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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. c 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 a 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. /// /// /// 1 2 3 4 5 6 7 8 g 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 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) *7 0 m 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". 1 Rev. 11/8/90 -- . 0 e 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." 2 Rev. 11/8/90 -1 m e -. _. 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 3 Rev. 11/8/90 .' e e 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. 4 Rev. 11/8/90 0 a 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 5 Rev. 11/8/90 .< 0 0 .. 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 6 Rev. 11/8/90 ., 0 0 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. 7 Rev. 11/8/90 ., 0 m 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 8 Rev. 11/8/90 .. 0 a .. -, 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. 9 Rev. 11/8/90 .. .I 0 m 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. 10 Rev. 11/8/90 1. 1, 0 e *+ > 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. .... .... .... 11 Rev. 11/8/90 .3O4 day of --EA-1 , CI e *. *. .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 ," $ n .- 1 r\ 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 ..... ... -. 12 Rev. 11/8/YU ‘I 0 Exhibit lmAll m ._ ‘ ‘I’ 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