HomeMy WebLinkAbout1998-06-23; City Council; 14735; Macario Canyon Wetland Mitigation MonitoringWI Y OF CARLSBAD -AGENDA BILL -& f-I
4B# /< 735 TITLE: APPROVING AMENDMENT NO. 1 TO
SERVICES AGREEMENT FOR MACARIO CANYON MTG. 6123198 WETLAND MITIGATION MONITORING PROGRAM AND
IEPT. ENG EXOTIC SPECIES REMOVAL, PROJECT NO. 3184
RECOMMENDED ACTION:
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DEPT!tiD. Km--
MGS CITY
Adopt Resolution No. 9 8 -2 0 3 approving Amendment No. 1 services agreement with Native Landscape, Inc., for Macario Canyon Mitigation Monitoring Program and Exotic Species Removal.
ITEM EXPLANATION:
Cannon Road West includes the construction of two bridges that cross and impact wetlands containing endangered species habitat. The purpose of the wetland mitigation areas is to create a wetland that will support and encourage breeding of the endangered species. Conditions added through the resource agency permitting process required additional acreage to mitigate for the bridge impacts. This contract amendment includes the design, maintenance and monitoring of the additional areas throughout the resource agency required five year period. It also includes the maintenance of the mitigation area that has been installed in Macario Canyon.
City Council approved the selection of Native Landscape, Inc., in a previous action. Staff recommends that the City Council approve the attached Amendment No. 1 to the service agreement with Native Landscape, Inc., to perform the design, maintenance and monitoring of the wetlands creation areas as described in the attached services agreement, Exhibit 3.
ENVIRONMENTAL IMPACT:
The Planning Director has determined that the project is in prior compliance with an Environmental
Impact Report for Reach 1 and a Negative Declaration for Reach 2. This action requires meeting the conditions of approval of the environmental permits issued by the Regulatory Agencies based
on these environmental studies.
FISCAL IMPACT:
This project is funded by the proposed Bridge and Thoroughfare District No. 3 fees, SANDAG TransNet Highway funds, Caltrans SLTPP funds, City of Carlsbad Traffic Impact Fees and Public
Facility Fees.
Funds for the design, maintenance and monitoring of the wetland creation/restoration are available and have been appropriated in the project account.
Page 2 of Agenda Bill No. r;,! 335
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EXHIBITS:
1. Location Map.
2. Resolution No. 9 8 -20.3 approving Amendment No. 1 to a services agreement for
Macario Canyon Wetland Mitigation Monitoring Program and Exotic Species Removal,
Project No. 3184.
3. Amendment No. 1 to Agreement for Macario Canyon Wetland Mitigation Monitoring Program
and Exotic Species .Removal, Project No. 3184.
LOCATION MAP
IS/E NUMBER 1 ACRd
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I PROJECT NAME
CANNON ROAD WEST hbOd#J EXHIBIT
WETLAND HABITAT CREA T/ON SITES 3184 7
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RESOLUTION NO. 98-203
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO
SERVICES AGREEMENT WITH NATIVE LANDSCAPE, INC., FOR
MACARIO CANYON MITIGATION MONITORING PROGRAM AND
EXOTIC SPECIES REMOVAL, PROJECT NO. 3184.
WHEREAS, the City Council of the City of Carlsbad has appropriated funds for Cannon
Road West Project (hereinafter “Project”) through a previous City Council action; and
WHEREAS, Statements of Qualifications were solicited to perform biological services
required by the mitigation monitoring program for the project; and
WHEREAS, City Council selected Native Landscape, Inc., to perform the work in a
previous City Council action; and
WHEREAS, funds are currently available in the project account; and
WHEREAS, execution of the attached agreement for services complying with the terms
and conditions of the Resource Agency permits will implement the previously certified
environmental documents; and
WHEREAS, a mutually satisfactory fee for the services has been negotiated; and
WHEREAS, all environmental documents required for this project have had City Council
review and approval.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. The Amendment No. 1 to agreement with Native Landscape, Inc., for Macario
Canyon Wetland Monitoring Program and Exotic Species Removal is hereby approved, and the
Mayor is hereby authorized and directed to execute said agreement.
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1 3. Following the Mayor’s signature of the agreement, the City Clerk is further
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authorized and directed to forward copies of said agreement to Native Landscape, Inc.,
9746 Tamarack Lane, Escondido, California 92029, attention: Ardis Peer-y, and the Engineering
Department, attention: Sherri Howard.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 23rd day of June 9 1998 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard and Hall
NOES: None
ABSENT: Council Member Kulchin
, ,/ .
Al-l-EST:
(SEAL)
AMENDMENT NO. 1 TO AGREEMENT WITH
NATIVE LANDSCAPE, INC., FOR MACARIO CANYON MITIGATION MONITORING PROGRAM AND
EXOTIC SPECIES REMOVAL, PROJECT NO. 3184
This Amendment is entered into and effective as of the 23 rd day of
June t 19998, amending the agreement dated March 9, 1998 by and between the
City of Carlsbad, a municipal corporation, hereinafter referred to as “City”, and NATIVE
LANDSCAPE, INC., hereinafter referred to as, “Contractor” for a mitigation design, construction
and monitoring and exotic species removal in Macario Canyon and the Agua Hedionda
Preserve.
RECITALS
WHEREAS, the initial agreement, dated March 9, 1998 identified a scope of work
to perform biological monitoring of construction of a wetland mitigation area, long-term biological
monitoring and reporting; cowbird trapping, long-term monitoring and reporting; least Bell’s vireo
monitoring; and grubbing; and
WHEREAS, the parties to this aforementioned agreement desire to alter the
scope of work as follows:
WHEREAS, a supplemental scope of work and fee schedule have been
negotiated and agreed to between the parties hereto, and as shown on Exhibit “A” Scope of
Services and Fee;
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor hereby agree as follows:
1. Contractor shall provide services as outlined on the attached Exhibit “A”.
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2. City shall pay Contractor for all work associated with Paragraph 1 above,
on a fixed fee basis not-to-exceed $256,898. Contractor shall provide City on a monthly basis,
copies of invoices sufficiently detailed to include hours performed, hourly rates, and related
activities and costs for approval by City.
3. Contractor shall complete all work outlined on the attached Exhibit “A” by
December 2006.
4. All other provisions of the aforementioned agreement entered into on
March 9, 1998, by and between City and Contractor shall remain in full force and effect.
5. All requisite insurance policies to be maintained by the Contractor shall
include coverage for the amended assignment and scope of work.
Acknowledged and Accepted:
CONTRACTOR:
DATE ’
(Proper notarial acknowledgment of execution by Contractor 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:
RONALD R. BALL
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State of California )
1 County of San Diego )
On 06/17/98 before me, Belinda R. Guzman, Notary Public, personally appeared Ardis
Peery, proved to me on the basis of satisfactory evidence to be the person whose name
is subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument the person,
or entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal
Signature of Notary
(This area for
official notary seal)
Title or Type of Document Amendment No. 1 To Agreement with Native Landscape, Inc.,
For Macario Canyon Mitigation Monitoring Program and Exotic
Species Removal, Project No. 3184
Date of Document 06-17-98 No. of Pages 2
Signer(s) other than named above None
EXHIBIT “A”
Scope of Work
Native Landscape, Inc. will conduct additional landscape plan revisions, landscape
installation, weed eradication, landscape maintenance, biological construction monitoring, and
long-term biological monitoring associated with Cannon Road Extension Project wetland mitigation sites A, 6, C, and D Project including the following:
Macario Canvon Mitiaation Area
Task 1: Perform Long-Term 5-Year Maintenance for this mitigation site. Work will be
divided into six parts : l-6 months, 7-12 months, Year-2, Year-3, Year-4, Year-5
It is assumed that:
a. These costs include water and permit fees for the temporary water meter.
b. Site maintenance will commence after the go-day plant establishment period
C. No weed maintenance or additional seed cost for the coastal sage buffer areas is
included in the scope of work for this task.
d. The scope of work is as specified in the approved mitigation plan for the site to assure
the success of the mitigation plantings.
e. Maintenance costs do not include dead container plant replacements. Any required
container plant replacements will be billed as an extra from the contingency fund.
f. Water cost will be included in the annual maintenance budget only for Year-l. For
Years 2 and 3 it will be listed as an optional item to be billed on an as needed basis.
After Year 3, water cost would be billed out of the contingency funds for the project if
required.
Task 2: Hydroseed the Upland Buffer Areas per plan in the fall of 1998.
Task 3: Eradicate Tamarisk from the Existing Riparian Habitat in the pampas control
area of Macario Canyon during 1998.
Additional Mitiaation Sites B. C. D
Task 4: Revise the Current Landscape Construction Documents for these three
additional mitigation sites including irrigation and planting plans to assure these
plans are adapted to site ecological conditions. Also, produce a plant quantity list
for ordering plant materials for the site.
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As part of site evaluation work a total of three soil tests will be performed on sites C and D.
It is assumed that:
a: These plans do not need to be reviewed or approved by the City of Carlsbad Planning
Department.
b. These plans do not require signature by a Landscape Architect.
C. Revised plans will not need to be resubmitted to the permitting resource agencies.
d. Revisions to the original project specifications are not required.
e. The City will provide an Autocad version of the original documents.
NOTE: Installation costs including grading and landscaping will be bid at a later date for
these sites once final revisions are completed.
Task 5: Perform Installation Biological Monitoring for the additional mitigation sites.
Work will be divided in two phases as follows:
a. Sites C/D installed at one time.
b. Site B installed at a later date.
C. Site A - Macario Canyon additional 0.8 acres at one time.
It is assumed that:
a. Sites C & D will be installed in the fall of 1998.
b. Site B will be installed in the fall of 1999 after opening of the Agua Hedionda Channel
Bridge so the Kelly Ranch access road is no longer required.
C. Monitoring will be conducted according to the same scope of work described for the
original contract for the Macario Canyon Wetland areas except no nursery inspection
visits will be made prior to delivery of plants to the site.
Task 6: Perform Long-Term S-year Maintenance for the mitigation sites. Work will be
divided in two phases as follows:
a. Sites C/D
b. Site B
C. Site A additional 0.8 acres in Macario Canyon.
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It is assumed that:
a. Sites C & D will be installed in the fall of 1998 and maintenance will begin in January of
1999.
b. Site B will be installed in the fall of 1999 and maintenance will begin in January of 2000.
C. Site A is installed.
d. Site maintenance will commence after the go-day plant establishment period.
e. Costs include water and permit fees for the temporary water meter.
f. The scope of work is as required in the approved mitigation plan for the site to assure
the success of the mitigation plantings.
Maintenance costs do not include any dead plant replacements. It is assumed plant
replacement costs will be billed as an “extra” if needed out of the contingency funds.
Task 7: Perform Long-Term S-Year Biological Monitoring for the Mitigation Sites. Work
will be divided in two phases as follows:
a. Sites C/D installed at the same time
b. Site B installed at a later date.
The following assumptions are made:
a. It will be possible to start first year monitoring for Sites C & D at the same time as the
second Year-l monitoring is done for the Macario site in the summer of 1999 (thus both
programs will end at the same time).
b. Botanical Monitoring will be approved for execution once a year for these sites by the
permitting resource agencies before the second annual monitoring would be required
for these sites.
C. The annual reports for these sites will be included as a part of the annual report for the
Macario Canyon site except during the last year of monitoring for Site B.
Task 8: Perform One-Time Herbicide Applications to Control Riparian Woodland
Resprouting in areas already cleared for future road construction for the following
two sites:
a. Cannon Road Bridge Abutment
b. Cannon Road Wetland Crossing at El Camino Real
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Task 9: Perform Avifaunal Nest Monitoring during vegetation removal for Cannon Road
bridge abutments
a. Nest searches - A preliminary search of the site will be conducted to determine if
nesting behavior within the site has been initiated. Transects will be walked though the
site to search for and potentially discourage nest building activity. Avian breeding behavior (e.g. courtship, copulation, carrying of nest material) and nest construction
activities will be the focus of monitoring personnel. Avian behavior will also be observed from advantageous locations (e.g. opposite hillside, along the outer edge of
the habitat) on a continual basis to ensure broad coverage of the project area.
b. Nest discouragement - When nests are discovered that are less than or equal to 50%
completion, nest material will be removed. Dismantling nests prior to completion
encourages birds to renest; hopefully out of the project area. Plastic owls or other
avian predator decoys and metallic flagging will be placed appropriately within the
project area to passively discourage nest site selection. All flagging will be removed
immediately prior to vegetation clearing. Decoys will be placed daily upon arrival at the
site and removed when the monitor departs the site after each monitoring period.
Task 10: Bridge Grubbing - Removal and chipping of native shrubs and trees in the
Agua Hedionda Channel bridge and Macario Canyon Bridge footprint.
It is understood that these services would be provided, to the degree feasible, concurrently
with those for the existing contract and therefore there will be a cost savings possible through
this process. Costs are broken down on an annual fixed price basis to correspond with the
years already bid for the existing contract.
The general scope of work for these activities will be the same as those described for the rest
of the mitigation acreage in the original contract for this work.
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Native Landscape, Inc. will provide these services for the following additional fixed price
amounts to be added to our existing annual budgets.
Year l(1998)
Macario Canvon Mitiaation Area
Task 1: Year-l Site Maintenance 1 st 6-months
2nd 6-months Task 2: Buffer Hydroseeding Task 3: Tamarisk Eradication
Task 5: Biological Construction Monitoring for Site A
Additional 0.8 Acres
Additional Mitiaation Sites B. C. D Task 4: Revise Landscape Construction Documents
Task 5: Biological Construction Monitoring for Site C/D Task 8: Perform herbicide spraying of: Cannon Road Bridge Abutment Area
El Camino Bridge for Cannon Road Area
Year 1 Subtotal:
Year 2 (1999) Macario Canvon Mitiaation Area Task 1: Year-2 Site Maintenance Optional Water Cost (to be billed only as needed) Task 6: Year-l Long-Term Biological Monitoring for Site A Additional 0.8 Acres Additional Mitiaation Sites B. C, D Task 5: Biological Construction Monitoring for Site B
Task 6: Year-l Long-term Maintenance for Site C/D
Task 7: Year-l Long-term Biological Monitoring for Site C/D Year 2 Subtotal:
Year 3 (2000)
Macario Canvon Mitiaation Area Task 1: Year-3 Site Maintenance Optional Water Cost (to be billed only as needed) Task 6: Year-2 Long-Term Biological Monitoring for Site A Additional 0.8 Acres Additional Mitiatition Sites B. C. D
Task 6: Year-2 Long-term Maintenance for Site C/D
Optional Water Cost (to be billed only as needed)
Task 6: Year-l Long-term Maintenance for Site B Task 7: Year-2 Long-term Biological Monitoring for Site C/D Task 7: Year-l Long-term Biological Monitoring for Site B Year 3 Subtotal:
$12,985
$ 2,260
$ 3,500 $ 7,480
$ 870
$ 7,100 $10,825
$ 1,230
$ 5,225 $12,250
$ 5,800 $10,825
$ 2,215
$ 4,500
: 2;::
$ 81250
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Year 4 (2001) Macario Canvon Mitiaation Area
Task 1: Year-4 Site Maintenance
Task 6: Year-3 Long-Term Biological Monitoring for Site A Additional 0.8 Acres
Additional Mitiaation Sites B. C. D
Task 6: Year-3 Long-term Maintenance for Site C/D Optional Water Cost (to be billed only as needed) Task 6: Year-2 Long-term Maintenance for Site B Optional Water Cost (to be billed only as needed)
Task 7: Year-3 Long-term Biological Monitoring for Site C/D
Task 7: Year-2 Long-term Biological Monitoring for Site B Year 4 Su btotai:
Year 5 (2002) Macario Canvon Mitiaation Area Task 1: Year-5 Site Maintenance
Task 6: Year-4 Long-Term Biological Monitoring for Site A Additional 0.8 Acres Additional Mitiaation Sites B. C. D Task 6: Year-4 Long-term Maintenance for Site C/D Task 6: Year-3 Long-term Maintenance for Site B Optional Water Cost (to be billed only as needed)
Task 7: Year-4 Long-term Biological Monitoring for Site C/D
Task 7: Year-3 Long-term Biological Monitoring for Site B Year 5 Subtotal:
$ 4,840
$ 2,260
$ 2,700
t xi $ I:160 $ 7,865
$ 4,125
$ 2,300
$ 2,300 $ 1,000 $ 1,160
$ 8,195
Year 6 (2003) Macario Canvon Mitiaation Area Task 6: Year-5 Long-Term Biological Monitoring for Site A
Additional 0.8 Acres $ 2,350
Additional Mitiaation Sites B. C. D
Task 6: Year-5 Long-term Maintenance for Site C/D
Task 6: Year-4 Long-term Maintenance for Site B : ‘% Task 7: Year-5 Long-term Biological Monitoring for Site C/D $ 8,690
Task 7: Year-4 Long-term Biological Monitoring for Site B $ 2.750
Year 6 Subtotal: $16,690
Year 7 (2004) Additional Mitiaation Sites B. C. D Task 6: Year-5 Long-term Maintenance for Site B $ 600
Task 7: Year-5 Long-term Biological Monitoring for Site B $ 7.040 Year 7 Subtotal: $ 7,640
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Task 9: Avifaunai Nest Monitorinq Daily Fixed Price Billing
l Half Day for Biological Monitor
l Full day for Biological Monitor
l Half Day for Wildlife Biologist
l Full Day for Wildlife Biologist Not to Exceed
Task 10: Bridae Grubbing One-time lump sum
Contingency: Year 6 Year 7
Total Addendum:
$ 170
$ 310
$ 305
$ 545 $ 6,650
Not to Exceed $ 10,278
$ 5,000
$ 5,000
$256,898
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June 29,1998
Native Landscape, inc.
Ardis Peery
9746 Tamarack Lane
Escondido, CA 92029
RE: CONTRACT AMENDMENT NO. 1 ,MACARIO CANYON MITIGATION
MONITORING PROGRAM AND EXOTIC SPECIES REMOVAL
Enclosed for your records are copies of City Council Agenda Bill No. 14,735 and
Resolution No. 98-203, which was adopted by Council on June 23, 1998.
Also enclosed is a copy of the fully executed amendment No. 1 amending the
agreement dated March 9, 1998, for a mitigation design, construction and monitoring
and exotic species removal in the Macario Canyon and the Agua Hedionda Preserve.
If you have specific questions regarding Council’s actions, or the contract, please call
Sherrie Howard, Associate Engineer, at (760) 438-l 161 extension 4427.
KATHLEEN D. SHOUP
Sr. Office Specialist
1200 Carlsbad Village Drive - Carlsbad, California 92008-1989 - (760) 434-2808 @