HomeMy WebLinkAbout2010/11/09 Item 11
CITY COUNCIL
AGENDA STATEMENT
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11/09/10, Item.L
REVIEWED BY:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND RICK ENGINEERING TEAM FOR
PREPARING ENGINEERING DESIGN AND ENVIRONMENTAL
REVrEW SERVICES FOR CAPITAL IMPROVEMENT PROJECT
/
"BONITA CANYON REPAIRS" (D~~ ...
DIRECTOR OF PUBLIC WORKS~ %\
ASSISTANT DIRECTOR OF ENGINEt~
CITY MANAGER ~ r.--
ASSISTANT CIT~~AGER '7/
4/5THS VOTE: YES 0 NO [g]
ITEM TITLE:
SUBM.lTTED BY:
. SUMMARY
On AUgllst 17,2010, per Resolution No. 2010-212, the City Council established a new capital
improvement project for the Bonita Canyon Repairs, amended the Fiscal Year 2010/2011 CIP
Program approving funds, and authorized staff to negotiate a contract with Rick Engineering
Company as the lead consultant and Helix Environmental Planning Inc. as a subconsultant (Rick
Engineering Team).
ENVIRONMENT AL REVIEW
The Environmental Review Coordinator has reviewed the proposal to establish a CIP in order to
begin the engineering design and environmental review necessary to manage the amount of
erosion occurring within Bonita Canyon for compliance with the California Environmental
Quality Act (CEQA) and has determined that there is no possibility that the activity may have
significant effect on the environment. Therefore, pursuant to Section l506l(b)(3) (General Rule)
of the State CEQA Guidelmes the proposed action is not subject to CEQA. Although
environmental review is not necessary at this time, additional environmental review will be
required as applicable prior to the approval of any future project specific development
entitlements including, but not limited to, site development plans, building permits, land
development permits, and cO>lditional use permits.
RECOMMENDA nON
Council adopt the resolution.
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Il/09/10, Item-1L
Page 2 of 3
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
On July 23, 2010, Rick Engineering Company completed a drainage priority assessment of two
canyons, Bonita Canyon and Long Canyon, and determined that the work in Bonita Canyon is
the most critical and has the highest priority among all drainage erosion projects in the City.
Subsequently, on August 17,2010, per Resolution No. 2010-212, the City Council established a
capital improvement project, amended the Fiscal Year 2010/2011 CIP Program approving funds,
and authorized staff to negotiate a contract with Rick Engineering Team for preparing
engineering design and environmental review for the Bonita Canyon Repairs (CIP Project
DR189). After a thorough negotiation, staff was successful in reaching an agreement with Rick
Engll1eering Team to perform the work as described in Resolution No.20l0-2l2 for an amount of
$144,800. This action will allow the City to enter into an agreement with Rick Engineering to
complete the engll1eering design and environmental review for the Bonita Canyon Repairs
proj eel.
Since August of 2010, staff has met with Rick Engineering Company and other departments to
finalize the scope of work for this project. In addition, staff has been coordinating this project
with the County of San Diego since Bonita Canyon Channel flows downstream through the
County of San Diego jurisdiction. Once actual design is developed, Rick Engineering Team will
be able to determine potential impacts of this project on the downstream end of the channel.
Staff recognized that a project of this type will require geotechnical expertise and investigation.
Staff IS planning to employ Ninyo and Moore geotechnical consultant services since they are a
part of on-call consultant service that was approved by the City Council on March 24, 2009, by
Resolution No. 2009-063.
DECISION MAKER 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 that is the subject of this action.
CURRENT YEAR FISCAL IMPACT
City Council approved the appropriation of $150,000 on August 17, 2010, per Resolution No
2010-212 to CIP DR189. This phase of the project will allow the City to implement the
engineering design and the environmental review phase of the Bonita Canyon Repair project.
The construction phase will be brought forward for Council consideration at a future date. Staff
has allocated $144,800 to fund the services provided by the Rick Engineering Team (Rick
Engineering Company as primary consultant and Helix Planning Group, Inc. as subconsultant).
The remaining balance of$5,200 will be allocated to fund the geotechnical services provided by
Ninyo and Moore. Staff time shall be in-kind as this is a general fund project.
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11/09/10, ItemL
Page 3 of 3
For a detailed cost of the project, please refer to the following table:
NAME OF CONSULTANT TYPE OF SERVICES COST
Rick Engineering Company Engineering Services $56,200
Helix Planning Group, Inc. Enviroillnental Services $88,600
Ninyo and Moore Geotechnical and Environmental Geotechnical Services $5,200
Services (on as needed basis, contracted separately by
the City)
TOT AL COST $150,000
ONGOING FISCAL IMPACT
There is no on-going fiscal impact resulting from this initial phase of work. The construction
and environmental mitigation phase of work is preliminarily estimated at $530,00U. The funding
source for maintenance has not been identified.
ATTACHMENTS
Exhibit A. Agreement
Prepared bY' Jamal Naji, Associate Civil Engineer, Public: Works-Engineering.
J:\Engineer\AGENDA\CAS2010\1 I 09-10\Agrcement with Rick Enginen'ingfor Em!!ta Canyon Srudv.doc
11-3
RESOLUTION NO. 2010-
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN
AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND RICK ENGINEERING TEAM FOR
PREPARING ENGINEERING DESIGN AND
ENVIRONMENT AL REVIEW SERVICES FOR
CAPITAL IMPROVEMENT PROJECT "BONITA
CANYON REPAIRS" (DR189)
WHEREAS, the City of Chula Vista's infrastructure includes natural and improved
drainage systems that convey water away from property and ultimately out to the receiving
waters of the Otay and Sweetwater Rivers and the San Diego Bay; and
WHEREAS, staff noticed that Bonita Canyon channel has erosion problems that need to
be repaired to control the erosion in the channel; and
WHEREAS, on July 23, 2010, Rick Engineering Company completed a drainage priority
assessment and determined that the work in Bonita Canyon is the most critical and has the
highest priority among all drainage erosion projects in the City; and
WHEREAS, on August 17, 2010, per Resolution No. 2010-212, the City Council
established a new capital improvement project for Bonita Canyon Repairs project; and
WHEREAS, City of Chula Vista amended the Fiscal Year 2010/2011 CIP Program
approving funds to include Bonita Canyon Repairs project; and
WHEREAS, City Council authorized staff to negotiate a contract with Rick Engineering
Company as the lead consultant and Helix Environmental Planning Inc. as a subconsultant (Rick
Engineering Team); and
WHEREAS, after a thorough negotiation, staff was successful in reaching an agreement
with Rick Engineering Team to perform the work as described in Resolution No.20l0-2l2 for
an amount of $144,800; and
WHEREAS, staff has been coordinating this project with the County of San Diego since
Bonita Canyon Channel Hows downstream through the County of San Diego Jurisdiction; and,
WHEREAS, Consultant warrants and represents that it is experienced and staffed in a
manner such that it can deliver the services required of Consultant to City in accordance with the
time frames and the terms and'conditions of this Agreement.
11-4
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve an agreement between the City of Chula Vista and Rick Engineering
Team for preparing engineering design and environmental review services for Capital
Improvement Project "Bonita Canyon Repairs" (DRI89).
Presented by
Richard A. Hopkins
Director of Public Works
11-5
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPRO L B
T CITY C VNCIL
Dated:
AGREEMENT
BETWEEN THE CITY OF CHULA VISTA, AND
illCKENGmEEillNGCON~ANY
TO PREP ARE ENGINEERmG DESIGN AND
ENVIRONMENTAL REVIEW SERVICES
FOR BONITA CANYON REPAIRS CIP PROJECT (DR-189)
11-6
PARTIES AND RECITAL P AGE(S)
Agreement between
City of Chula Vista
and
Rick Engineering Company,
To Prepare Engineering Design and Environmental Review Services for Bonita Canyon
Repairs ClP Project (DR-189)
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 to this Agreement ("Exl1ibit A"), Paragraph 1, is between the City-related entity whose
name and business form is indicated on Exl1ibit A, Paragraph 2, ("City"), and the entity whose
name, business form, place of business and telephone numbers are indicated on Exhibit A,
Paragraphs 4 through 6, ("Consultant"), and is made with reference to the following facts:
Recitals
WHEREAS, the City of Chula Vista's infrastructure includes natural and improved
drainage systems that convey water away from property and ultimately out to the receiving
waters of the Otay and Sweetwater Rivers and the San Diego Bay; and,
WHEREAS, staff noticed that Bonita Canyon channel has erosion problems that need to
be repaired to control the erosion in the channel; and,
WHEREAS, on July 23, 2010, Rick Engineering Company completed a drainage priority
assessment and determined that the work in Bonita Canyon is the most critical and has the
highest priority an10ng all drainage erosion projects in the City; and,
WHEREAS, On August 17, 2010, per Resolution No. 2010-212, the City Council
established a new capital improvement project for Bonita Canyon Repairs project; and,
WHEREAS, City ofChula amended the Fiscal Year 2010/201 1 CIP Program approving
funds to include Bonita Canyon Repairs project; and, .
WHEREAS, City Council authorized staff to negotiate a contract with Rick Engineering
Company as the lead consultant and Helix Environmental Planning Inc. as a subconsultant (Rick
Engineering Team); and,
WHEREAS, after a thorough negotiation, Staff was successful in reaching an agreement
",th Rick Engineering Team to perform the work as described in Resolution No.2010-212 for
an amount of$144,800; and,
WHEREAS, Staff has been coordinating this project with the County of San Diego since
Bonita Canyon Channel flows downstream through the County of San Diego Jurisdiction; and,
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Bonita Canyon
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WHEREAS, Consultant warrants and represents that it is experienced and staffed in a
manner such that it can deliver the services required of Consultant to City in accordance with the
time frames and the terms and conditions of this Agreement.
OlJligatory Provisions Pages
NOW, THEREFORE, BE IT RESOLVED that the City and Rick Engineering Company do
hereby mutually agree as fo llows:
All of the Recitals above are incorporated into this Agreement by this reference.
ARTICLE I. CONSULTANT'S OBLIGATIONS
A. General
1. General Duties. Consultant shall perform all of the services described on Exhibit A,
Paragraph 7 ("General Duties").
2. Scope of Work and Schedule. In performing and delivering the General Duties,
Consultant shall also perform the services, and deliver to City the "Deliverables"
described in Exhibit A, Paragraph 8, entitled "Scope of Work and Schedule," according
to, and within the time frames set forth in Exhibit A, Paragraph 8, time being of the
essence of this agreement. The General Duties and the work and Deliverables required in
the Scope of Work and Schedule shall be referred to as the "Defined Services." Failure to
complete the Defined Services by the times indicated does not, except at the option of the
City, terminate this Agreement.
a. Reductions in Scope of Work. City may independently, or upon request from
Consultant, from time to time, reduce the Defined Services to be performed by the
Consultant under this Agreement. Upon doing so, City and Consultant agree to meet
in good faith and confer for the purpose of negotiating a corresponding reduction in
the compensation associated with the reduction.
b. Additional Services. In addition to performing the Defined Services, City may
require Consultant to perform additional consulting services related to the Defined
Services ("Additional Services"), and upon doing so in writing, if they are within the
scope of services offered by Consultant, Consultant shall perform same on a time and
materials basis at the rates set forth in the "Rate Schedule". in Exhibit A,
Paragraph 1 G(C), unless a separate fixed fee is otherwise agreed upon. All
compensation for Additional Services shall be paid monthly as billed.
3. Standard of Care. The Consultant expressly warrants that the work to be performed
pursuant to this Agreement, whether Defined Services or Additional Services, shall be
performed in accordance with the standard of care ordinarily exercised by members of
the profession currently practicing under similar conditions and in similar locations.
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a. No Waiver afStandard of Care. Where approval by City is required, it is understood
to be conceptual approval only and does not relieve the Consultant of responsibility
for complying with all laws, codes, industry standards, and liability for damages
caused by negligent acts, errors, omissions, noncompliance with industry standards,
or the willful misconduct of the Consultant or its subcontractors.
B. Application of Laws. Should a federal or state law pre-emp! a local law, or regulation, the
Consultant must comply with the federal or state law and implementing regulations. No
provision of this Agreement requires the Consultant to observe or enforce compliance with
any provision, perform any other act, or do any other thing in contravention of federal, state,
territorial, or local law, regulation, or ordinance. If compliance with any provision of this
Agreement violates Or would require the Consultant to violate any law, the Consultant agrees
to notifY City immediately in writing. Should this occur, the City and the Consultant agree
that they will make appropriate arrangements to proceed with or, if necessary, amend or
terminate this Agreement, or portions of it, expeditiously.
1. Subcontractors. Consultant agrees to take appropriate measures necessary to ensure that
all participants utilized by the Consultant to complete its obligations under this
Agreement, such as subcontractors, comply with all applicable laws, regulations,
ordinances, and policies, whether federal, state, or local, affecting Project
implementation. In addition, if a subcontractor is expected to fulfill any responsibilities of
the Consultant under this Agreement, the Consultant shall ensure that the subcontractor
carries out the Consultant's responsibilities as set forth in this Agreement.
C. Insurance
l. General. Consultant must procure and maintain, during the period of performance of this
Agreement, and for twelve months after completion, policies of insumnce from insurance
companies to protect against claims for injuries to persons or damages to property that
may arise from or in connection with the performance of the .work under this Agreement
and the results of that work by the Consultant, his agents, representatives, employees or
subcontractors, and provide documentation of same prior to commencement of work.
2. Minimum Scope of Insurance. Coverage must be at least as broad as:
a. CGL. Insurance Services Office Commercial General Liability coverage (occurrence
Form CGOOOI).
b. Auto. Insurance Services Office Form Number CA 0001 covering Automobile
Liability, Code 1 (any auto).
c. we. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
d. E&O. Professional Liability or Errors & Omissions Liability insurance appropriate to
the Consultant's profession. Architects' and Engineers' coverage is to be endorsed to
include contractual liability.
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3. Minimum Limits of Insurance. Consultant 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 (including death), and property damage. If Commercial General
operations, Liability insurance with a general aggregate limit is used, either
products and the general aggregate limit must apply separately to this
completed Project/location or the general aggregate limit must be twice the
operations, as required occurrence limit.
anplicable)
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 emnloyee
iv. Professional $1,000,000 each occurrence
Liability or Errors
& Omissions
Liability:
.,
4. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must
be declared to and approved by the City. At the option of the City, either the insurer will
reduce or eliminate such deductibles or self-insured retentions as they pertain to the City,
its officers, officials, employees and volunteers; or the Consultant will provide a financial
guarantee satisfactory to the City guaranteeing payment of losses and related
investigations, claim administration, and defense expenses.
5. Other Insurance Provisions. The general liability, automobile liability, and where
appropriate, the worker's compensation policies are to contain, or be endorsed to contain,
the following provisions:
a. Additional Insureds. City of Chula Vista, its officers, officials, employees, agents,
and volunteers are to be named as additional insureds with respect to all policies of
insurance, including those with respect to liability arising out of automobiles owned,
leased, hired or borrowed by or on behalf of the Consultant, where applicable, and,
with respect to liability arising out of work or operations performed by or on behalf of
the Consultant, including providing materials, parts or equipment furnished in
connection with such work or operations. The general liability additional insured
coverage must be provided in the form of an endorsement to the Consultant's
insurance using ISO CG 2010 (11185) or its equivalent. Specifically, the endorsement
must not exclude Products/Completed Operations coverage.
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b. Primary Insurance. The Consultant's General Liability insurance coverage must be
primary insurance as it pertains to the City, its officers, officials, employees, agents,
and volunteers. Any insurance or self-insurance maintained by the City, its officers,
officials, employees, or volunteers is wholly separate from the insurance of the
Consultant and in no way relieves the Consultant from its responsibility to provide
insurance.
c. Cancellation The instirance policies required by this Agreement shall not be canceled
by either party, except after thirty days' prior written notice to the City by certified
mail, return receipt requested. The words "wil! endeavor" and "but failure to mail
such notice shall impose no obligation or liability of any kind upon the company, its
agents, or representatives" shall be deleted from all certificates.
d. Aclive Negligence. Coverage sha!1 not extend to any indemnity coverage for the
active negligence of the additional insureds in any case where an agreement to
indemnify the additional insured would be invalid under Subdivision (b) of Section
2782 of the Civil Code.
e. Waiver of Subrogation. Consultant's insurer will provide a Waiver of Subrogation in
favor of the City for each required policy providing coverage for the term required by
this Agreement.
6. Claims Fonus. If General Liability, Pollution and/or Asbestos Pollution Liability and/or
Errors & Omissions coverage are written on a claims-made form:
a. Retro Dale. The "Retro Date" must be shown, and must be before the date ofthe
Agreement or the beginning ofthe work required by the Agreement.
b. .Maintenance and Evidence. Insurance must be maintained and evidence of insurance
must be provided for at least five years after completion of the work required by the
Agreement.
c. Cancellation. If coverage is canceled or non-renewed, and not replaced with another
claims-made policy form \Vith a "Retro Date" prior to the effective date of the
Agreement, the Consultant must purchase "exiended reporting" coverage for a
minimum of five years after completion of the work required by the Agreement.
d. Copies. A copy of the claims reporting requirements must be submitted to the City
for review.
7. Acceptability ofInsurers. 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. IfinsurjUlce is placed with a surplus lines insurer, insurer must be listed on the
State of California List ofEligibJe Surplus Lines Insurers ("LESLI") with a current A.M.
Best's rating of no less than A X. Exception may be made for the State Compensation
Fund when not specifica!1y rated.
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8. Verification of Covera2:e. Consultant shall furnish the City with original certificates and
amendatory endorsements effecting coverage required by Section I.C. of this Agreement.
The endorsements should be on insurance industry forms, provided those endorsements
or policies conform to the requirements of this Agreement. All certificates and
endorsements are to be received and approved by the City before work commences. The
City reserves the right to require, at any time, complete, certified copies of all required
insurance policies, including endorsements evidencing the coverage required by these
specifications.
9. Subcontractors. Consultant must include all subconsultants as insureds under its policies
or furnish separate certificates and endorsements for each subconsultant. All coverage for
subconsultants is subject to all of the requirements included in these specifications.
10. Not a Limitation of Other Obli2:ations. Insurance provisions under this Article shall not
be construed to limit the Consultant's obligations under this Agreement, including
Indemnity.
D. Security for Performance
1. Performance Bond. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide a Performance Bond (indicated by a check mark in the
. parenthetical space immediately preceding the subparagraph entitled "Performance
Bond"), then Consultant shall provide to the City a performance bond, in the amount
indicated at Exhibit A, Paragraph 18, in the form prescribed by the City and by such
sureties which are authorized to transact such business in the State of California, listed as
approved by the United States Department of Treasury Circular 570,
http://\\'ww.fills.treas,2:ov/c570, and whose underwriting limitation is sufficient to issue
bonds in the amount required by the Agreement, and which also satisfy the requirements
stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise
by laws or regulations, All bonds signed by an agent must be accompanied by a certified
copy of such agent's authority to act. Surety companies must be duly licensed or
authorized in the jurisdiction in which the Project is located to issue bonds for the limits
so required. Form must be satisfactory to the Risk Manager or City.
2. Letter of Credit. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical
space immediately preceding the subparagraph entitled "Letter of Credit"), then
Consultant shall provide to the City an irrevocable letter of credit callable by the City at
its w1fettered discretion by submitting to tlle bank a letter, signed by the City Manager,
stating that tlle Consultant is in breach of the terms of this Agreement. The letter of
credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk
Manager or City Attorney which amount is indicated in the space adjacent to the term,
"Letter of Credi!," in Exhibit A, Paragraph 18.
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3. Other Security. In the event that Exhibit A, at Paragraph l8, 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 innnediately 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.
E. Business License. Consultant agrees to obtain a business license from the City and to
otherwise comply with Title 5 ofthe Chula Vista Municipal Code.
ARTICLE II. CITY OBLIGATIONS
A. Consultation and Cooperation. City shall regularly consult the Consultant for the purpose
of reviewing the progress of the Defined Services and Schedule, and to provide direction and
guidance to achieve the objectives of this Agreement. The City shall allow Consultant access
to its office facilities, files and records, as deemed necessary and appropriate by the City,
throughout the term of this Agreement. In addition, City agrees to provide the materials
identified at Exhibit A, Paragraph 9, with the understanding that delay in the provision of
those materials beyond thirty days after authorization to proceed, shall constitute a basis for
the justifiable delay in the Consultant's performance.
B. Compensation.
I. Followin!! Receipt of Billin!!. Upon receipt of a properly prepared bill from Consultant,
submitted to the City as indicated in Exhibit A, Paragraph 17, but in no event more
frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 17,
City shall compensate Consultant for all services rendered by Consultant according to the
terms and conditions set forth in Exhibit A, Paragraph 10, adjacent to the governing
compensation relationship indicated by a "checkmark" .next to the appropriate
arrangement, subject to the requirements for retention set forth in Paragraph l8 of
Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in
Exhibit A, Paragraph 1 l.
2. Supportin(! Infomlation. Any billing submitted by Consultant shall contain sufficient
information as to the propriety of the billing, including properly executed payrolls, time
records, invoices, contracts, or vouchers describing in detail the nature of the charges to
the Project in order to permit the City to evaluate that the amount due and payable is
proper, and such billing shall specifically contain the City's account number indicated on
Exhibit A, Paragraph 17(C) to be charged upon making such payment.
3. Exclusions. In determining the amount iJfthe compensation City will exclude any cost:
1) incurred prior to the effective date of this Agreement; or 2) arising out of or related to
the errors, omissions, negligence or acts of willful misconduct of the Consultant, its
agents, employees, or subcontractors.
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a. Errors and Omissions. In the event that the City Administrator determines that
the Consultant's negligence, errors, or omissions in the performance of work
under this Agreement has resulted in expense to City greater than would have
resulted if there were no such negligence, errors, omissions, Consultant shall
reimburse City for any additional expenses incurred by the City. Nothing in this
paragraph is intended to limit City's rights under other provisions of this
Agreement.
4. Payment Not Final Approval. The Consultant understands and agrees that payment to the
Consultant for any Project cost does not constitute a City final decision about whether
that cost is allowable and eligible for payment under the Project and does not constitute a
waiver of any violation of Consultant of the terms of the Agreement. The Consultant
acknowledges that City will not make a final determination about the eligibility of any
cost until the final payment has been made on the Project or the results of an audit of the
Proj ect requested by the City has been completed, whichever occurs latest. If City
determines that the Consultant is not entitled to receive any portion of the compensation
due or paid, City will notifY the Consultant in writing, stating its reasons. The Consultant
agrees that Project closeout will not alter the Consultant's responsibility to return any
funds due City as a result of later refunds, corrections, or other similar transactions; nor
will Project closeout alter the right of City to disallow costs and recover funds provided
for the Project on the basis of a later audit or other review.
a. Consultant's Obligation to Pay. Upon notification to the Consultant that specific
amounts are owed to City, whether for excess payments or disallowed costs, the
Consultant agrees to remit to City promptly the amounts owed, including applicable
interest.
ARTICLE III. ETHICS
A. Financial Interests of Consultant
I. 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 or any other agreement with the City.
3. Search to Determine Economic Interests. Regardless of whether Consultant is designated
as an FPPC Filer, Consultant warrants and represents that Consultant has diligently
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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, t 0 the best of Consultant's knowledge, have an
economic interest which would conflict with Consultant's duties under this Agreement.
4. Promise Not to Acouire Conflicting Interests. Regardless of whether Consultant is
designated as an FPPC Filer, Consultant further warrants and represents that Consultant
will not acquire, obtain, or assume an economic interest during the term of this
Agreement which would constitute a conflict of interest as prohibited by the Fair Political
Practices Act.
5. Dutv to Advise of Conflicting Interests. Regardless of whether Consultant is designated
as an FPPC Filer, Consultant fuliher warrants and represents that Consultant will
immediately advise the City Attorney if Consultant learns of an economic interest of
Consultant's that may result in a conflict of interest for the purpose of the Fair Political
Practices Act, and regulations promulgated thereunder.
6. Specific Warranties Against Economic Interests. Consultant warrants, represents and
agrees that:
a. Neither Consultant, nor Consultant's immediate family members, nor Consultant's
employees or agents ("Consultant Associates") presently have any interest, directly or
indirectly, whatsoever in any property which may be the subject matter of the Defined
Services, or in any property within 2 radial miles from the exterior boundaries of any
property which may be the subj ect matter of the Defined Services, ("Prohibited
Interest"), other than as listed in Exhibit A, Paragraph 14.
b. No promise of future employment, remuneration, consideration, gratuity or other
reward or gain has been made to Consultant or Consultant Associates in connection
with Consultant's performance of this Agreement. Consultant promises to advise City
of any such promise that may be made during the Term of this Agreement, or for
twelve months tl1ereafter.
c. 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 pern1ission of City.
d. Consultant may not conduct or solicit any business for any party to this Agreement,
or for any third party that may be in conflict with Consultant's responsibilities under
this Agreement, except with the written permission of City.
IV. LIQUIDATED DAJvlAGES
A. Application of Section. The provisions of this section apply if a Liquidated Damages Rate
is provided in Exhibit A, Paragraph 13.
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I. Estimating Damages. It is acknowledged by both parties thattime is of the essence in the
completion of this Agreement. It is difficult to estimate the amount of damages resulting
from delay in performance. The parties have used their judgment to arrive at a reasonable
amount to compensate for delay.
2. Amount of Penalty. Failure to complete the Defined Services within the allotted time
period specified in this Agreement shall result in the following penalty: For each
consecutive calendar day in excess of the time specified for the completion of the
respective work assignment or Deliverable, the Consultant shall pay to the City, or have
withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A,
Paragraph 13 ("Liquidated Damages Rate").
3. Request for Extension of Time. If the performance of any act required of Consultant is
directly prevented or delayed by reason of strikes, lockouts, labor disputes, unusual
governmental delays, acts of God, fire, floods, epidemics, freight embargoes, or other
causes beyond the reasonable control of the Consultant, as determined by the City,
Consultant shall be excused from performing that act for the period of time equal to the
period oftime of the prevention or delay. In the event Consultant claims the existence of
such a delay, tl1e Consultant shall notify the City's Contract Administrator, or designee, in
writing of that fact within ten calendar days after the beginning of any such claimed
delay. Extensions of time will not be granted for delays to minor portions of work unless
it can be shown that such delays did or will delay the progress of the work..
ARTICLE V. INDEMNIFICATION
A. Defense, Indemnity, and Hold Harmless.
1. General Requirement. Except for liability for Design Professional Services covered
under Article V., Section A.2., Consultant shall defend, indemnify, protect and hold
harmless the City, its elected and appointed officers, agents and employees, from and
against any and all claims, demands, causes of action, costs, expenses, liability, loss,
dan1age or injury, in law or equity, to property or persons, including wrongful death, in
any manner arising out of or incident to any alleged acts, omissions, negligence, or
willful misconduct of Consultant, its officials, officers, employees, agents, and
contractors, arising out of or in connection with the performance of the Defined Services
or this Agreement. This indemnity provision does not include any claims, damages,
liability, costs and expenses (including without limitations, attorneys fees) arising from
the sole negligence, active negligence or willful misconduct of the City, its officers,
employees. Also covered is liability arising from, connected with, caused by or claimed
to be caused by the active or passive negligent acts or omissions of the City, its agents,
officers, or employees which may be in combination with the active or passive negligent
acts or omissions of the Consultant, its employees, agents or officers, or any third party.
2. DesiQ1l Professional Services. If Consultant provides design professional services, as
defined by California Civil Code section 2782.5, as may be amended from time to time,
Consultant shall defend, indemnify and hold the City, its officials, officers, employees,
Page 10
Bonita Canyon
11-16
volunteers, and agents free and harmless from any and all claims, demands, causes of
action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or
persons, including wrongful death, in any manner arising out of, pertaining to, or relating
to the negligence, recklessness, or willful misconduct of Consultant, its officials, officers,
employees, agents, consultants, and contractors arising out of or in connection with the
performance of Consultant's services. Consultant's duty to defend, indemnifY, and hold
harmless shall not include any claims or liabilities arising from the sole negligence, active
negligence or willful misconduct of the City, its agents, officers or employees. This
section in no way alters, affects or modifies the Consultant's obligations and duties under
this Agreement.
3. Costs of Defense and Award. Included in the obligations in Sections A.I and A2, above,
is the Consultant's obligation to defend, at Consultant's ovm cost, expense and risk, any
and all suits, actions or other legal proceedings, that may be brought or instituted against
the City, its directors, officials, officers, employees, agents and/or volunteers, subject to
the limitations in Sections AI. and A2. Consultant shall pay and satisj'y any judgment,
award or decree that may be rendered against City or its directors, officials, officers,
employees, agents and/or volunteers, for any and all related legal expenses and costs
incurred by each ofthem, subject to the limitations in Sections A.!. and A2.
4. Insurance Proceeds. Consultant's obligation to indemnifY shall not be restricted to
insurance proceeds, if any, received by the City, its directors, officials, officers,
employees, agents, and/or volunteers.
5. Declarations. Consultant's obligations under Article V shall not be limited by any prior
or subsequent declaration by the Consultant.
6. Enforcement Costs. Consultant agrees to pay any and all costs City incurs enforcing the
indemnity and defense provisions set forth in Article V.
7. Survival. Consultant's obligations under Article V shall survive the termination of this
Agreement.
ARTICLE VI. TERMINATION OF AGREEMENT
A. Termination for Cause. If, through any cause, Consultant shall fail to fulfill in a timely and
proper manner Consultant's obligations under this Agreement, or if Consultant shall violate
any of the covenants, agreements or stipulations of this Agreement, City shall have the right
to terminate this Agreement by giving written notice to Consultant of such termination and
specij'ying the effective date thereof at least five (5) days before the effective date of such
termination. In that event, all finished or unfmished 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
eqnitable compensation, in an amonnt not to exceed that payable under this Agreement and
less any damages cansed City by Consultant's breach, for any work satisfactorily completed
on such documents and other materials up to the effective date of Notice of Tennination,.
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Bonita Canyon
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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 Consultant of such
termination and specifYing the effective date thereof, at least thirty (30) days before the
effective date of such termination. In that event, all finished and unfinished documents and
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 tbat payable under this Agreement, for any satisfactory work completed on such
documents and other materials to the effective date of such termination. Consultant hereby
expressly waives any and all claims for damages or compensation arising under this
Agreement except as set forth in this section.
ARTICLE VII. RECORD RETENTION AND ACCESS
A. Record Retention. During the course of the Project and for three (3) years following
completion, the Consultant agrees and to maintain, intact and readily accessible, all data,
documents, reports, records, contracts, and supporting materials relating to the Project as City
may require.
B. Access to Records of Consultant and Subcontractors. The Consultant agrees to permit,
and require its subcontractors to permit City or its authorized representatives, upon request,
to inspect all Project work, materials, payrolls, and other data, and to audit the books,
records, and accounts of the Contractor and its subcontractors pertaining to the Project.
C. Project Closeout. The Consultant agrees that Project closeout does not alter the reporting
and record retention requirements of this Agreement.
ARTICLE VIII. PROJECT COMPLETION, AUDIT, AND CLOSEOUT
A. Project Completion. Within ninety (90) calendar days following Project completion or
termination by City, Consultant agrees to submit a final certification of Project expenses and
audit reports, as applicable.
B. Audit of Consultants. Consultant agrees to perform financial and compliance audits the
City may require. The Consultant also agrees to obtain any other audits required by City.
Consultant agrees that Project closeout will not alter Consultant's audit responsibilities. Audit
costs are allowable Project costs.
C. Project Closeout. Project closeout occurs when City notifies the Consultant that City has
closed the Project, and either forwards the final payment or acknowledges that the Consultant
has remitted the proper refund. The Consultant agrees that Project closeout by City does not
invalidate any continuing requirements imposed by the Agreement or any uomet
requirements set forth in a written notification from City
ARTICLE IX. MISCELLANEOUS PROVISIONS
Page I 2
Bonita Canyon
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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 subconsultants identified as
"Pemlitted Subconsultants".
B. Ownership, Pnblication, 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 \vritten consent of City. City shall
have unrestricted authority to publish, disclose (except as may be limited by the provisions of
the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in
part, any such reports, studies, data, statistics, forms or other materials or properties produced
under this Agreement.
C. Independent Contractor. City is interested only in the results obtained and Consultant shall
perform as an independent contractor with sole control of the manner and means of
perfonning 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 ta-x, social security tax or
any other payroll tax, and Consultant shall be solely responsible for the payment of same and
shall hold the City hannless with regard to them.
1. Actions on Behalf of Citv. Except as City may specify in writing, Consultant shall have
no authority, express or implied, to act on behalf of City in any capacity whatsoever, as
an agent or otherwise. Consultant shall have no authority, express or implied, to bind
City or its members, agents, or employees, to any obligation whatsoever, unless expressly
provided in this Agreement.
2. No ObliQations to Third Parties. In cOlll1ection with tbe Project, Consultant agrees and
shall require that it's agents, employees, subcontractors agree that City shall not be
responsible for any obligations or liabilities to any third party, including its agents,
employees, subcontractors, or other person or entity that is not a party to this Agreement.
Notwithstanding that City may have concurred in or approved any solicitation,
subagreement, or third party contract at any tier, City shall have no obligation or liability
to any person or entity not a party to this Agreement.
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Bonita Canyon
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D. Administrative Claims Requirements and Procedures. No suit or arbitration shall be
brought arising out of this Agreement, against City unless a claim has first been presented in
writing and filed with City and acted upon by City in accordance with the procedures set
forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be
amended, the provisions of which are incorporated by this reference as if fully set forth
herein, and such policies and procedures used by City in the implementation of same. Upon
request by City, Consultant shall meet and confer in good faith with City for the purpose of
resolving any dispute over the terms of this Agreement.
E. Administration of Contract. Each party designates the individuals ("Contract
Administrators") indicated on Exhibit A, Paragraph 12, as that party's contract administrator
who is authorized by the party to represent it in the routine administration of this Agreement.
F. Term. This Agreement shall terminate when the parties have complied with all executory
provisions hereof.
G. Attorney's Fees. Should a dispute arising out of this Agreement result in litigation, it is
agreed that the prevailing party shall be entitled to a judgment against the other for an
amount equal to reasonable attorneys' fees and court costs incurred. The "prevailing party"
shall be deemed to be the 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 the report or document, a statement of
the numbers and cost in dollar amounts of all contracts and subcontracts relating to the
preparation of the report or document.
1. Consultant is Real Estate Broker and/or Salesman. If the box on Exhibit A, Paragraph 15
is marked, the Consultant and/or is principals is/are licensed with the State of California or
some other state as a real estate broker or salesperson. Otherwise, Consultant represents that
neither Consultant, nor its principals are licensed real estate brokers or salespersons.
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 in this Agreement as the places of
business for each of the designated parties.
K. Integration. This Agreement, together with any other written document referred to or
contemplated in it, embody the entire Agreement and understanding between the parties
relating to the subject matter hereof. Neither this Agreement nor any provision of it may be
amended, modified, waived or discharged except by an instrument in writing executed by the
party against which enforcement of such amendment, waiver or discharge is sought.
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Bonita Canyon
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L. Capacity of Parties. Each signatory and party to this Agreement warrants and represents to
the other party that it has legal authority and capacity and direction :from its principal to enter
into this Agreement, and that all necessary resolutions or other actions have been taken so as
to enable it to enter into this Agreement.
M. Governing LawNenue. 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 Cotll1ty,
State of California, and if applicable, the City of Chula Vista, or as close thereto as possible.
Venue for this Agreement, and performance under it, shall be the City ofChuJa Vista.
(End of page. Next page is signature page.)
Page 15
Bonita Canyon
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Signature Page
to
Agreement between
City of Chula Vista and
Rick Engineering Company,
To Prepare Engineering Design and Environmental Review Services for Bonita Canyon Repairs
CIP Project (DR-I 89)
IN WITNESS WHEREOF, City and Consultant have executed this Agreement,
indicating that they have read and understood same, and indicate their full and complete consent
to its terms:
Dated:
City of Chula Vista
By:
Cheryl Cox, Mayor
Attest:
Donna Norris, City Clerk
Approved as to fornl:
Bart Miesfeld, City Attorney
Dated:
By:
eering Company
anlerino
ate
Exhibit List to Agreement (X)
Exhibit A.
Page 16
Bonita Canyon
11-22
Exhibit A
to
Agreement between
City ofChula Vista
and
Rick Engineering Company,
to Prepare Engineering Design and Environmental Review Services for Bonita Canyon Repairs
CIP Project (DR-189)
L Effective Date of 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 of the State of
California
( ) Industrial Development Authority of the City ofChula 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
F
4. Consultant:
Rick Engineering Company
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
6. Place of Business, Telephone and Fa,,, Number of Consultant:
5620 Friars Road,
San Diego, Ca 92] 10-2596
Phone No.: (619) 2910707
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Bonita Canyon
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Fax No. : (619) 291-4165
7. General Duties:
Rick Engineering Company will provide engineering design and environmental services for the
repair of the existing Bonita Canyon Gabion Structure and related slope rehabilitation
downstream of this structure.
Helix Environmental will be a subconsultant to Rick Engineering Company for the
environmental components of this project.
8. Scope of Work- Bonita Canyon
The following is a detailed Scope of Work:
Task 1: Hydrologic Modeling
Research storm drain alignments and watershed boundaries with the City of Chula Vista
(City) GIS department.
Prepare 1 OO-year HEC-l hydrology for tributary watershed
Task 2: Hydraulic Modeliug - Bonita Canyon
Prepare a final design HEC-RAS model reflecting the proposed modifications to the Gabion
structure and the proposed graded slope. Analyze the velocity distribution in the HEC-RAS
model to assess velocities adjacent to the constructed slope.
Detemtine recommended rip-rap slope protection rock size, limits, and thickness based on
the fmal design hydraulic modeling.
Task 3: Hydraulic Design Report - Bonita Canyon
Prepare a DRAFT Hydraulic Design Report including the following:
Hydrologic Modeling
Hydraulic/HEC-RAS analyses
Riprap slope protection
Upon receipt of conunents from the City of Chula Vista, prepare a Final Hydraulic Design
Report. TIns scope of work assumes that no modifications to the proposed improvements will be
requested by the City following preparation and submittal ofthe DRAFT report.
Task 4: Storm Water Pollution Prevention Plan (SWPPP)
Due to newly adopted construction storm water regulations, a SWPPP will need to be prepared
that meets the requirements of the Construction General Permit 2009-0009-DWQ. This scope of
work entails the preparation of a SWPPP to be prepared in accordance with the General
Construction Permit 2009-0009-DWQ, adopted September 2,2009 and effective July 1,2010.
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Bonita Canyon
11-24
A copy of the SWPPP will be submitted to the City for review. A SWPPP Amendment may be
required based on this review. This includes revisions to the SWPPP text as well as the exhibits.
This also assumes responding to address plan check comments from the City. This includes
preparing fOlmal comment responses, revisions to the SWPPP and submitting a revised book for
approval.
At the authoring of this scope, the construction commencement and completions dates were
unknown. The City must provide the construction commencement and completion dates to Rick
Engineering Company prior to preparing the SWPPP.
The scope of work assumes the Risk Determination Analysis will be performed based on the
requirements of the State Water Resources Control Board (SWRCB) National Pollutant
Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated
with Construction and Land Disturbance Activities Order No. 2009-0009-DWQ NPDES No.
CAS000002 (adopted September 2, 2009). The scope and fee addresses performing a Risk
Determination Analysis to determine the Risk Level (either Risk Level 1,2 or 3) for the proj~ct.
A SWPPP will be prepared specific to the Risk Level obtained from the Risk Detemlination
Analysis.
It should be noted that the Statewide Construction General Permit was only recently adopted,
however, with the timeframe for implementation set for July I, 2010, interpretations and
guidance on specific requirements are still being released. Therefore, amendments based upon
new guidance or interpretation of regulations may be required and is not included in this scope
and fee.
This scope assumes an R-factor greater than 5, therefore a rainfall erosivity waiver is not
included in this scope.
Task 5: Surveying
o Research to establish appropriate datum and right of way location.
o Perform control survey of pre-marked panel locations and verif'y/compute right of way (if
not attainable from the City or the County).
. Perform Terrain Line Interpolation (TLl) along sections of the existing Bonita Canyon up
to SOD-ft. downstream of the existing gabion structure. TLI will consist of measuring
complete canyon cross-section data at 50' intervals from approximately 25-ft. outside of
the canyon ridgelines.
. Field data reduction and processing to incorporate into Aerial Mapping topography and
prepare for submittal.
Task 6: Environmental Support
Provide Helix Environmental engineering support in the preparation and approval of the required
environmental document.
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Bonita Canyon
11-25
Task 7: Plans, Specifications, and Estimate (PS&E)
Prepare improvement plans, specifications, and an opinion of probable construction costs and
bond costs. PS&E will adhere to the current City of Chula Vista format, standards, and
requirements.
Task 8: Meetings & Coordination
Attend up to 2 meetings with the City of Chula Vista and/or the County of San Diego regarding
the project.
Provide up to 10 additional hours of as needed coordination with the project teanl.
HELIX PLANNING GROUP, INC SCOPE PF WORK
HELIX Environmental Planning, Inc. (HELIX) shall be a subconsultant to RICK Engineering
Company. Helix services shall include providing additional biological and environmental
consulting services for the Bonita Canyon Erosion Control Improvements project. In addition to
Helix original contract dated April 19, 2010, where HELIX outlined its services, including
biological resource assessment, preliminary cost estimating, and meetings (Tasks 1 through 3).
The following scope of services provides additional tasks for this project.
Task 4: Jurisdictional Delineation.
HELIX will conduct a jurisdictional delineation on the Bonita Canyon site pursuant to current
U.S. Army Corps of Engineers (Corps) and California Department of Fish and Game (CDFG)
guidelines. The delineation will be conducted in accordance with the Arid West Supplement to
the 1987 Wetlands Delineation Manual, which reflects the new required methods by the Corps.
The delineation will help determine the need for project permits, including a federal Clean Water
Act Section 404 Permit, a California Fish and Game Code Section 1602 Streambed Alteration
Agreement, and a State Water Resources Control Board Section 401 Water Quality Certification.
Jurisdictional boundaries within the areas of proposed impacts will be detemlined based on the 3
paranleters of vegetation, hydrology, and soil. Non-wetland Waters of the U.S. will be mapped
based on a representative sample of the affected drainages on the site. This task does not include
preparation of a jurisdictional delineation report.
Task 5: Jurisdictional Delineation Report.
HELIX will prepare a jurisdictional delineation report for the Bonita Canyon site that will
present the results of the delineation and support the 404 Permit, 1602 Agreement, and 401
Water Quality Certification applications. The report will be based on HELIX's best effort to
quantifY the amount of Waters of the U.S. and Waters of the State on the project site using the
current regulations, written policies, and guidance from the regulatory agencies. However, only
the Corps and CDFG can make a final determination of jurisdictional boundaries.
Task 6: Coastal California Gnatcateher Surveys.
HELIX will conduct 3 U.S. Fish and Wildlife Service (USFWS) protocol-level presence/absence
surveys for the federally listed threatened coastal California gnatcatcher. Protocol prefers that
the 3 surveys be conducted between February 15 and August 31 at least 7 days apart; however,
Page 20
Bonita Canyon
11-26
surveys are accepted by the USFWS year-round. HELIX is required under its IO(a)(1)(A)
recovery pennit (TE778 195) to notify the USFWS 10 days in advance of starting the first survey
and submit a "'Titten report to the USFWS within 45 days of completing the final survey.
Task 7: Least Bell's Vireo Survey~.
HELIX will conduct surveys for the federally and state listed endangered least Bell's vireo
within appropriate habitat on site. The surveys will follow the most current USFWS protocol
that requires eight surveys at least 10 days apart between April 10 and July 31. As required
under the USFWS protocol for conducting vireo surveys, HELIX will submit a written report to
the USFWS after completing the final survey.
Task 8: Environmental Compliance Documentation (Mitigated Negative Declaration).
HELIX will prepare I environmental document for the Bonita Canyon project and provide
California Environmental Quality Act (CEQA) compliance related services for the project. It is
anticipated that the environmental document will consist of an Initial StudyfMitigated Negative
Declaration (ISfMND). The environmental document preparation will occur in close
coordination with the City of Chula Vista and RICK Engineering.
The proposed scope of work and related assumptions/limitations for the'IS/MND includes the
following tasks:
a. Preoare Draft IS/MND, HELIX will prepare a Draft ISfMND that includes the following, as
required by CEQA Guidelines:
1. A description of the project and its location. Project design will be the responsibility of
RICK Engineering. As such, it is assumed that RICK Engineering will supply site plans
and the necessary engineering plans for support. It is assumed that the project design will
not change once HELIX has received authorization to proceed with the preparation of the
IS/MND. If project changes occur that warrant changes in the IS/MND, an augment may
be required.
2. A description of the environmental setting. This will be based on a site visit, as well as
available reports and plans. If required, it is assumed that RICK Engineering will obtain
authorization for HELIX to enter the site.
3. An identification of environmental effects based on the questions included in the
checklist, followed by a brief discussion of each checklist answer. It is expected that
RICK Engineering would provide the following teclwcal studies or teclmical information
(in lieu of a teclmical report) to support this analysis: Water Quality Management Plan,
Hydrology Study, and Geotechnical Investigation. Pursuant to Task I of the original
contract, HELIX completed the biological resources technical report. A cultural
resources investigation should also be completed for this project, including a record
search, field survey and report. HELIX does not provide this service in-house, but could
provide an estimate from a subconsultant if desired by City. The analysis of
environmental effects ",ill also rely upon available environmental planning documents,
research at City offices, direction from City staff, and field observations.
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Bonita Canyon
11-27
4. A discussion of ways to mitigate the significant effects identified. It is assumed that
HELIX biologists will provide biological resource mitigation measures. If potential
significant, unmitigable impacts are identified during preparation of the Initial Smdy,
HELIX will immediately inform RICK Engineering and CitY.
5. A list of preparers, including key City, RICK Engineering, and HELIX staff who
participated in the IS/draft MND's preparation.
6. It is assumed that approximately 10 figures would be prepared by HELIX to support the
IS/MND. No visual simulations are included in this scope of work. It is assumed that
RICK Engineering will provide HELIX with current digital project plans and available
digital baseline data for producing maps and graphics, which should be submitted in one
of the following formats: .dxf, .dwg (Auto CAD), .dgn (Microstation), .eOO (Arclnfo
export coverages), or .shp (ArcView shapefiles).
A first administrative draft IS/MND shall be submitted to City and project tean1 for
review. This submittal would include up to 5 printed copies and a .pdf copy. Comments
will be addressed and a first screencheck draft IS/MND shall be submitted to the City of
Chula Vista. It is assumed that a public review draft IS/MND shall be prepared after the
first screencheck draft. More than I set of revisions to the Draft IS/MND would require
an augment.
b. Draft ISIMND Circulation.
I. HELIX will prepare a Notice of Intent to Adopt an MND (NO!) for City .review and
publication in a local newspaper.
2. HELIX also will prepare an Environmental Document Transmittal Form (EDTF) for City
review prior to submittal to State Clearinghouse (with the IS/draft MND).
3. HELIX will prepare up to 25 printed copies with technical appendices on electronic
compact disks (CD), and 50 CD copies of the approved draft document, suitable for
public review. One complete electronic Adobe Acrobat (.pdt) copy suitable for a web site
will also be provided by HELIX.
4. HELIX will develop the responsible agency mailing list for the ISIMND jointly with City
staff and will send the NO! and IS/MND to those on the list via certified mail, including
15 copies to the State Clearinghouse. It will be the City's responsibility to post the NOI
through the County Clerk, publish it in a local newspaper (Star News or Union Tribune)
of general circulation and mail the notice to the appropriate property owners and
occupants. The City will pay the County Clerk's fee and the costs of publishing the
NO!.
c. Preoare Final MND and Mitiaation Monitoring and Reporting Program (MMRP).
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Bonita Canyon
11-28
1. HELIX will respond to written and verbal comments made during the 30-day public
review period for the draft NIND, not to exceed 50 total comments within the comment
letters.
2. HELIX will prepare an administrative Final IS/tvlND including responses to comments.
Up to 5 printed copies shall be provided to City and project team for review. It is
assumed that only I administrative draft of the responses to comments and Final IS/tvlND
would be required.
3. HELIX will print up to 20 copies with appendices on CD, and create 10 electronic CD
copies of the Final tvlND with appendices.
4. To support the tvlND, HELIX will develop an MMRP to identify those responsible for
the mitigation monitoring and reporting schedule, and completion requirements. The
City shall review the draft MMRP, and HELIX shall finalize the MMRP in one round.
5. HELIX also will provide the City with 1 electronic copy and 1 unbound, reproducible
master copy of the Final tvlND and MMRP.
d. MeetinQs. HELIX will attend up to three 2-hour meetings within the City of Chula Vista.
e. Proiect ManaQement. HELIX will provide environmental document project management
including coordination with City staff via telephone, email, and progress monitoring. Our scope
and budget assumes 6 hours of Project Manager time based on a total performance period of 4
months. Unexpected delays in the project schedule due to delays in receiving project description
information, project design modifications, or other teclmical studies that may be required but are
not included in this proposal, may warrant an augment for additional project management labor
and expenses.
Task 9: Preparation and Submittal of Permit Applications. HELIX will prepare and submit
the following permit applications and agreement requests for the proposed project, as required.
o 404 Permit. It is currently assumed that the project will require the preparation and submittal
of a Nationwide Permit to the Corps.
o 401 Water Quality Certification. HELIX will prepare and submit a 401 Water Quality
Certification application to the State Water Resources Control Board (SWRCB) for the project,
which also regulates discharges to Waters of the State under authority of the Porter-Cologne
Water Quality Act and, in certain cases, requires an Application/Report of Waste Discharge
(ROWD). The filing fee for this task is not included in this cost estimate.
o 1602 Streambed Alteration Agreement. HELIX will prepare and submit a Division 2,
Chapter 6, Section 1602 Streambed Alteration Agreement request for the project to the CDFG
for project effects on areas under CDFG jurisdiction. The filing fee for this task is not included
in this cost estimate.
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Task 10: . Support for Permit Processing. The effort necessary to "process" the project's
permits and reports can vary depending upon the type of permit involved (Individual versus
Nationwide), staff assignments and project priorities at the regulatory agencies, the presence of
sensitive species, and mitigation negotiations, among other factors. For cost purposes, HELIX
has assumed 30 hours of principal time for this task.
Task 11: Habitat Loss and Incidental Take (HUT) Permit and Findings: HELIX will
prepare the HLIT application pursuant to Section 17.35.060 of the City's Municipal Code and
submit it to the City for review and approval. In addition, HELIX will prepare findings pursuant
to Section 17.35.080 of the City's Municipal Code regarding the proposed infrastructure within
the Preserve.
Task 12 Management/Meetings and Agency Liaison.
HELIX has assumed 20 hours of project manager time and 20 hours of principal time for
management/meetings with the project team, City, and County of San Diego. If Client requests
additional services that cause HELIX to exceed the time allocated for this task, additional
authorization would be required.
Task 13 Restoration Plan/CRAM Assessment.
HELIX will prepare a detailed restoration plan for the mitigation site that will include a
description of the target habitats, plant/seed mixes, irrigation recommendations, installation and
monitoring methods, and success criteria pursuant to the California Rapid Assessment Method
(CRAM). Preparation of the report assumes I round of minor revisions. Major or multiple
revisions to the report may require additional authorization. Prior to initiating project impacts,
HELIX ,viII assess the jurisdictional areas in the impact area to document the pre-impact condition
according to CRAM. In addition to conducting the CRAM assessment, in each vegetation type
that will be impacted, HELIX will:
. Photograph pre-impact conditions;
. Document vegetation cover along line transects;
. Note hydrologic conditions;
. Dig soil pits to document hydric soils; and
. Document animals observed or detected (by hearing vocalizations, or seeing scat,
tracks, or burrows) during the course of the assessment.
Within the wetland creation areas, HELIX also will document the pre-creation
condition according to the CRAM method. Within the creation and enhancement areas,
HELIX will establish photo locations using Global Positioning System and document
animals observed or detected. The results ofthe CRAM assessment will be included
in the Restoration Plan.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
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C. Dates or Time Limits for Delivery of Deliver abIes: TBD
D. Date for completion of all Consultant services: To be determined
9. Materials Required to be Supplied by City to Consultant: Soil Reports, As-Built of the
existing structures as filed in the City records, and GIS records and layers of Bonita Canyon and
its surrounding areas.
10. Compensation:
A. ( ) Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant as herein required, City shaU
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:
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 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 shaU have represented in writing that
said percentage of completion of the phase has been performed by the Contractor.
The practice of making interin1 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.
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Bonita Ca."1yon
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Phase
1.
-Fee for Said Phase
2.
$
$
$
~
.J.
( ) 1. Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereunder shall be considered as interest
free loans that must be returned to the City if the Phase is not satisfactorily
completed. If the Phase is satisfactorily completed, the City shall receive credit
against the compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at the end of
the phase, the full retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the City, or
such other person as the City Manager shall designate, but only upon such proof
demanded by the City that has been provided, but in no event shall such interim
advance payment be made unless the 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 by Consultant as herein required, City shall pay
Consultant for the productive hours of time spent by Consultant in the performance of said
Services, at the rates or amounts set forth in the Rate Schedule herein below according to the
following terms and conditions:
(1) (X)Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant oftime 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 $148,000, including all Materials, and other
"reimbursables" ("Maximum Compensation").
(2) ( ) Limitation without Further Authorization on Time and Materials Arrangement
At such time
$
to any additional
as Consultant shall have incurred time and materials equal to
("Authorization Limit"), Consultant shall not be entitled
compensation without further authorization issued in writing and
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Bonita Canyon
11-32
approved by the City. Nothing herein shall preclude Consultant from providing additional
Services at Consultant's own cost and expense. See Exhibit B for wage rates.
( )Hourly rates may increase by 6% for services rendered after [month], 20_, if delay
in providing services is caused by City.
11. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the performance of services
herein required, City shall pay Consultant at the rates or amounts set forth below:
(X)None, the compensation includes all costs.-
Cost or Rate
$
$
$
$
$
$
$
$
$
$
() Reports, not to exceed $
() Copies, not to exceed $
() Travel, not to exceed $
() Printing, not to exceed $
() Postage, not to exceed $
- () Deli very, not to exceed $
() Outside Services:
() Other Actual Identifiable Direct Costs:
, not to exceed $
, not to exceed $
12. Contract Administrators:
City: Frank Rivera
City of Chula Vista
276 Fourth Avenue, Building 200
Chula Vista, California 9]9]0
Consultant: Edgar Camerino
Rick Engineering Company
5620 Friars Road
San Diego, California 921 ] 0
13. Liquidated Damages Rate:
( ) $
( ) Other:
per day.
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Bonita Canyon
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14. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest
Code (Chula Vista Municipal Code chapter 2.02):
(X) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
( ) Category No.1. Investments, sources ofincome and business interests.
( ) Category No.2. Interests in real property.
( ) Category No.3. Investments, business positions, interests in real property, and
sources of income subject to the regulatory, permit or licensing authority of the
department administering this Agreement.
( ) Category No., 4. Investments and business positions in business entities and sources of
income that engage in land development, construction or the acquisition or sale of
real property.
( ) Category No.5. Investments and business positions in business entities and sources
of income that, within the past two years, have contracted with the City of Chula
Vista or the City's Redevelopment Agency to provide services, supplies, materials,
machinery or equipment.
( ) Category No.6. Investments and business positions in business entities and sources of
income that, within the past two years, have contracted with the department
administering this Agreement to provide services, supplies, materials, machinery or
equipment.
( ) List "Consultant Associates" interests in real property within 2 radial miles of Project
Property, if any: '
IS. ( ) Consultant is Real Estate Broker and/or Salesman
16. Permitted Subconsultants: Helix Planning Group, Inc.
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Bonita Canyon
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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 ofthe Month
( ) Other:
C. City's Account Number: 09200-7999-7651189100-100000
D. 2. Security for Performance
( ) 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:
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-,.-..-