HomeMy WebLinkAbout1991-03-05; City Council; 11050; CONSULTANT AGREEMENT FOR MITIGATION MONITORING FOR PALOMAR AIRPORT ROAD WEST ASSESSMENT DISTRICT PROJECTWEST ASSESSMENT DISTRICT PROJECT
RECOM M EN DED ACTION:
Adopt Resolution No. 9 / -9 0 approving a consultant agreement with the Lightfoot Planning Group for mitigation monitoring required of the Palomar Airport Road West Assessment District project.
ITEM EXPLANATION:
As conditions of project permits issued in 1987 and 1988 by the California Coastal Commission and the United States Army Corps of
Engineers, the City of Carlsbad was required to design, install,
monitor, and maintain offsetting riparian mitigation for impacts
resulting from the construction of the Palomar Airport Road West
Assessment District project from Paseo del Norte to Palomar Oaks
Way. The project was successfully completed in late 1989.
The California Coastal Commission also conditioned the City's Coastal Development Permit with a five (5) year maintenance and monitoring requirement. Although this five (5) year period will not conclude until 1994, it is apparent that some minor revegetation and replanting work will be required to ensure the viability of the original riparian mitigation program.
Staff solicited proposals from qualified environmental and landscape architecture firms to perform the mitigation monitoring program and selected the Lightfoot Planning Group as the most qualified for this particular project. Staff recommends that the attached agreement with the Lightfoot Planning Group be approved which will enable an evaluation of the existing state of the
mitigation plan and recommend alternatives.
FISCAL IMPACT:
expense of the Assessment District.
a i\,050 0 .*
Page 2 of Agenda Bill No. _-
EXHIBITS :
1. Resolution No. 9 j -7’ approving a consultant agreement with
the Lightfoot Planning Group for the Palomar Airport Road West
Assessment District mitigation monitoring program.
2. Consultant Agreement.
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RESOLUTION NO. 91-70
A RESOLUTION OF THE CITY COUNCIL OF THE cIw
OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND LIGHTFOOT PLANNING GROUP FOR THE RIPARIAN
MITIGATION MONITORING OF PALOMAR AIRPORT ROAD
FROM PASEO DEL NORTE TO EL CAMINO REAL, PROJECT NO. 3151
WHEREAS, consultant proposals were requested frc
qualified environmental consultants and have been received by tl
City of Carlsbad for the riparian mitigation monitoring of Palom(
Airport Road West Assessment District project; and
WHEREAS, the firm of Lightfoot Planning Group has be
selected to perform the required riparian mitigation monitorin
and
WHEREAS, funds are currently available in Account N
410-820-1880-3151 for the riparian mitigation monitoring.
NOW, THEREFORE, BE IT RESOLVED by the City Council of t
City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That an agreement between the City of Carlsbad a
Lightfoot Planning Group for the riparian mitigation monitoring
Palomar Airport Road West Assessment District is hereby accepte
3. That the Mayor of the City of Carlsbad is here
authorized and directed to execute said agreement for and on beha
of the City of Carlsbad.
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4. That following the Mayor's signature of sai
contract, the City Clerk is authorized and directed to forwar
copies of the signed contract documents to Lightfoot Plannin
Group, attention Mr. Jim Taylor, 1315 Union Plaza Court, Suite 1OC
Oceanside, California, 92054, and the Municipal Project
Department.
PASSED, APPROVED AND ADOPTED at a regular meeting of tk
Carlsbad City Council held on the 5th day of March , 1991
by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Stanton and Nygaz
NOES: None
ABSENT: None
ATTEST:
ALETHA L. RAUTENKRANZ, City blerk
2- l?--
(SEAL)
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AGREEMENT WITH
LIGHTFOOT PLANNING GROUP TO PROVIDE
RIPAREAN MITIGATION MONITORING FOR
PALOMAR AIRPORT ROAD FROM PASEO DEL, NORTE
TO PALOMAR OAKS WAY
THIS AGREEMENT, made and entered into as of the day of
, 19-, by and between the CITY OF CARLSBAD, a
municipal corporation, hereinafter referred to as "City", and LIGHTFOOT PLANNING
GROUP, hereinafter referred to as "Consultant".
RECITALS
City requires the services of Lightfoot Planning Group consultant to provide
riparian mitigation monitoring for Palomar Airport Road, Paseo del Norte to
Palomar Oaks Way; and Consultant possesses the necessary skills and qualifications
to provide the services required by the City;
NOW, THEREFORE, in consideration of these recitals and the mutual
covenants contained herein, City and Consultant agree as follows:
1. CONSULTANT'S OBLIGATIONS
To provide five (5) year mitigation monitoring services for Palomar Airport
Road per attached Exhibit "A".
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2. CITY OBLIGATIONS
The City shall provide a copy of the mitigation plan.
3. PROGRESS AND COMPLETION
The work under this contract will begin within ten (10) days after receipt of
notification to proceed by the City and be completed within five (5) years with a
periodic reports each year. The first year report is to be submitted within thirty
(30) days of Notice to Proceed. Extensions of time may be granted if requested by
the Consultant and agreed to in writing by the Project Manager. The time extension
will give allowance for documented and substantiated unforeseeable and
unavoidable delays not caused by a lack of foresight on the part of the Consultant,
or delays caused by City inaction or other agencies' lack of timely action.
4. FEES TO BE PAID TO CONSULTANT
The total shall not exceed the fee payable according to Paragraph 6,
"Payment of Fees," and shall be $16,420. No other compensation for sewices will
be allowed except those items covered by supplemental agreements per Paragraph
8, "Changes in Work."
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5. DURATION OF CONTRACT
This agreement shall extend for a period of five (5) years from date thereof.
The contract may be extended for an additional one (1) year periods or parts
thereof, based upon satisfactory performance and the City's needs.
6. PAYMENT OF FEES
Payment of fees shall be upon completion of appropriate tasks as outlined on
Exhibit "A".
7. FINAL, SUBMISSIONS
Within fifteen (15) days of completion of each five (5) tasks, the Consultant
shall deliver to the City the following items:
A. Monitoring report.
B.
C.
Cost estimate for replacement and repair of damaged mitigated areas.
Recommendation for method and duration of maintenance.
8. CHANGES IN WORK
If, in the course of the contract, changes seem merited by the Consultant or
the City, and informal consultations with the other party indicate that a change in
the conditions of the contract is warranted, the Consultant or the City may request
a change in contract. Such changes shall be processed by the City in the following
manner: A letter outlining the required changes shall be forwarded to the City by
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Consultant to inform them of the proposed changes along with a statement of
estimated changes in charges or time schedule. A supplemental agreement shall be
prepared by the City and approved by the City according to the procedures
described in Carlsbad Municipal Code Section 3.28.1 72. Such supplemental
agreement shall not render ineffective or invalidate unaffected portions of the
agreement.
9. COVENANTS AGAINST CONTINGENT FEES
The Consultant warrants that their firm has not employed or retained any
company or person, other a bona fide employee working for the Consultant, to
solicit or secure this agreement, and that Consultant has not paid or agreed to pay
any company or person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gift, or any other consideration contingent upon, or
resulting from, the award or making of this agreement. For breach or violation of
this warranty, the City shall have the right to annul this agreement without liability,
or, in its discretion, to deduct from the agreement price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage
fees, gift, or contingent fee.
10. NONDISCRIMINATION CLAUSE
The Consultant shall comply with the state and federal laws regarding
nondiscrimination.
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11. TERMINATION OF CONTRACT
In the event of the Consultant’s failure to prosecute, deliver, or perform the
work as provided for in this contract, the City may terminate this contract for
nonperformance by notifying the Consultant by certified mail of the termination of
the Consultant. The Consultant, thereupon, has five (5) working days to deliver
said documents owned by the City and all work in progress to the City Engineer or
his authorized representative. The City Engineer or his authorized representative
shall make a determination of fact based upon the documents delivered to City of
the percentage of work which the Consultant has performed which is usable and of
worth to the City in having the contract completed. Based upon that finding as
reported to the City Manager, the Manager shall determine the final payment of the
contract.
12. DISPUTES
If a dispute should arise regarding the performance of work under this
agreement, the following procedure shall be used to resolve any question of fact or
interpretation not otherwise settled by agreement between parties. Such questions,
if they become identified as a part of a dispute among persons operating under the
provisions of this contract, shall be reduced to writing by the principal of the
Consultant or the City Engineer or his authorized representative. A copy of such
documented dispute shall be forwarded to both parties involved along with
recommended methods of resolution which would be of benefit to both parties. The
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City Engineer or his authorized representative or principal receiving the letter shall
reply to the letter along with a recommended method of resolution within ten (10)
days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a
letter outlining the dispute shall be forwarded to the City Council for their
resolution through the Office of the City Manager. The City Council may then opt
to consider the directed solution to the problem. In such cases, the action of the
City Council shall be binding upon the parties involved, although nothing in this
procedure shall prohibit the parties seeking remedies available to them at law.
13. SUSPENSION OR TERMINATION OF SERVICES
This agreement may be terminated by either party upon tendering thirty (30)
days written notice to the other party. In the event of such suspension or
termination, upon request of the City, the Consultant shall assemble the work
product and put same in order for proper filing and closing and deliver said product
to City. In the event of termination, the Consultant shall be paid for work
performed to the termination date; however, the total shall not exceed the lump
sum fee payable under paragraph 4. The City shall make the final determination
as to the portions of tasks completed and the compensation to be made.
14. STATUS OF THE CONSULTANT
The Consultant shall perform the services provided for herein in Consultant’s
own way as an independent contractor and in pursuit of Consultant’s independent
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calling, and not as an employee of the City. Consultant shall be under control of
the City only as to the result to be accomplished, but shall consult with the City as
provided for in the request for proposal.
The Consultant is an independent contractor of the City. The payment made
to the Consultant pursuant to the contract shall be the full and complete
compensation to which the Consultant is entitled. The City shall not make any
federal or state tax withholdings on behalf of the Consultant. The City shall not be
required to pay any workers’ compensation insurance on behalf of the Consultant.
The Consultant agrees to indemnify the City for any tax, retirement contribution,
social security, overtime payment, or workers’ compensation payment which the City
may be required to make on behalf of the Consultant or any employee of the
Consultant for work done under this agreement.
The Consultant shall be aware of the requirements of the Immigration Reform
and Control Act of 1986 and shall comply with those requirements, including, but
not limited to, verifying the eligibility for employment of all agents, employees,
subcontractors and consultants that are included in this agreement.
15. CONFORMITY TO LEGAL, REOUIREMENTS
The Consultant shall cause all drawings and specifications to conform to all
applicable requirements of law: federal, state and local. Consultant shall provide
all necessary supporting documents, to be filed with any agencies whose approval
is necessary.
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The City will provide copies of the approved plans to any other agencies.
16. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, and specifications as herein
required are the property of the City, whether the work for which they are made be
executed or not. In the event this contract is terminated, all documents, plans,
specifications, drawings, reports, and studies shall be delivered forthwith to the City.
Consultant shall have the right to make one (1) copy of the plans for his/her
records.
17. REPRODUCTION RIGHTS
The Consultant agrees that all copyrights which arise from creation of the
work pursuant to this contract shall be vested in City and hereby agrees to
relinquish all claims to such copyrights in favor of City.
18. HOLD HARMLESS AGREEMENT
The City, its officers, and employees shall not be liable for any claims,
liabilities, penalties, fines, or any damage to goods, properties, or effects of any
person whatever, nor for personal injuries or death caused by, or resulting from, any
intentional or negligent acts, errors or omissions of Consultant or Consultant’s
agents, employees, or representatives. Consultant agrees to defend, indemnify, and
save free and harmless the City and its officers and employees against any of the
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-, foregoing claims, liabilities, penalties or fines, including liabilities or claims by
reason of alleged defects in any plans and specifications, and any cost, expense or
attorney’s fees which are incurred by the City on account of any of the foregoing.
19. ASSIGNMENT OF CONTRACX
The Consultant shall not assign this contract or any part thereof or any
monies due thereunder without the prior written consent of the City.
20. SUBCONTRACTING
If the Consultant shall subcontract any of the work to be performed under
this contract by the Consultant, Consultant shall be fully responsible to the City for
the acts and omissions of Consultant’s subcontractor and of the persons either
directly or indirectly employed by the subcontractor, as Consultant is for the acts
and omissions of persons directly employed by consultant. Nothing contained in
this contract shall create any contractual relationship between any subcontractor of
Consultant and the City. The Consultant shall bind every subcontractor and every
subcontractor of a subcontractor by the terms of this contract applicable to
Consultant’s work unless specifically noted to the contrary in the subcontract in
question approved in writing by the City.
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21. PROHIBITED INTEREST
No official of the City who is authorized in such capacity on behalf of the
City to negotiate, make, accept, or approve, or take part in negotiating, making,
accepting, or approving of this agreement, shall become directly or indirectly
interested personally in this contract or in any part thereof. No officer or employee
of the City who is authorized in such capacity and on behalf of the City to exercise
any executive, supervisory, or similar functions in connection with the performance
of this contract shall become directly or indirectly interested personally in this
contract or any part thereof.
22. VERBAL AGREEMENT. OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employee of
the City, either before, during or after the execution of this contract, shall affect or
modify any of the terms or obligations herein contained nor entitle the Consultant
to any additional payment whatsoever under the terms of this contract.
23. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 18, "Hold Harmless Agreement," all
terms, conditions, and provisions hereof shall insure to and shall bind each of the
parties hereto, and each of their respective heirs, executors, administrators,
successors, and assigns.
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*+ > 24. EFFECTIVEDATE
This agreement shall be effective on and from the day and year first above
written.
25. CONFLICI' OF INTEREST
The Consultant shall file a Conflict of Interest Statement with the City Clerk
in accordance with the requirements of the City of Carlsbad Conflict of Interest
Code. The Consultant shall report investments or interests in real property.
26. INSURANCE
The Consultant shall obtain and maintain policies of general liability
insurance, automobile liability insurance, and a combined policy of worker's
compensation and employers liability insurance from an insurance company
authorized to do business in the State of California which meets the requirements
of City Council Resolution No. 90-96 in an insurable amount of not less than one
million dollars ($1,000,000) each, unless a lower amount is approved by the City
Attorney or the City Manager. This insurance shall be in force during the life of this
agreement and shall not be canceled without thirty (30) days prior written notice
to the City sent by certified mail.
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.3O4 day of --EA-1 ,
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*. .I n-. Executed by Consultant this
1991.
1.
CONSULTANT: CITY OF CARLSBAD, a municipal
corporation of the State of California
LIGHTFOOT PLANNING GROUP
By:
City Manager or Mayor
(print name here) ATTEST:
1E5l Pi9J.T t LEU I L-LL,H.l-t??T, zh,c
;a- I
(titlyand organi,zat' n of si atory)
ALETHA L. RAUTENKRANZ \- . . d ( j [! (f<T& 1% - f- !>p+Jorw+sistj3 Sect j ry, if City Clerk
o oration) -- ,/'
(Proper notarial acknowledgment of execution by CONSULTANT must be attached.)
(President or vice-president and secretary or assistant secretary must sign for
corporations. If only one officer signs, the corporation must attach a resolution
certified by the secretary or assistant secretary under corporate seal empowering
that officer to bind the corporation.)
APPROVED AS Tn cnahiI- - -
I I
ISS. - G STATE OF CALIFORNIA ,,, COUNTY OF i EqQ
VINCENT F. BI( n : 0 n ~~~,;!~~~~~~<~~~f~ , kt+:, belore me. lhe undersigned. a Nolary Public
, personally known 10 me ief-wov3d-t~
City Attorney x - said stale. personally&Deared L.. 1. L c . ' V\ -- . J f'
l-i,.m ne& (2 . CI . c&L--t- &+- .--: E
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baSiS.Qf sa IdaGtBFY9dewej to be the persons who executed the within instrument as Oh BY $E President and_______Secretary. on behal! of- Deputy( 56 L. A!, L,&+pe(>+ 3i.v:. : s thecorporationlherei~~amed.andacknow1edgedtomethat said
w * corporation executed the within instrument pursuant 10 its by-
r", laws or a resolutionoi its board of directors, said corporation bang mc 5 .g ._
(This area for official nota
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‘I 0 Exhibit lmAll m ._
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PALOMAR AIRPORT ROAD WEST
MITIGATION MONITORING SERVICES
SCOPE OF SERVICES
Task 1
Review plans and specifications of project implementation. $ 3,9( Conduct field review of all horticulture and biological
requirements necessary for completion of revegetation effort. Provide cost estimates for replacement and repair of mitigation
landscape and for regular maintenance. Since the revegetation effort has been in place for one year, it is assumed that only a year end monitoring effort is required.
Task 2
Year two
periods:
will be prepared and delivered to the City for each period.
Task 3
monitoring period and a mitigation report.
Task 4
of the monitoring program will include two monitoring 3,4 One at six months and one at the year‘s end. Reports
Year three of the monitoring program will include a single 2,8
Year four of the monitoring program will include a single 3,o monitoring period and a mitigation report.
Task 5
Year five of the monitoring program will include a single
monitoring period and a final mitigation report. 3.1
TOTAL $16,4