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HomeMy WebLinkAbout1991-07-16; City Council; 11261; SELECTION OF BIOLOGICAL CONSULTANT - HABITAT MANAGEMENT PLAN1 SELECTION OF BIOLOGICAL CONSULTANT - HABITAT MANAGEMENT PLAN ,’* (1 ) Adopt Resolution No. 9I-23 q, approving the selection of Michael Brandma to provide biological consulting services, authorizing the Mayor to execute the ag (2) Direct staff to proceed with Phase II of the Work Program. ITEM EXPLANATION On November 20, 1991, the City Council approved a Work Program for study resources and preparing a Habitat Management Plan (HMP) within the City of Cai I of the Work Program included selection of a biological consultant and a status Council. This agenda bill is intended to accomplish those tasks. Thus far, the Work Program is proceeding as anticipated. The Advisory Grc formed and has met three times. A facilitator has been retained to assist the Ad The federal and state wildlife agencies continue to indicate their support. Fur now hinges on hiring the biological consultant to provide the necessary scientific Six biological consulting firms responded to the City’s Request for Proposals. A $ of the Advisory Group reviewed the six proposals and recommended interv Following the interviews and reference checks, the consensus of the subcommi Michael Brandman Associates (MBA) is the best qualified firm. MBA will be inventory of habitat land in the City and an analysis of the habitat in terms of pla species composition, quality, linkage to other habitat areas, feasibility for pre: other factors. MBA will be working with Sandag to produce computerized m areas under study. The base cost of the contract is $94,978. The contract contains a 5% contin! be drawn upon in case of minor changes to the scope of work. Use of the con would be at the City‘s discretion and would be handled by staff. If the full i contingency fund were to be utilized, the total cost of the contract would Contract changes beyond this, or changes that staff views as too significl through the contingency fund, would require City Council approval. Funding fc has been provided in the FY 91-92 budget in the Planning Department’s I Professional Services. If Council approves this recommendation, staff and the Advisory Group will Phase II of the Work Program. ENVIRONMENTAL REVIEW This action only authorizes further studies of biological resources within the Cit No environmental documentation is required at this time. When the final plan I the City decides to use it as the basis for a Habitat Conservation Plan under thr section 10(A) of the Endangered Species Act, both federal and state I documentation would be required. ,.- * 0 Page Two of Agenda Bill No. //!gb I FISCAL IMPACT This request is a part of the overall habitat planning effort which was presented to the Cc in June 1991. Phase I involved the selection of a biological consultant and a status report t Council. Phase II was kicked off by the adoption of Resolution No. 91 -01 77 on June 17, ' authorizing the hiring of a project facilitator, and by Council direction to proceed with the I of a biological consultant. The Planning Department budget includes $1 50,000 to support ( related to this study this year. Although the total cost of Phase II services (facilitator and biological consultant) are expect be less than the budget amount for this project, the total cost for all phases of the project i known at this time. Additional appropriations may be necessary late this fiscal year, or a: of next year's budget to complete this study. The City may recover a portion of these COS implementing a mitigation fee. The feasibility of such a fee will be reviewed by stafl discussed with Council as we reach the conclusion of this project. Funds are available fc portion of the project costs in the Planning Department professional services account. EXHl BITS 1. 2. Agreement City Council Resolution No. 3/ -L? Y .- t .* 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e e RESOLUTION NO. 91 -234 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSULTAF AGREEMENT WITH MICHAEL BRANDMAN ASSOCIATES AND PROVIC FUNDING. WHEREAS, the City Council of the City of Carlsbad has authorized sta planning effort focused on wildlife habitat within the City; and WHEREAS, an essential component of that planning effort involves the a biological consultant; and WHEREAS, by means of an objective selection process, the firm of Mict Associates (MBA) has been selected as the most qualified consultant to perfc NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council Carlsbad, California that: 1) 2) The above recitations are true and correct. The City Manager is authorized to execute an agreement wi amount not to exceed $99,727. Staff is directed to proceed with Phase II of the Work Program , another status report to the City Council upon the completion ( 3) .... ! .... .... .... .... .... .... D .... 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 e 1) PASSED, APPROVED, AND ADOPTED at a regular meeting of the City , 1991, by the f 16th day of July City of Carlsbad, held on the to wit: AYES: Council Members Lewis, Kulchin, Larson, Nygaard, NOES: None ABSENT: None Stanton ATTEST: NZ, City Clerk stant City Clerk (SEAL) j 2. .. 0 e AGREEMENT ;L*c 4 THIS AGREEMENT, made and entered into as of the day of , 19z< by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "CITY", and MICHAEL BRANDMAN ASSOCIATES, hereinafter referred to as "CONSULTANT". RECITALS CITY requires the services of a biological consultant to provide the necessary habitat inventory, mapping and analysis services for preparation of the Habitat Management Plan (HMP); 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 The products generally expected to be produced by the Consultant are an inventory of the extent and quality of each scientifically significant habitat type within Carlsbad and an analysis of that habitat, as further described below. Habitat types should include areas with a significant presence of exotic plant species in proximity to more pure - 1 Rev. 11/8/90 .. 0 e . stands of native vegetation. The purpose of the inventory and analysis is to lay the foundation for a Habitat Management Plan for the City of Carlsbad as well as possible preparation of a Habitat Conservation Plan (HCP) pursuant to section 10(A) of the Endangered Species Act. More specifically, the Consultant shall complete the following tasks and prepare and deliver the following products: I. Attend all meetings of the Advisory Group and assist City staff in technical support functions for the Advisory Group. At least 18 meetings are anticipated. The City has employed a facilitator who will be involved throughout the process. With the assistance of the facilitator, confer with staff of the U.S. Fish and Wildlife Service to confirm that the proposed methodology will be adequate for the later preparation of a Habitat Conservation Plan which will meet with the approval of the Service for purposes of a 10(A) permit and related CEQA and NEPA documents. Prepare and deliver Twenty-five (25) copies of a Draft Report, which shall include: A. 11. 111. A Background and Goals section describing the activities leading up to the biological resources and habitat survey report, how this work program relates to the City’s open space planning effort, how it relates to the federal and state wildlife habitat conservation programs, and how it meets the established goals of the project. 2 Rev. 11/8/90 0 0 B. A Regional Overview section describing the nature and distribution of the major habitat types within San Diego County and Southern California. A Local Setting section, using existing readily available data from the City, SANDAG and other sources, describing the major habitat types, sensitive species sightings, and habitat distribution within Carlsbad. This section will contain general background information and is not intended to be comprehensive or exhaustive. . C. D. A preliminary inventory of each habitat type within Carlsbad, including areas with a significant presence of exotic plant species, utilizing aerial photographs which will be provided to the consultant. The inventory shall be presented on one or more maps as needed. A textual narrative shall accompany the map(s) describing the habitat types and their characteristics. The vegetation classification system must be consistent with that used by SANDAG. Work with the facilitator and SANDAG staff in preparing a format to input all data to the ArcInfo based Geographic Information System. The actual running of ArcInfo shall not be the responsibility of the Consultant, but data must be consistent with SANDAG’S specifications for format of digital files. Review E. \ 3 Rev. 11/8/90 .. m 0 outputs for accuracy, and work with SANDAG staff to make any corrections and produce final outputs. Conduct a field reconnaissance of selected sites to verify, correct, and refine the data contained in the preliminary inventory; determine species composition based upon a combination of sightings and probable linkage of speciedvegetation, existing or potential corridors, topographic influences, soil types (in general terms only), level of disturbance, proximity to other open space/wildlife areas, utilization of the site by endangered, candidate and sensitive species, and any other factors which could affect habitat viability. Specify subareas for later reference and possible further analysis if conditions warrant more detailed studies. An Analysis and Habitat Resource section on the status of each habitat type in Carlsbad, including the quality of the habitat. A Conclusions and Recommendations section, including feasibility of preservation, linkage to other areas, and mitigation for loss of habitat. J. Completing all of the work stated in CONSULTANT’S proposal. Submit the Draft Report to a Peer Review Group to be assembled by the City for the purpose of assuring the scientific validity of the report. Submit the Draft Report to the Advisory Group for review and comment. F. G. H. IV. V. 4 Rev. 11/8/90 e 0 VI. Revise the Draft Report in response to the comments of the Peer Review Group, the Advisory Group, City staff and the facilitator. Prepare and deliver fifty (50) copies and one reproducible master of the Final Report. Attend up to three (3) City Council or Planning Commission meetings to assist in the presentation of the Final Report. VII. 2. CITY OBLIGATIONS I. The CITY shall provide background material from Environmental Impact Reports, the General Plan, and other planning documents in the City’s possession for use by the Consultant in preparing the Background and Goals report and the Local Setting report. The CITY shall provide maps and/or aerial photographs suitable for use as base maps and for purposes of determining vegetation types. If the Consultant provides the aerial color stereo-photographs, the City shall reimburse the Consultant for that cost. 11. 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 365 days of that date. Extensions of time may be granted if requested by the CONSULTANT and agreed to in writing by the Project Manager. The CITY will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on 5 Rev. 11/8/90 0 e the part of the CONSULTANT, or delays caused by CITY inaction or other agencies' lack of timely action. 4. DURATION OF CONTRACT This agreement shall extend for a period of one year from date thereof. The contract may be extended for two additional one (1) year periods or parts thereof, based upon satisfactory performance and the CITY'S needs. 5. PAYMENT OF FEES Consultant shall invoice the City on a monthly basis for actual costs incurred. City shall retain 10% of the amount of each invoice until completion of the project. The total cost shall not exceed $94,978, except as provided below: A. A contingency fund of $4,749 shall be available to pay Consultant for relatively minor additions to the scope of work. If any portion of the contingency fund is used, the not-to-exceed cost shall be adjusted accordingly, but no change order or amendment to this agreement shall be required. Utilization of the contingency fund shall be at the sole discretion of the City. Prior to undertaking any work that is outside of the scope of work of this agreement, Consultant shall inform the City in writing that such work is required and that the work should be paid from the contingency fund. The City shall consider all such requests and shall respond in writing. If the use of contingency funds is approved by the - 6 Rev. 11/8/90 0 0 ._ City, the nature of the additional work, the amount to be withdrawn from the contingency fund, and the amount remaining in the contingency fund shall be clearly stated in the City’s response. If the contingency fund becomes totally depleted and further additions to the scope of work are required, or if a proposed addition to the scope of work is considered by the City to be too significant to address through the contingency fund, the matter shall be addressed as provided in paragraph 6 below. B. If Consultant undertakes any work outside the approved scope of work as provided herein, such work shall be at Consultant’s expense. 6. 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 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 3.28.172. Such supplemental agreement shall not render ineffective or invalidate unaffected portions of the agreement. 7 Rev. 11/8/90 0 0 -. 7. COVENANTS AGAINST CONTINGENT FEES The CONSULTANT warrants that their firm has not employed or retained any company or person, other than 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. 8. NONDISCRIMINATION CLAUSE The CONSULTANT shall comply with the state and federal laws regarding nondiscrimination. 9. 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 8 8 Rev. 11/8/90 e m .- -. - deliver said documents owned by the CITY and all work in progress to the Project Manager. The Project Manager 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. 10. 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 Project Manager. 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 CITY Project Manager 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 9 Rev. 11/8/90 -. 0 0 -_ remedies available to them at law. 11. 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 5. The CITY shall make the final determination as to the portions of tasks completed and the compensation to be made. 12. 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 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 10 Rev. 11/8/90 *_ . 0 0 .. 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. 13. 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. The CITY will provide copies of the approved plans to any other agencies. 14. 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 - 11 Rev. 11/8/90 .I 0 0 .. 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 hidher records. 15. 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. 16. 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 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. 12 Rev. 11/8/90 n. e 0 7. 17. ASSIGNMENT OF CONTRACT The CONSULTANT shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of the CITY. 18. 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. 19. 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, \ 13 Rev. 11/8/90 .. 0 0 TI * 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. 20. 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. 21. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 17, "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. 22. EFFECTWE DATE This agreement shall be effective on and from the day and year first above written. 23. CONFLICT OF INTEREST The CONSULTANT shall file a Conflict of Interest Statement with the City Clerk 14 Rev. 11/8/90 .* 1 e 0 5” in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The CONSULTANT shall report investments or interests in real property. 24. 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 ($l,OOO,OOO) 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. The CITY shall be named as an additional insured on these policies. The CONSULTANT shall furnish certificates of insurance to the CITY before commencement of work. 15 Rev. 11/8/90 t e * I. ’* Executed by CONSULTANT this 26 day of JULY -9 1923 CONSULTANT: CITY OF CARLSBAD, a municipal corporation of the State of California MICHAEL BRANDMAN ASSOCIATES (name of Consultant) By: CLAUDE A. LEWIS, Mayor CURTIS E. ALLING ATTEST: (print name here) VICE PRESIDENT MICHAEL BRANDMAN ASSOCIATES fil (title and organization of signatory) NZ City Clerk e By: &h&/’ (si&here) .* WILLIAM J. MONAHAN, JR. (print name here) SECRETARY/TREASURER MICAHEL BRANDMAN ASSOCIATES (title and organization of signatory) (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 TO FORM: VINCENT F. BIONDO, JR. City Attorney f /e& 16 Rev. 11/8/90 CAPACITY C LA1 Iv 0 INDIVIDUAL(S) OFFICER(S) - NAME, TITLE OF OFFICER. E.G.. “JANE DOE. NOTARY PUBLIC‘ . state of CALI FORN I A County of ORANGE NAME(S) OF SIGNER(S) GUARDIANKONI subscribed to the within instrument and ac- the same in his/her/their authorized THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Q 1991 NATIONAL NOTARY ASSOCIATION * 8236 Rernrnet Ave. * P.O. Box 7184 *’