other legal proceedings of every kind that may be brought or.
instituted against the City, its directors, officials, officers, employees, agents and/or
volunteers. Consultant shall pay aild 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 legal expense and cost incurred by each of them in connection
therewith.
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 arid 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,.
..
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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 Consul\ant of such
termination and specifying the effective date thereof, at least thirty (30) days before the
effective date of such termination. In that event, all finished and unfinished documents and
other materials described 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 slich termination. Consultant hereby
expressly waives any and all claims for damages or compensation arising under this
Agreement except as set forth herein.
. 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 and SA.l\fDAG or their 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 COi\ifPLETION, AUDIT, AND CLOSEOUT
A. Project Completion. Within ninety (90) calendar days following Project completion or
termination by CITY, the Consultant agrees to submit a final certification of Project expenses
and audit reports, as applicable.
.. .
B. Audit of Consultants.. The Consultant agrees to have performed financial and compliance
audits City may require. The Consultant also agrees to obtain any other audits required by
City. The Consultant agrees that Project closeout will not alter the 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 ackllowledges 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 -wTitten notification from City
ARTICLE VIII. MISCELLAt~cOUS PROVISIONS.
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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.
1. Limited Consent. City hereby consents to the assignment of the portions of the Defined
Services identified in Exhibit A, Paragraph 16 to the sub consultants identified thereat 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 pub.lish; disclose (except as maybe 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 resp9nsible for the payment of same and
shall hold the City harmless with regard thereto.
1. Actions on Behalf ofCitv. Except as City may specify in writing, Grantee shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever, as an
agent or otherwise. Grantee 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, the Consultant agrees
and shall require that it's agents, employees, subcontractors agree that neither the City
nor SA.NDAG shall 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 the City or SA.NDAG may have concurred
in or approved any solicitation, sub agreement, ot third party contract at any tier, neither
City nor SAJ.'IDAG shall have any obligations or liabilities to such other party.
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D. Administrative Claims Requirements and Procedures. No suit or arbitration shall be
brought arising out of this agreement, against the City unless a claim has first been presented
in writing and filed with the City and acted upon by the City in accordance with the
procedures set forth in Chapter 1.34 of the Chuli 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 herein, and such policies and procedures used by the 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") mdicated on Exhibit A, Paragraph 12, as said party's contract administrator
who is authorized by said party to represent them in the routine administration of this
agreement.
F. Term. This Agreement shall tetrpinate when the Parties have complied with all executory
provisions hereof. .
. G. Attorney's Fees. Should a dispute arising out afthis 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 attorney's fees and court costs incurred. The "prevailing party"
shall be deemed to be the party 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 said 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.
1. Consultant is Real Estate BrokerandJor Salesman. If the boxon Exhibit A, Paragraph 15
is marked, the Consultant and/or their principals is/are licensed with the State of California or
some other state as a licensed real estate broker or salesperson. Otherwise, Consultant
represents that neither Consultant, nor their principals are licensed real estate brokers or
salespersons.
J. 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 party, postage prepaid, registered or certified, 'with
return receipt requested, at the addresses identified herein as the places of business for each
of the designated parties.
K. Integration. This Agreement, together with any other written documentreferred to or
contemplated herein, embody the entire Agreement and understanding between the parties
relating to the subject matter hereof. Neither this Agreement nor any provision hereof may
be amended, modified, waived or discharged except by an instrument in writing executed by
the party against which enforcement of such amendment, waiver or discharge is sought.
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1. Capacity of Parties. Each signatory and party hereto hereby 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 resolutions or other actions have been taken so as to enable
it to enter into this Agreement.
M. Governing LawNeliue. 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 hereunder, shall be the City of Chula Vista.
(End of page. Next page is signature page.)
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Signature Page
to
Agreement between
City of Chula Vista
and
RECON Environmental Inc.
for Biological Consulting Services Associated \Vith the Central City Coastal Cactus Wren
Habitat Restoration and Erihancement Program
IN WITNESS VfHEREOF, City and Consultant have executed this Agreement th,ereby
indicating that they have read and understood same, .and indicate their full and complete consent
to its terms:
Dated:
City of Chula Vista
By:
Cheryl Cox, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
Bart Miesfeld, City Attorney
Dated:
By: ~~..". ~"\.(,l.'C'
[Roberta Herdes, Vice President]
Exhibit List to Agreement
( ) Exhibit A.
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Page 17
Exhibit A
to
Agreement bet:ween
City of Chula Vista
and
RECON Environmental Inc.
1. Effective Date of Agreement: Same as :final City signature on page 15 of this agreement.
2. City-Related Entity:
(X) City ofChula Vista, a municipal chartered corporation of the S tate of California
(.) Redevelopment Agency of the City ofChula Vista, a political subdivision of the State of
Ca1ifornia .
( ) Industrial Development Authority, of the City of Chula Vista, a .
( ) Other:
, a [insert business form]
("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
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Page 18
7. General Duties:
Consultant shall provide the necessary biological technical serVices to successfully implement
the Central City Coastal Cactus Wren Habitat Restoration and Enhancement Program, a program
specifically.designed to restore 10-acres Of degraded coastal cactus wren habitat within the
City's Central City Preserve. Consultant shall perform all work in related to this project in
accordance with the scope of work herein below to the satisfaction of the City's Environmental
Review Coordinator.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
1.0 Pre-project Data Collection. (Deliverable 1): Consultant shall conduct a census of
coastal cactus wrens within and adjacent to each the restoration and enhancement
areas using a point count method. A qualified biologist must perform the census
and shall record the point counts of observed bird species using a GPS device.
The data collected during the pre-project point count survey will be used during
project implementation (Task 2 below) to further refine (in the field) areas to be
thinned, detached, restored, and enhanced. In addition, the information collected
from the point count survey will be used to establish a baseline condition to
measure success of the restoration and enhancement efforts.
2.0 Project Implementation (Deliverable 2):
2.1 Consultant shall conduct a field visit to confirm areas suitable for
restoration and/or enhancement activates based on the GPS data collected
during the pre-project monitoring survey. The consultant shall delineate
the boundaries of. the restoration and enhancement areas using
prominently colored markers and shall identify and mark shrubs to be
thinned.
2.2 Consultant shall establish permanent photo pOiIlts at each restoration and
enhancement site to document baseline conditions arid project success.
2.3. Consultant shall dethatch areas dominated by non-native annuals using
weed whips. Dethatching consists of cutting dried weedy material and
removing it from the site. Consultant shall rake up the plant material and
deposit in green waste recycling dumpsters (provided by the Consultant)
for removal. The Consultant shall monitor the thinnirig and removal of
vegetation to ensure impacts to sensitive are avoided.
2.2 . Consultant shall collect existmg cholla cuttings from within the CC PMA
for dispersal within newly created open areas within the restoration and
. enhancement sites.
2.3 Consultant shall cut, thin, and or remove selected shrubs around existing
cholla patches of nesting size to redu~e fire risk and to increase openings
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Page 19
in maritime succulent scrub habitat for use by foraging cactus wren and
other wildlife.
2.4 Consultant shall apply herbicide (garlon and/or glyphosate) immediately
after cutting large shrubs to prevent re-growth around nesting sized cholla
patches.
2.5 Consultant shall control the growth of existing and newly germinated
weeds within the restoration and enhancement sites for a period of up to
five years by applying glyphosate prior to seed set.
2.6 Consultant shall, where feasible, use native brush generated from thinning
efforts to barricade unauthorized trails and/or to create additional wildlife
habitat in degraded areas within the restoration and enhancement areas.
3.0 Annual Monitoring:
3.1 Consultant shall take photographs from each of the established photo
points for a period of up to five years in order document long-term
changes in vegetation at each restoration and enhancement site.
3.2. . Consultant shall conduct point counts for birds each spring for a period of
up to five years to assess wildlife use of the restoration and enhancement
sites.
3.3 Consultant shall estimate and document the cover of shrubs and density of
cholla at each restoration and enhancement site for a period of up to five
years. Consultant shall estimate vegetation cover using the releve method.
4.0 Reporting:
4.1 Quarterly Reports (Deliverable 3): Consultant shall provide quarterly
progress reports to document the restoration and enhancement activities.
Quarterly reports shall be provided in December, March, June and
September of each year for a period of up. to five years. Consultant shall
prepare a total of fifteen Quarterly Reports. For the purposes of the
agreement, the quarterly report for September shall also constitute as the
Annual Report as described in Task 4.2 below.
.4.2 Annual Report (Deliverable 4): Consultant shall prepare an Annual Report
that summarizes restonitionlenhancement efforts, evaluates the monitoring
results and includes management recommendations for the next season.
Consultant shall provide a total of five Annual Reports. For the purposes
of this agreement, the quarterly report for September of each year shall be
incorporated into the Annual Report for each respective year.
4.3 Final Report (Deliverable 5): Consultant shall prepare one Final Report
documenting the project results recorded over the five-year monitoring
period. The Final Report shall include a discussion of future management
needs for coastal cactus wren in the restoration and enhancement areas.
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Page 20
For the purposes of this agreement; the Final Report shall be incorporated
into the Year 5 Annual Report due September of2014.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliver abIes:
Deliverable No.1: Consultant shall perform the pre-project data collection activities
beginning August 2009. '
Deliverable No.2: Consultant shall commence project implementation activities, as
described in Task No.2 above, beginning September 2009 following the avian breeding
season"
Deliverable No.3: Consultant shall provide quarterly progress reports in December,
March, June and September of each year. Quarterly reports shall be submitted to the City .
by the 1 st of each month beginning December 1, 2009 and continue each year for a period.
of up to five years. Consultant shall provide five copies of each Quarterly Report for a
total of 45 reports.
Deliverable No.4: Consultant shall provide an Annual Report by the 1 sl of September
beginning in 2010 and continue each year for a period of up to five years. Consultant
shall provide five copies of each Annual Report for a total of 25 reports.
Deliverable No.5: Consultant shall provide one Final Report. The Final Report shall be
incorporated into the Year 5 Annual Report due September 1,2014.
D. Date for completion of all Consultant services: September 1, 2014
9. ,Materials Required to be Supplied by City to Consultant:
None
10. Compensation:
A. ( ) Single Fixed Fee Arrangement.
F or performance of all of the Defined Services by Consultant as herein requrred, 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:
, payable as follows:
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Page 21
Milestone or Event or Deliverable
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 19is 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 Contractor shall.have represented in writing that
said percentage of completion of the phase has been performed by the Contractor.
The practice of making interinl monthly advances shall not convert this agreement to
a time and materials basis of payment.
B. ( ) Phased 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.
2.
3.
Fee for Said Phase
$
$
$
( ) 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
6-69
Page 22
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 b~ made unless the Contractor shall have represented in writing that
said percentage of completion of the phase has been performed by the Contractor.
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 byConsultant 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: .
(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 $
including all Materials, and other "reimb1.irsables" ("Maximum Compensation").
(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 writiilg and
approved by the City. Nothing herein shall preclude Consultant from providing additional
Services at Consultant's own (;ost and expense.
Category of Employee
Principal
Senior
Associate
Assistant
Field Director
Field Crew Chief
Field Technician
GIS Specialist
Production Specialist
Rate Schedule
Name of Consultant
Robert MacAller-Recon EnVironmental Inc.
Mark Dodero- Recon Environmental Inc.
Erin McKinney- Recon Environmental Inc.
Beth Procsal- Recon Environmental Inc.
John Fluharty- Recon Environmental Inc.
Various- Recon Environmental Inc.
Various- Recon Environmental Inc.
Sean Bohac- Recon Environmental Inc.
Greg Kazmer- Recon Environmental Inc.
6-70
Hourly Rate*
$184.00.
$150.00
$123.00
$ 87.00
$115.00
$46.00
$34.00
$81.00
$54.00
Page 23
* Billing Rates for Fiscal Year 2009-2010. Billing rates increase approximately 3.5% annually.
( ) 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
F or 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. .
( )
( )
( )
( )
( )
( )
( )
( )
Cost or Rate
$
$
$
$
$
$
$
$
$
$
Reports, not to exceed $
Copies, not to exceed $
Travel, not to exceed $
Printing, not to exceed $
Postage, not to exceed $
Delivery, not to exceed $
Long Distance Telephone Charges, not to exceed $
Other Actual Identifiable Direct Costs:
, not to exceed $
, not to exceed $
12. Contract Administrators:
City:
Ed Batchelder
Advanced Planning Manager
27 6 F ourth Avenue
Chula Vista, CA 91910
Voice Phone: (619) 691-5005
Fax Phone: (619) 409-5859
Consultant:
Robert McAlier
1927 Fifth Avenue
San Diego, CA 92101-2358
Voice Phone: (619) 308-9333
Fax Phone: (619)308-9334
13. Liquidated Damages Rate:
( ) $
( ) Other:
per day.
6-71
Page 24
14. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest
Code: .
(X) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
( ) Category No. 1. Investments and sources of income.
( ) Category No.2. Interests in real property.
) Category No. 3. Investments, interest in real property and sources of income subject
to the regulatory, permit or licensing authority of the department.
( ) Category No.4. Investments 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 ill business entities .and sources of income of the type
which, within the past two years, have contracted with the City of Chula Vista
(Redevelopment Agency) to provide services, supplies, materials, machinery or
equipment.
( ) Category No.6. Investments in business entities and sources of income ofthe type
which,.within the past two years, have contracted with the designated employee's
department to provide services, supplies, materials, machinery or equipment.
( ) Category No.7. Business positions.
( ) List "Consultant Associates" interests in real property within 2 radial miles of Project
Property, if any:
15. (. ) Consultant isReal Estate Broker and/or Salesman
16. Permitted Subconsultants: None
6-72
Page 25
1. 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:
2. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
( ) Retention. If this space is checked, then notvrithstanding 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 "R<:tention
Amount" until the City determines that the Retention Release Event, listed below, has
occurred:
( ) Retention Percentage:
( ) Retention Amount: $
%
Retention Release Event:
( ) Completion of All Consultant Services
( ) Other:
J:\PlanningiGLaubeiMSCPIGRAN1\CC.PMAIRECON_2pty\RECON _ Tnet_2PTY15.doc
6-73
Page 26
RESOLUTION NO. 2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RATIFYING AND APPROVING SUBMITTAL
OF A GRAt"JT APPLICATION TO THE SA1"J DIEGO
ASSOCIATION OF GOVERt"fMENTS TO SUPPORT A MULTI-
YEAR LAND MANAGEMENT PROGRAt\1 TO RESTORE
A1"JD ENHA1"JCE DEGRADED COASTAL CACtuS WREN
HABIT AT WITHIN THE CHULA VISTA MULTIPLE SPECIES
CONSERVATION PROGRAM SUBAREA PLAN CENTRAL
CITY PRESERVE MA1"JAGEMENT AREA
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 ofFish and Game as a State Species of Special Concern; and
. WHEREAS ,loss and degradation of Coastal cactus -wren habitat within the City's MSCP
Central City Preserve is occurring due to weed invasion, drought, and vegetation succession; and
WHEREAS, in November 2004, the voters of San Diego CoUnty approved the San Diego
Association of Governments (SA1"JDAG) Ordinance 04-01, which extended the TransNet one-
half cent sales and use tax through 2048 (Extension Ordinance); and
WHEREAS, the TransNet Extension Ordinance contains provisions for the creation of an
Environmental Mitigation Program (EMP), which began being funded by the Extension
Ordinance on April 1, 2008, and
WHEREAS, in May 2008, SANDAG issued a request for proposals from entities wishing
to apply for a portion of the EMP funds for use on environmental land management projects
meeting certain criteria; and
WHEREAS, the City's proposed restoration and enhancement program has been
developed to ensure the prolongation of the Coastal cactus -wren through active management of
suitable Cactus -wren habitat; and
WHEREAS, the activities offered though the proposed 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, the proposal 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, if awarded the grant, will enter into an agreement with SA1"JDAG
to carry out an education project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of theCi"ty of Chula
6-74
Vista does hereby ratify and approve the filing of an application for environmental land
management grant program funds through the San Diego Association of Governments Transnet
Environmental Mitigation Program.
Presented by
Gary Halbert
Deputy City Manager!
Development Services Director
6-75
RESOLUTION NO. 2009-
RESOLUTION OF THE CITY C01JNCIL OF THE CITY OF CHULA
VISTA APPROVING GRANT AGREEMENT 5001130 BETWEEN THE
SAN DIEGO ASSOCIATION OF GOVERNMENTS AND THE CITY
OF CHULA VISTA REGARDING CACTUS WREN HABITAT
RESTO,RATION ("AGREEMENT") AND AUTHORIZING THE CITY
MAl"lAGER TO EXECUTE THE AGREEMENT AND ALL RELATED
DOCUMENTS IN CONJUNCTION WITH IMPLEMENTING THE
AGREEMENT
WHEREAS, the Coastal cactus wren is a Covered Species under the Chula Vista 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 Central City
Preserve Management Area is occurring due to weed invasion, drought, and vegetation
succession; and
WHEREAS, the proposed restoration and enhancement program has been developed to
ensure the prolongation of the Coastal cactus wren through active management of suitable Cactus
wren habitat; and
WHEREAS, the activities offered though the proposed 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 City's adopted habitat management
plans to ensure that MSCP Covered Species are adequately protected; and
WHEREAS, the San Diego Association of Governments awarded the City a grant in the
amount of $373,048.00 to carry out the proposed habitat restoration and enhancement program.
NOW THEREFORE BE IT RESOLVED the City Council of the City of Chula Vista
does hereby approve the Agreement between the San Diego Association of Governments and
the City Of Chula Vista Regarding Cactus Wren Restoration to restore and enhance degraded
Coastal cactus wren habitat within the Central City Preserve Management Area.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
Agreement and all related documents in conjunction with implementing the Agreement.
Gary Halbert
Deputy City Manager /
Development Services. Director
--_.~ -
Presented by
I .
6-76
RESOLUTION NO. 2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VIST A WAIVING THE FORL\I1AL
CONSULT A1"\fT SELECTION PROCESS, At'ID
APPROVING A TWO-PARTY AGREEMENT
BETWEEN THE CITY OF CHULA VISTA A1'ID
RECON ENVIRONMENTAL INC. ("CONSUlTANT"),
TO PERFORM BIOLOGICAL CONSUlTING
SERVICES FOR THE CENTRAL CITY COASTAL
CACTUS WREN HABITAT RESTORATION AND
ENHA1"\fCEMENT PROGRA1\1 ("AGREEMENT") AND
AUTHORIZING THE CITY rv1A1"\fAGER TO EXECUTE
THE AGREEMENT MID ALL RELATED
DOCUMENTS IN CONJUNCTION WITH
IMPLElYfENTING THE AGREEMENT
WHEREAS, the City is responsible for the management and protection of
Covered Species within the Central City PrvLA.; and
WHEREAS, the Consultant previously conducted the baseline biological
resources surveys for the City's Central City Preserve. Management Area ("Central City
PMA"); and ~
WHEREAS, the Consultant previously prepared the Central City Area Specific
Management Directives which provide guidelines for the protection, maintenance, and
management of the biological resources contained within the Central City PMA to ensure
that Covered Species are adequately protected; and
WHEREAS, the Consultant assisted the City in developing a grant proposal to
receive funding through the San. Diego Association bfGovernments (SA1"\fDAG) to
implement a program designed to restore and enhance degraded coastal cactus wren
habitat the Central City PMA; and
WHEREAS, On September 26, 2008, SANTIAG's Board of Directors approved
the City's grant proposal and awarded the City a grant in the amount of$373,048 to
implement a 5- Y ear coastal cactus wren habitat restoration and enhancement program;
and
WHEREAS, in accordance with CVMC 2.56.070, the Consultant was solely
selected based upon its experience and unique understanding of the Central City PMA.
and the fact that it has consistently demonstrated that it possesses the qualifications
required to perform the services outlined in the detailed scope of work; and
6-77
"WHEREAS, in accordance with Council Policy l02-05, the scope of services to
be provided by Consultant is not similar in scope to those of separate contracts under
which Consultant currently provides services to the City; and
"WHEREAS, staff recommends waiving the formal bid process as impractical due
to the Consultant's familiarity and unique understanding of the Central City PMA as it
applies to this project.
NOW, THEREFORE; BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby waive the formal selection consultant process.
BE IT FURTHER RESOLVED that the City Council does hereby approve the
two-party agreement with Recon Environmental, Inc. and the City of Chula Vista for
consulting services on the Central City Coastal Cactus Wren Habitat Restoration and
Enhancement Program and authorizes the City Manager to execute the Agreement and all
related documents in conjunction with implementing the Agreement.
Gary Halbert, P.E., AICP
Deputy City Manager I Development
Services Director
Presented by
6-78
OFFICE OF THE CITY ATTORNEY
CITY OF CHULA VISTA
MEMO
DATE: April 21, 2009'
TO: Honorable Mayor and Members of the City Council
FROM: David Miller, DCA
SUBJECT: Minor Changes to Exhibit A forcAgenda-IterrtfLo(c)},
With respect to Agenda item 6(c), minor changes have been made to Exhibit "A" of the Two-Party
Agreement between the City of Chula Vista and RECON Environmental, Inc. ("Consultant"), for
Biological Consulting Services Associated with the Central City Coastal Cactus Wren Habitat
Restoration and Enhancement Program
The changes made are as follows:
1.) The date for "Commencement of Consultant Services" has been changed to August 3, 2009 from the
date of contract execution. (Exhibit A, Page 21).
2.) The "Not to Exceed Limitation on Time and Materials Arrangement" has been revised to reflect the
contract dollar amount of$334,700.00. (Exhibit A, Page 23).
3.) A table describing the consultant's "Maximum Compensation per Year / Task" has been added to
specify how contract dollars may be allocated and used. (Exhibit A, Page 24)./~
The Consultant has signed off on all of these changes and provided a Ie r 0 that/~t.
Exhibit A
to
Agreement between
City of Chula Vista
and
RECON Environmental Inc.
1. Effective Date of Agreement: Same as final City signature on page 15 ofthis agreement.
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation of the State of California
( ) Redevelopment Agency of the City ofChula Vista, a political subdivision ofthe State of
California
( ) Industrial Development Authority of the City of Chub Vista, a
( ) Other:
, a [insert business form]
("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
Page 18
7. General Duties:
Consultant shall provide the necessary biological technical services to successfully implement
the Central City Coastal Cactus Wren Habitat Restoration and Enhancement Program, a program
specifically designed to restore 1 a-acres of degraded coastal cactus wren habitat within the
City's Central City Preserve. Consultant shall perform all work in related to this project in
accordance with the scope of work herein below to the satisfaction of the City's Environmental
Review Coordinator.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
1.0 Pre-project Data Collection (Deliverable 1): Consultant shall conduct a census of
coastal cactus wrens within and adjacent to each the restoration and enhancement
areas using a point count method. A qualified biologist must perform the census
and shall record the point counts of observed bird species using a GPS device.
The data collected during the pre-project point count survey will be used during
project implementation (Task 2 below) to further refine (in the field) areas to be
thinned, detached, restored, and enhanced. In addition, the information collected
from the point count survey will be used to establish a baseline condition to
measure success of the restoration and enhancement efforts.
2.0 Project Implementation (Deliverable 2):
2.1 Consultant shall conduct a field V1Slt to confinn areas suitable for
restoration and/or enhancement activates based on the GPS data collected
during the pre-project monitoring survey. The consultant shall delineate
the boundaries of the restoration and enhancement areas using
prominently colored markers and shall identify and mark shrubs to be
thinned.
2.2 Consultant shall establish permanent photo points at each restoration and
enhancement site to document baseline conditions and project success.
2.3 Consultant shall dethatch areas dominated by non-native am1Uals using
weed whips. Dethatching consists of cutting dried weedy material and
removing it from the site. Consultant shall rake up the plant material and
deposit in green waste recycling dumpsters (provided by the Consultant)
for removal. The Consultant shall monitor the thinning and removal of
vegetation to ensure impacts to sensitive are avoided.
2.2 Consultant shall collect existing cholla cuttings from within the CC PMA
for dispersal within newly created open areas within the restoration and
enhancement sites.
2.3 Consultant shall cut, thin, and or remove selected shrubs around existing
cholla patches of nesting size to reduce fire risk and to increase openings
Page 19
in maritime succulent scrub habitat for use by foraging cactus wren and
other wildlife.
2.4 Consultant shall apply herbicide (garlon and/or glyphosate) immediately
after cutting large shrubs to prevent re-growth around nesting sized chol1a
patches.
2.5 Consultant shall control the growth of existing and newly genninated
weeds within the restoration and enhancement sites for a period of up to
five years by applying glyphosate prior to seed set.
2.6 Consultant shall, where feasible, use native brush generated from thinning
efforts to barricade unauthorized trails ancl/or to create additional wildlife
habitat in degraded areas within the restoration and enhancement areas.
3.0 Annual Monitoring:
3.1 Consultant shall take photographs from each of the established photo
points for a period of up to five years in order document long-tenn
changes in vegetation at each restoration and enhancement site.
3.2 Consultant shall conduct point counts for birds each spring for a period of
up to five years to assess wildlife use of the restoration and enhancement
sites.
3.3 Consultant shall estimate and document the cover of shrubs and density of
cholla at each restoration and enhancement site for a period of up to five
years. Consultant shall estimate vegetation cover using the releve method.
4.0 Reporting:
4.1 Quarterly Reports (Deliverable 3): Consultant shall provide quarterly
progress reports to document the restoration and enhancement activities.
Quarterly reports shall be provided in December, March, June and
September of each year for a period of up to five years. Consultant shall
prepare a total of fifteen Quarterly Reports. For the purposes of the
agreement, the quarterly report for September shall also constitute as the
Annual Report as described in Task 4.2 below.
4.2 Annual Report (Deliverable 4): Consultant shall prepare an Annual Report
that summarizes restoration/enhancement efforts, evaluates the monitoring
results and includes management recommendations for the next season.
Consultant shall provide a total of five Annual Reports. For the purposes
of this agreement, the quarterly report for September of each year shall be
incorporated into the Annual Report for each respective year.
4.3 Final Report (Deliverable 5): Consultant shall prepare one Final Report
documenting the project results recorded over the five-year monitoring
period. The Final Report shall include a discussion of future management
needs for coastal cactus wren in the restoration and enhancement areas.
Page 20
For the purposes of this agreement, the Final Report shall be incorporated
into the Year 5 Annual Report due September of2014.
B. Date for Commencement of Consultant Services:
( ) Same as Effective Date of Agreement
(X) Other: August 3, 2009
C. Dates or Time Limits for Delivery of Deliver abies:
Deliverable No.1: Consultant shall perform the pre-project data collection activities
beginning August 2009.
Deliverable No.2: Consultant shall commence project implementation activities, as
described in Task No.2 above, beginning September 2009 following the avian breeding
season.
Deliverable No.3: Consultant shall provide quarterly progress reports in December,
March, June and September of each year. Quarterly reports shall be submitted to the City
by the 15t of each month beginning December 1, 2009 and continue each year for a period
of up to five years. Consultant shall provide five copies of each Quarterly Report for a
total of 45 reports.
Deliverable No.4: Consultant shall provide an Annual Report by the 15t of September
beginning in 2010 and continue each year for a period of up to five years. Consultant
shall provide five copies of each Annual Report for a total of25 reports.
Deliverable No.5: Consultant shall provide one Final Report. The Final Report shall be
incorporated into the Year 5 AImual Report due September 1, 2014.
D. Date for completion of all Consultant services: September 1, 2014
9. Materials Required to be Supplied by City to Consultant:
None
10. Compensation:
A. ( ) Single Fixed Fee Arrangement.
For perfomlance 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:
, payable as follows:
Page 2 I
Milestone or Event or Deliverable
Amount or Percent of Fixed Fee
( ) 1. Interim Monthly Advances. The City shall make interim monthly advances
against the compensation duc 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 consiuereu as interest
free loans that must be retumed to the City ifthe Phase is not satisfactorily
completed. Ifthe 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 Contractor shall have represented in writing that
said percentage of completion ofthe phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert this agreement to
a time and materials basis of payment.
B. ( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion ofthe 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
Fee for Said Phase
1.
2.
3.
$
$
$
( ) 1. Interim Monthly Advances. The City shall make interim monthly auvances
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 retumed to the City if the Phase is not satisfactorily
completed. Ifthe 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
Page 22
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 Contractor shall have represented in writing that
said percentage of completion of the phase has been performed by the Contractor.
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 perfomlance of the Defined Services by Consultant as herein required, City shall pay
Consultant for the producti ve hours 0 f time spent by Consultant in the performance of said
Services, at the rates or amounts set forth in the Rate Schedule herein bclow according to the
following tenns and conditions:
(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 amounts shown in the Maximum Compensation per Year /
Task table below, Consultant agrees that Consultant will perform all ofthe Defined
Services herein required of Consultant for $334,700.00, including all Materials, and other
"reimbursables" ("Maximum Compensation").
Page 23
Maximum Compensation per Year / Task
Phase Task Hours Cost
Year 1
Site Preparation (Dethatching/Rcll1ovcll) IG38 $73,400
Follow-up herbicide Treatment 278 S 12,400
Cactus Planting 720 $22,600
Maintenance 550 $23, 1 00
Monitoring 144 $17,900
Reporting 87 $9,000
Expenses (Plant production, herbicide, printing, etc) $24,000
Subtotal $182,400
Year 2
rvlall1tenancc 504 $27,000
Monitoring G4 $7,600
Reporting G8 $7,700
Expenses (I-lerbicide, Printing, etc) $2,000
Subtotal $44,300
Year 3
Maintenance 388 $21,600
Monitoring 64 $7,800
Reporting 68 $7,900
Expenses (Herbicide, Printing, etc) $1,000
Subtotal $38,300
Year 4
Maintenance 276 $16,200
Monitoring 64 $8,100
Reporting 68 $8,200
Expenses (Herbicide, Printing, etc) $ 1000
Subtotal $33,500
Year 5
Maintenance 276 $16,800
Monitoring 64 $8,400
Reporting 80 $10,000
Expenses (Herbicide, Printing, etc) $1,000
Snbtotal $36,200
Total $334,700
(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.
Page 24
Rate Schedule
Category of Employee
Principal
Senior
Name of Consultant
Robe11 MacAller-Recon Environmental Inc.
Mark Dodero- Recon Environmental Inc.
Associate
Assistant
Erin McKinney- Recon Environmental Inc.
Beth Procsal- Recon Environmental Inc.
John Fluharty- Recon Environmental Inc.
Various- Recon Environmental Inc.
Field Director
Field Crew Chief
Field Technician
VarioLls- Recon Environmental Inc.
GIS Specialist
Production Specialist
Sean Bohac- Recon Environmental Inc.
Greg Kazmer- Recon Environmental Inc.
Hourly Rate"
5 184.00
$150.00
$123.00
$ 87.00
$115.00
54600
534.00
$81.00
$54.00
" Billing Rates for Fiscal Year 2009-2010. Billing rates increase a2proximately 3.5% annually.
( ) Hourly rates may increase by 6% for services rendered after [month], 20 , if delay
in providing services is caused by City.
II. 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 $
() Printing, not to exceed $
() Postage, not to exceed $
() Delivery, not to exceed $
() Long Distance Telephone Charges, not to exceed $
() Other Actual Identifiable Direct Costs:
, not to exceed $
, not to exceed $
12. Contract Administrators:
City:
Ed Batchelder
Advanced Planning Manager
Cost or Rate
$
$
$
$
$
$
$
$
$
$
Page 25
276 Fourth Avenue
Chula Vista, CA 91910
Voicc Phone: (619) 691-5005
Fax Phone: (619) 409-5859
Consultant:
Robert McAlIer
1927 Fifth Avenue
San Diego, CA 92101-2358
Voice Phone: (619) 308-9333
Fax Phone: (619) 308-9334
13. Liquidated Damages Rate:
( ) $
( ) Other:
per day.
14. Statement of Economic Interests, Consultant Reporting Categories, per Conflict ofInterest
Code:
(X) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
( ) Category No.1. Investments and sources of income.
( ) Category No.2. Interests in real property.
( ) Category No. 3. Investments, interest in real property and sources of income subject
to the regulatory, permit or licensing authority of the department.
( ) Category No.4. Investments 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 in business entities and sources of income ofthe type
which, within the past two years, have contracted with the City of Chula Vista
(Redevelopment Agency) to provide services, supplies, materials, machinery or
equipment.
( ) Category No.6. Investments in business entities and sources of income of the type
which, within the past two years, have contracted with the designated employee's
department to provide services, supplies, materials, machinery or equipment.
( ) Category NO.7. Business positions.
Page 26
( ) List "Consultant Associates" interests in real property within 2 radial miles of Project
Propeliy, if any:
15. ( ) Consultant is Real Estate Broker and/or Salesman
16. Permitted Subconsultants: None
Page 27
1. 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:.'
. . (."'-:;, ';''"i': ';_:~"""'"
" ~:>:~'~:.~:~..);~,\. ,< ." :,,~:,,~~,.;;~,:,.'i "_
2. Security for Perfonnance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
( ) 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:
( ) Retention Percentage:
( ) Retention Amount: $
%
Retention Release Event:
( ) Completion of All Consultant Services
( ) Other:
J :\Planning\GLaubelM SCP\GRANT\CC-PMA \RECON 2pty\RECON _ Tnel_ 2PTY IS.doc
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