HomeMy WebLinkAbout2001-02-20; City Council; 16071; Approve Agmt w/Native LandscapeCITY OF CARLSBAD - AGENDA BILL
iB# h&7/ TITLE* APPROVAL OF AN AGREEMENT WITH
zi/E LANDSCAPE, INC., FOR BIOLOGICAL MONITORING
ulTG. 2/20/o 1 AND LONG-TERM MAINTENANCE FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS
IEPT. ENG PROJECT NOS. 3184,3593 AND 3466
RECOMMENDED ACTION:
CITY MGR. %-’
Adopt Resolution No. dool-fib approving an agreement with Native Landscape, Inc., for biological monitorin Project Nos. 3184,359 ! and I ong-term maintenance for various capital improvement projects, and 3466.
ITEM EXPLANATION:
The City of Carlsbad has been required by the U.S. Army Corps of En Commission, California Department of Fish and Game and U.S. Fish an % ineers, California Coastal Wildlife Service to create and/or enhance wetland and upland habitat as mitigation for impacts from the construction and use of various capital improvement projects. Permits for these projects require a long-term maintenance and monitoring program to ensure success of the created and enhanced habitats. The maintenance and monitoring of these habitats requires expertise in the field of local habitat creation and restoration.
This contract has been written to provide monitoring and maintenance for several sites both
f reviously constructed and not maintained or currently in the plant establishment phase. he contract has been written to allow the addition of future mitigation sites as they come on-line. The projects included in this contract are:
0 Maintenance of the Cannon Road Bridge Wetland Revegetation Project (2.58 acres) 0 Maintenance of the Faraday Avenue slopes hydroseeded with coastal sage scrub (55acres) 0 Monitoring and maintenance of the Faraday Avenue coastal sage scrub mitigation site (1.25 acres) 0 Maintenance of the Olivenhain Road Widening Mitigation Project (1.6 acres) 0 Maintenance of the slopes on Cannon Road hydroseeded with coastal sage scrub (2 acres)
The City sent out Requests for Qualifications and Requests for Proposals to thirty landscape maintenance firms. Native Landscape, Inc., was the only firm to submit qualifications and a pro osal. Staffs review of the qualifications and proposal submitted by Native Landscape, Inc., an CP based on the performance of similar work determined the firm qualified to perform the work.
ENVIRONMENTAL IMPACT:
The projects are the result of the requirements of the environmental permits.
FISCAL IMPACT:
The proposed budget for the maintenance and monitoring will be funded through several accounts.
Maintenance of the Cannc In Road Bridge Wetland Revegetation Project
(2.58 acres) includino $5.00 -.-- --.-- . ..-. - -... CJ T-1-- 10 contingency Maintenance of the slopes on Cannon Road hydroseeded with coastal sage
CM Ih 13 a-me\ indl Ann C3 fVM3 rnntinnanm/ ““I “U ,h ““I Y”, II ,“,““ll my .y&,““” ““I 1.11 ‘y”““,
Total funding required Available funds in Project No. 3184 Maintenance of the Farada Avenue slopes hydroseeded scrub (5.5 acres) including $ 5.000 continaencv Monitoring and maintenanc mitigation site (1.25 acres) it ,-.--.,.= v ~,~~ Total funding reauired Available funds ___ _ _ _~__. Maintenance of the Olivenh
Available funds in Proieci Contract Tota
with coastal sage
r-x--- __.._... -..- :e of the Faraday Avenue coastal sage scrub
nnh idinn PF; nno continqency
in Praiect No. 3593
lain Road Widening Mitigation Project (1.6 acres)
t No. 3466
$48,996
$85,241 $166,372 $7,575 647.166
t- Project
Sufficient funds are available in those accounts.
Page 2 of Agenda Bill No. 1 b? 0 7 1
EXHIBITS:
1.
2.
Location Map.
Resolution No. $@I? j-5-6 approving an agreement with Native Landscape, Inc., for
Biological Monitoring and Long-tern Maintenance for Various Capital Improvement Projects,
Project Nos. 3164,3593 and 3466.
3. Agreement for Biological Monitoring and Long-Term Maintenance for Various Capital Improvement Projects.
2
CANNON ROAD
CITY OF OCEANSIDE
PROJECT NAME PROJECT EXHIBIT CANNON ROAD WEST NUMBER 3184 I
AD ENGlNEtRlNG DEPT. 5/16/00 c:\cAPITAL\H~wARD\~~~~ WETLAND REsroRAnc 3
NOT Tb SCALE
CITY OF OCEANSIDE
IVICINIT\r
COASTAL SAGE SCRUB MlT\~$KJ2 ,SlTE
COASTAL p A nr m*n”n HYDRC JILUIIVU (5.5 AC.)
3HUC 3LrlUtr bccrnui/r\ PACIFIC
\ cm Of ENCINITAS
PROJECT NAME PROJECT EXHIBIT
FA RADA Y A VENUE EX TENSlON NUMBER 1 3593
DRAWN BY S OTT EVANS, CARLSBAD ENGINEERING EPJ. 5\lqoo
D
C. \CAPIJAL \HOWARD\3593 MITIGATION 4
OMWD PROPERTY
LEGEND:
OM’ENHAIN /U/T/GA T/ON PROJECT
7.6 ACRES
NOT TO SCALE
OLlVENHAlN ROAD
VICINITY MAP
CITY Of OCEANS,DE
ENCINITAS CREEK
PROJECT NAME PROJECT EXHIBIT
OLIVENHAIN ROAD WIDENING NUMBER 3466 1
tb’v?d 8k? SCOTT EVANS. CAR[SBAD ENG,NEER,NG DEPJ, 1,18/o, ~,~CAP,TAL~HOWARD,OL,vEENHA,N RD M,T,GAT,ON,DWG
1 RESOLUTION NO. 2001-56
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH
NATIVE LANDSCAPE, INC., FOR BIOLOGICAL AND LONG-TERM
4 MONITORING FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS,
PROJECT NOS. 3184.3593 AND 3466.
5 WHEREAS, the City Council of the City of Carlsbad, California, has determined
6 it necessary and in the public interest to approve and accept an agreement with Native
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Landscape, Inc., for biological monitoring and long-term maintenance for various capital
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improvement projects including Olivenhain Road Widening (Project No. 3466) Cannon Road
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West (Project No. 3184) and Faraday Avenue (Project No. 3593); and
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WHEREAS, the Engineering Department requested Statements of Qualifications to
provide biological monitoring and long-term maintenance from thirty (30) private firms interested.
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in providing monitoring services for the City of Carlsbad, and received responses from one firm, 13
Native Landscape, Inc.; and
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15 WHEREAS, after review of the proposal and review of past performance of similar work,
staff is recommending Native Landscape, Inc., as the most qualified firm for performing biological
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monitoring and long-term maintenance based on their experience and expertise on similar types
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of projects; and
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WHEREAS, total project cost estimated for the biological monitoring is $131,739; and
20 WHEREAS, funds have been previously appropriated for the capital projects and there
21 are sufficient funds available for this agreement; and
22 WHEREAS, the Mayor is hereby authorized to execute the proposed agreement for
23 biological monitoring and long-term maintenance for various capital improvement projects with
24 Native Landscape, Inc.
25 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
26 California, as follows:
27 1. That the above recitations are true and correct.
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2. That the agreement with Native Landscape, Inc., for biological
monitoring and long-term maintenance for various capital improvement projects,
a copy of which is attached as Exhibit 3 to the agenda bill, is hereby approved.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 20th day of February ,
2001, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Finnila, Nygaard and Hall.
NOES: None
ATTEST: /
(SEAL)
AGREEMENT FOR
BIOLOGICAL MONITORING AND LONG-TERM MAINTENANCE
FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS
THIS AGREEMENT is made and entered into as of the 23rd day of
Februarv ,2On, by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as “City”, and NATIVE LANDSCAPE, INC., a
California corporation, hereinafter referred to as “Contractor.”
RECITALS
City requires the services of a Contractor to provide the necessary biological
monitoring and long-term maintenance services for preparation of reports as required
by regulatory/resource agency protocols; and Contractor 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 Contractor agree as follows:
1. CONTRACTOR’S OBLIGATIONS
The Contractor shall perform the requirements as detailed in the scope of work
attached hereto as Exhibit “A” and incorporated herein.
2. CITY OBLIGATIONS
The City shall provide the Contractor with the following items:
A. Two (2) sets of bluelines of plans for mitigation planting and irrigation for
each project.
B. Two (2) sets of project specifications for the installation of each project.
rev. 4/24/00
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C. One (1) copy of related resource/regulatory agency permits for each
project.
D. One (1) copy of conceptual mitigation and monitoring plans for each
project.
E. One (1) copy of the irrigation controller chart.
F. One (1) copy of the irrigation controller key.
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 three (3) years of that date.
Extensions of time may be granted if requested by the Contractor and agreed to in
writing by the City Manager. The City Manager will give allowance for documented and
substantiated unforeseeable and unavoidable delays not caused by a lack of foresight
on the part of the Contractor, or delays caused by City inaction or other agencies’ lack
of timely action.
4. FEES TO BE PAID TO CONTRACTOR
The total fee payable for the services to be performed shall be $131,739. No
other compensation for services will be allowed except those items covered by
supplemental agreements per Paragraph 8, ‘-‘Changes in Work.” The City reserves the
right to withhold a ten percent (10%) retention until the project has been accepted by
the City.
Incremental payments, if applicable, should be made as outlined in attached
Exhibit “E.”
rev. 4/24/00
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5. DURATION OF CONTRACT
This agreement shall extend for a period of three (3) years from date thereof and
reviewed annually. The contract may be extended by the City Manager for two (2)
additional one (1) year periods or parts thereof, based upon a review of satisfactory
performance and the City’s needs. Extensions shall be based upon a satisfactory
review of Contractor’s performance; City needs, and; appropriation of funds by the City
Council. The parties shall prepare a written amendment indicating the effective date
and length of the extended Agreement.
6. PAYMENT OF FEES
Payment of approved items on the invoice shall be mailed to the Contractor
within 30 days of receipt of the invoice.
7. FINAL SUBMISSIONS
Within twenty-five (25) working days of the anniversary of each mitigation
planting site acceptance, the Contractor shall deliver to the City the following items:
0 Six (6) bound originals of the annual monitoring report with color copies of
tables, figures and photographs and one unbound copy for photocopying
for each site being monitored.
Within ten (10) working days and prior to invoicing for each month, the
Contractor shall deliver to the City the following items:
8.
0 Monthly reports shall be submitted prior to payment for that month’s
maintenance.
0 Project maintenance monitoring and reporting schedule updated monthly.
CHANGES IN WORK
If, in the course of the contract, changes seem merited by the Contractor or the
City, and informal consultations with the other party indicate that a change in the
conditions of the contract is warranted, the Contractor or the City may request a change
in contract. Such changes shall be processed by the City in the following manner:
rev. 4/24/00
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A letter outlining the required changes shall be forwarded to the City by Contractor to
inform them of the proposed changes along with a statement of estimated changes in
charges or time schedule. A Standard Amendment to 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 Amendment to Agreement shall not render
ineffective or invalidate unaffected portions of the agreement.
9. COVENANTS AGAINST CONTINGENT FEES
The Contractor warrants that their firm has not employed or retained any
company or person, other than a bona fide employee working for the Contractor, to
solicit or secure this agreement, and that Contractor 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.
IO. ANTI-DISCRIMINATION AND ANTI-HARASSMENT CLAUSE
The Contractor shall comply with all applicable state and federal laws and
regulations prohibiting discrimination and harassment.
11. TERMINATION OF CONTRACT
In the event of the Contractor’s failure to prosecute, deliver, or perform the work
as provided for in this contract, the City Manager may terminate this contract for
nonperformance by notifying the Contractor by certified mail of the termination of the
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rev. 4/24/00
Contractor. The Contractor, thereupon, has five (5) working days to deliver said
documents owned by the City and all work in progress to the City. The City shall make
a determination of fact based upon the documents delivered to City of the percentage
of work which the Contractor 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.
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 Contractor 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 Contractor 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 Manager shall make the final determination as to the portions of tasks completed
and the compensation to be made.
12. CLAIMS AND LAWSUITS
The Contractor agrees that any contract claim submitted to the City must be
asserted as part of the contract process as set forth in this agreement and not in
anticipation of litigation or in conjunction with litigation. The Contractor acknowledges
that if a false claim is submitted to the City, it may be considered fraud and the
Contractor may be subject to criminal prosecution. The Contractor acknowledges that
California Government Code sections 12650 et seq., the False Claims Act, provides for
civil penalties where a person knowingly submits a false claim to a public entity. These
provisions include false claims made with deliberate ignorance of the false information
rev. 4/24/00
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or in reckless disregard of the truth or falsity of information. If the City of Carlsbad seeks
to recover penalties pursuant to the False Claims Act, it is entitled to recover its
litigation costs, including attorney’s fees. The Contractor acknowledges that the filing of
a false claim may subject the Contractor to an administrative debarment proceeding
wherein the Contractor may be prevented to act as a Contractor on any public work or
improvement for a period of up to five years. The Contractor acknowledges debarment
by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor
from the selection process. -? _, > &y-
(Initial) (Initial)
The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026,
3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
‘1 .,
13. JURISDICTION &L (Initial) (initial)
The Contractor agrees and hereby stipulates that the proper venue and
jurisdiction for resolution of any disputes between the parties arising out of this
agreement is San Diego County, California.
14. STATUS OF THE CONTRACTOR
The Contractor shall perform the services provided for herein in Contractor’s own
way as an independent Contractor and in pursuit of Contractor’s independent calling,
and not as an employee of the City. Contractor 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 persons used by the Contractor to provide services under this
agreement shall not be considered employees of the City for any purposes whatsoever.
rev. 4/24/00
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The Contractor is an independent Contractor of the City. The payment made to
the Contractor pursuant to the contract shall be the full and complete compensation to
which the Contractor is entitled. The City shall not make any federal or state tax
withholdings on behalf of the Contractor or its employees or subcontractors. The City
shall not be required to pay any workers’ compensation insurance or unemployment
contributions on behalf of the Contractor or its employees or subcontractors. The
Contractor agrees to indemnify the City within 30 days for any tax, retirement
contribution, social security, overtime payment, unemployment payment or workers’
compensation payment which the City may be required to make on behalf of the
Contractor or any employee or subcontractor of the Contractor for work done under this
agreement or such indemnification amount may be deducted by the City from any
balance owing to the Contractor.
The Contractor 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 REQUIREMENTS
The Contractor shall cause all drawings and specifications to conform to all
applicable requirements of law: federal, state and local. Contractor 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.
rev. 4/24/00
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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.
Contractor shall have the right to make one (1) copy of the plans for its records.
17. REPRODUCTION RIGHTS
The Contractor 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
Contractor agrees to indemnify and hold harmless the City of Carlsbad and its
officers, officials, employees and volunteers from and against all claims, damages,
losses and expenses including attorneys fees arising out of the performance of the
work described herein caused by any willful misconduct, or negligent act, or omission of
the contractor, any subcontractor, anyone directly or indirectly employed by any of them
or anyone for whose acts any of them may be liable.
19. ASSIGNMENT OF CONTRACT
The Contractor shall not assign this contract or any part thereof or any monies
due thereunder without the prior written consent of the City.
rev. 4/24/00 -8 -
20. SUBCONTRACTING
If the Contractor shall subcontract any of the work to be performed under this
contract by the Contractor, Contractor shall be fully responsible to the City for the acts
and omissions of Contractor’s subcontractor and of the persons either directly or
indirectly employed by the subcontractor, as Contractor is for the acts and omissions of
persons directly employed by Contractor. Nothing contained in this contract shall
create any contractual relationship between any subcontractor of Contractor and the
City. The Contractor shall bind every subcontractor and every subcontractor of a
subcontractor by the terms of this contract applicable to Contractor’s work unless
specifically noted to the contrary in the subcontract in question approved in writing by
the City.
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.
rev. 4/24/00
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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 Contractor 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 inure to and shall bind each of the parties
hereto, and each of their respective heirs, executors, administrators, successors, and
assigns.
24. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first written
above.
25. CONFLICT OF INTEREST
The Contractor shall file a conflict of interest statement with the City Clerk in
accordance with the requirements of the City’s conflict of interest code incorporating
Fair Political Practices Commission Regulation 18700 as it defines A consultant. The
disclosure category shall be all categories.
26. INSURANCE
The Contractor shall obtain and maintain for the duration of the contract and any
and all amendments insurance against claims for injuries to persons or damage to
property which may arise out of or in connection with performance of the work
hereunder by the Contractor, his agents, representatives, employees or subcontractors.
-10 - rev. 4/24/00
Said insurance shall be obtained from an insurance carrier admitted and authorized to
do business in the State of California. The insurance carrier is required to have a
current Best’s Key Rating of not less than “A-Y and shall meet the City’s policy for
insurance as stated in Resolution No. 91-403.
A. Coveraaes and Limits.
Contractor shall maintain the types of coverages and minimum limits
indicated herein, unless a lower amount is approved by the City Attorney or City
Manager:
1. Comprehensive General Liability Insurance. $1 ,OOO,OOO combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits shall apply
separately to the work under this contract or the general aggregate shall be twice the
required per occurrence limit.
2. Automobile Liability (if the use of an automobile is involved for
Contractor’s work for the City). $1 ,OOO,OOO combined single-limit per accident for bodily
injury and property damage.
3. Workers’ Compensation and Employer’s Liability. Workers’
Compensation limits as required by the Labor Code of the State of California and
Employer’s Liability limits of $1 ,OOO,OOO per accident for bodily injury.
4. Professional Liability. Errors and omissions liability appropriate to
the contractor’s profession with limits of not less than $1,000,000 per claim. Coverage
shall be maintained for a period of five years following the date of completion of the
work.
rev. 4/24/00
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B. Additional Provisions.
Contractor shall ensure that the policies of insurance required under this
agreement contain, or are endorsed to contain, the following provisions.
1. The City shall be named as an additional insured on all policies
excluding Workers’ Compensation and Professional Liability.
2. The Contractor shall furnish certificates of insurance to the City
before commencement of work.
3. The Contractor shall obtain occurrence coverage, excluding
Professional Liability which shall be written as claims-made coverage.
4. This insurance shall be in force during the life of the agreement and
any extension thereof and shall not be canceled without 30 days prior written notice to
the City sent by certified mail.
5. If the Contractor fails to maintain any of the insurance coverages
required herein, then the City will have the option to declare the Contractor in breach, or
may purchase replacement insurance or pay the premiums that are due on existing
policies in order that the required coverages may be maintained. The Contractor is
responsible for any payments made by the City to obtain or maintain such insurance
and the City may collect the same from the Contractor or deduct the amount paid from
any sums due the Contractor under this agreement.
rev. 4/24/00
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27. RESPONSIBLE PARTIES
The name of the persons who are authorized to give written notices or to receive
written notice on behalf of the City and on behalf of the Contractor in connection with
the foregoing are as follows:
For City: Title
Name
Address
Associate Engineer
Sherri Howard
1635 Faraday Avenue
Carlsbad, CA 92008
For Contractor: Title
Name
Address
Architect/License Number:
Architect/License Number:
28. BUSINESS LICENSE
Contractor shall obtain and maintain a City of Carlsbad Business License for the
duration of the contract.
29. ENTIRE AGREEMENT
This agreement, together with any other written document referred to or
contemplated herein, along with the purchase order for this contract and its provisions,
embody the entire agreement and understanding between the parties relating to the
subject matter hereof. In case of conflict, the terms of the agreement supersede the
purchase order. Neither this agreement nor any provision hereof may be amended,
rev. 4/24/00
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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.
Executed by Contractor this day of 920 -
CONTRACTOR:
4 f&i e U.w*e*~-c~ e of Gntractor)
By:lr \ in, (sign here=
n b A -- I fs\ s Ye!!-l - ~-~* h nt hme/title) 1 r
CITY OF CARLSBAD, a municipal corporation of the State of California
j-777 2Qy-22
lXRFWlNE M. WOOD City Clerk
(Proper notarial acknowledgment of execution by Contractor must be attached.
Chairman, president or vice-president and secretary, assistant secretary, CFO or
assistant treasurer must sign for corporations. Otherwise, the corporation must attach a
resolution certified by the secretary or assistant secretary under corporate seal
empowering the officer(s) signing to bind the corporation.)
APPROVED AS TO FORM:
RONALD 4 BALL, City Attorney
rev. 4/24/00
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ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of C&i-lWQrA
County of
0 &@%&!%,
Date’
c ?&&I-U&%, b36w4 f%&iJc
Name and Title of Dfficer (e.g.. ‘Jane Doe, Notary Public”)
personally appeared I
Name(s) of Signer(s)
personally known to me
proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
my hand and official seal.
OPTIONAL
Though the information below is not required by law, it may prove valuable to pet-sons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document I
+&zEM.lr --2,&e- wm rrnG(hINr. l3le or Type of Document:
Document Date: w 125; ZOOQ Number of Pages: 3 z
Signer(s) Other Than Named Above: -
Capacity(ies) Claimed Kay Signer(s)
Cl Individual
@$ Corporate Officer
Title(s~$?&ZM?@7- GhmiiwQ
0 Partner - 0 Limited C!l General
Cl Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
Signer’s Name:
0 Individual
0 Corporate Officer
Title(s):
0 Partner - 0 Limited 0 General
[7 Attorney-in-Fact
0 Trustee
q Guardian or Conservator
0 Other:
Signer Is Representing:
Top of thumb here
6 1996 National Notaty Assochation * 6236 Remmet Ave., P.O. Box 7164 - Canoga Park, CA 91309-7164 Pmd. No. 5907 Reorder: Call Toll-Free i-600-876-6627
EXHIBIT “A”
SCOPE OF WORK
For the purposes of this agreement, the following shall be defined:
ACOE - US Army Corps of Engineers
CCC - California Coastal Commission
CDFG - California Department of Fish and Game
City - The City of Carlsbad
Engineer - The Public Works Director/City Engineer of the City of Carlsbad or his/her
approved representative. The Public Works Director/City Engineer is the third level of
appeal for informal dispute resolution.
Deputy City Engineer - The Project Engineer/Project Manager’s immediate supervisor
and second level of appeal for informal dispute resolution.
Project Engineer/Project Manager/Project Inspector - The Engineer’s designated
representative for inspection, contract administration, and first level for informal dispute
resolution.
Senior Civil Engineer - The Project Engineer/Project Manager/Project Inspector’s
immediate supervisor and first level of appeal for informal dispute resolution.
Supervisor/Project Contract Manager - The Contractor’s on-site Supervisor/Crew
Leader and designated contact with the Engineer. The Restoration Biologist may
assume the role of supervisor. The Contractor’s Supervisor/Crew leader is authorized to
represent the Contractor at all meetings and on the site and is also authorized to author
any reports provided by the Contractor.
USFWS - US Fish and Wildlife Service
The Contractor shall:
1. I rriaation Water Costs
Assume all costs and fees for temporary water meter and permit fees for each
site for the first two years of the long-term maintenance. Water costs will be paid
time and materials for Year 3 to completion of monitoring and maintenance.
The exception is the Faraday Avenue coastal sage scrub slopes and mitigation
planting areas. The City is paying for irrigation water (18B, C, & D).
-15-
rev. 4/24/00
2. Provide all labor and materials, except where otherwise indicated in this
agreement, and supervise the performance of the work.
3. Supervisor
Furnish a supervisor, who may be the restoration biologist depending on the
activity and make every effort to keep the supervisor on-site when crews are
working.
4. Perform all work necessary and incidental to the orderly performance of the
work.
5. Work Hours
Work hours shall be between 7:00 a.m. and 5:00 p.m., Monday through Friday,
except City-observed holidays. The Contractor shall obtain the written approval
of the Engineer if the Contractor desires to work outside hours or at any time
during weekends and/or holidays. A copy is provided in Exhibit “B”.
6. Restoration Bioloqist
Provide a restoration biologist for the monitoring of each site as required.
The qualifications of the restoration biologist shall be as follows:
A. A Bachelor’s degree in biology, ecology, botany, horticulture, or a landscape architecture license;
B. Knowledge of the vegetation associations proposed for the
restoration/planting effort including species identification composition,
overstory, understory, and species ecological positions;
C. A minimum of two years of practical horticultural experience or equivalent
study, including plant installation, fertilization, weeding, pruning, irrigation,
and pest control;
D. Training and/or local experience in growing the native plant species used
in the project, whether in a nursery or in the field.
The restoration biologist is responsible for ensuring that the Contractor
understands the maintenance provisions of the mitigation plan.
Substituting the restoration biologist from the designated person in the proposal
requires a written request to the Engineer and written acknowledgement by the
Engineer of the substitution.
rev. 4/24/00
-16 -
7. Schedulina and Inspection
A. Scheduling. Contractor shall prepare a bar chart schedule showing each
site and the milestones tasks. The bar chart shall be updated monthly and
submitted with the request for payment. No payment for the month will be
made until the updated schedule and related monitoring reports are
received. Preparation, revision and maintenance of the Schedule are
incidental to the work and no separate payment will be made.
B. Communication. The Contractor shall communicate with the Engineer at
a minimum of once a month in addition to providing the bar chart and
monthly progress. Contents of the report following in Item 17: Progress
Report.
C. Inspection. A general inspection of each site with the Engineer or his
designated representative shall be made during the first week of each
month. Inspections shall be scheduled as follows:
Coastal Sane Scrub Habitat Year 1 - monthly Year 2 - every two months Year 3 - every three months
Wetland/Riparian Habitat Year 1 & 2 - monthly Year 3 - every two months Year 4 & 5 - every three months
8. Emerqencv Call Out Procedures
Emergency Call Out Procedures. Within fifteen (15) working days after the date
of this agreement, Contractor shall submit to the Engineer or his designated representative for approval, a procedure for emergency response on nights,
weekends and holidays.
9. AcceDtance of Landscaping
Acceptance of Landscaping. Contractor acknowledges having examined the
habitat restoration/enhancement sites to be maintained pursuant to this
agreement and accepts them “as is”. The Contractor without prior approval of the
Engineer shall make no changes in the accepted conditions of the facilities.
rev. 4/24/00
-17 -
IO. Walk-Throuahs
Pre-final Plant Establishment Walk-Through and Final Plant Establishment
Walk-Through.
A. Pre-Final Plant Establishment Walk-Through. Two weeks before the end
of the 120-day plant establishment period, the restoration biologist will
walk the site with the installation landscape architect and the landscape
contractor during the preparation of the list of dead container plants for
replacement, reseeding needs, and unfinished maintenance items to be
completed by the installation landscape Contractor.
B. Final Plant Establishment Walkthrough. The restoration biologist and the
City landscape architect and landscape contractor will walk the site again
at the end of the 120-day plant establishment period. Both parties will
certify as complete after all punchlist from the pre-final Plant
Establishment Walk-Through and any new items found during the final
walk-through are completed.
11. Certification Requirements
Contractor Certification Requirements. The Contractor must have the following
licensed staff working on the job:
A. Certified Landscape Technician - at all times.
B. State of California Pesticide Qualified Applicator Certificate for crew leader
during the application of pesticide.
C. State of California Pesticide Qualified Applicator License for supervisor
during the application of pesticide.
D. State of California Pest Control Advisor License on staff.
E. State of California Licensed Landscape Architect for restoration biologist
preferable.
Copies of the certificates are to be provided to the Engineer prior to work
starting.
rev. 4/24/00
-18 -
12. Reaularlv scheduled work.
A. Irrigation. All plants shall be provided with sufficient irrigation water to
maintain a healthy appearance and condition and as appropriate for habitat type. Irrigation system will be provided by City. Contractor shall
control clock programming and hand watering schedule in a manner that
will not cause unnecessary water run-off or ponding. Schedules will be
prudently adjusted so as to not waste water. Irrigation will not normally be
performed during daylight hours on areas where the systems are
automatically controlled unless appropriate for habitat type. Any
exceptions shall be approved by the Engineer or his designated
representative, prior to watering. During rainy periods, it shall be the
Contractor’s responsibility to secure irrigation systems.
B. Irrigation Systems Maintenance. Contractor shall trim around, clean and
adjust all sprinkler heads as necessary to ensure proper performance.
Contractor is also responsible for maintenance of automatic sprinkler
systems, including a monthly test activation of the system. For the
Cannon Road West and Olivenhain Road sites where the restoration
biologist is being provided by Ogden and not the Contractor, the
Contractor will provide the restoration biologist with the irrigation system
cycle start times and the length of each cycle for all valves in the mitigation area. These times will be changed based on seasonal weather
conditions and plant needs as recommended by the restoration biologist.
When changes are made, the landscape maintenance Contractor will
provide the restoration biologist with written confirmation of the date and
time the changes were made.
C. Irrigation System Repair. Contractor is responsible for making repairs to
the irrigation system as follows: (Items 1 through 4 of this section do not
apply to time and material sites)
1. All minor repair labor.
2. Up to $50.00 per month per site of repair parts, with parts valued at
Contractor’s actual cost.
3. Major repairs if Contractor submits an estimate to City within five
(5) working days and City agrees to the cost of repair. The City
reserves the right to make major repairs in any manner it chooses if
City does not accept the cost estimate, or Contractor does not
submit an estimate, or Contractor does not submit an estimate
within five (5) working days.
4. All repairs to the system shall be made according to the original
detail.
-19 -
rev. 4/24/00
D. Ground Covers. All ground cover areas shall be kept free from debris and
weeds at all times. These areas shall be cultivated and weeded at not
more than ten (‘lo) working day intervals during the first year of plant
establishment. Intervals may be lengthened as understory takes over.
E. Fertilizing. Fertilizer shall be kept to a minimum and used with written
request by the monitoring biologist to the Engineer and authorized in
writing by the Engineer.
F. Weed, Pest, and Disease Control. All sites shall be kept clear and free of
all weeds, pests, and diseases at all times. Methods and materials used to
accomplish this objective are subject to approval by the Engineer or his
designated representative but are supplied by Contractor.
The restoration biologist and Contractor will monitor pest species
populations. An Integrated Pest Management (IPM) approach will be
taken towards pest control, with control measures and prevention playing
major roles in suppressing or reducing pest species populations. Active
pest control measures will be implemented if a pest species poses a
competitive threat to native species establishment.
Weed Control - Weed control requires constant diligence by the
Contractor. The first two years of project establishment is the crucial
period for weed control. A 48-inch-wide plant-free band will be maintained
around all container plants and cuttings for the first two years after
planting. Throughout the rest of the project, the restoration biologist will
specify which weed species are to be controlled. Because of the critical nature of weed control at the beginning of the project, the Contractor may
be held liable for reseeding if weeds are not controlled in a timely basis,
preventing the establishment of the intended species. Weed control
procedures will take place every ten (10) working days for the first year
and shall be carried out using only hand pulling. The restoration biologist
may increase the interval. More frequent control measures will be
performed as necessary or as recommended by the restoration biologist
to keep weeds at manageable levels. Weed control will continue until the
native plant material has gained dominance over weed propagation as
determined by the restoration biologist. The Contractor should consult a
licensed pest control advisor if specific pest control recommendations are
necessary.
rev. 4/24/00 -20 -
The Contractor will give special attention to the control of invasive exotic
weed species in the wetland mitigation area. These species include, but
are not limited to, giant cane (Arundo donax), tamarisk (Tamarix sp.),
pampas grass (Cortaderia sp.), castor bean (Ricinus communis), tree
tobacco (Nicotiana glauca), cocklebur (Xanthium strumarium), black
mustard (Brassica nigra), fennel (Foeniculum vulgare), and gum tree
(Eucalyptus sp.). The restoration biologist may recommend other species
to be controlled.
The Contractor will give special attention to the control of invasive exotic
weed species in the coastal sage scrub mitigation and slope planting
area. These species include, but are not limited to, mustard weed and
sweet clover.
Insect and Disease Management - Insect plant pests, vertebrate pests,
and plant diseases will be monitored. Plants that are severely diseased
will be removed if directed by the restoration biologist. Species
substitutions may be required for plants infected with soil borne pathogens, as the replacement plant is likely to become infected as well.
Keeping the plants in the mitigation area healthy during the establishment
period will be the primary method of avoiding most serious insect and
disease problems.
G. Reseeding. Any site shall be re-seeded as required by the restoration
biologist with consultation to the Engineer or his designated
representative, at Contractor’s expense, if the Engineer determines that it
is necessary due to negligence by Contractor. When re-seeding, materials
and horticultural practices used are subject to inspection and approval by
Engineer or his designated representative. Reseeding shall be
accomplished per the specifications attached as Exhibit “c”.
H. Tree and Shrub Replacement. Contractor shall replace, at his expense
any trees shrubs, or ground cover which die as a result of Contractor’s not
fulfilling all requirements included in this scope of services. City shall
replace any trees, shrubs, turf, or ground cover which die for reasons
other than Contractor’s negligence. Size of trees and shrubs shall be
determined by Engineer or his designated representative; ground covers
shall be from flats. The landscape Contractor will be responsible for
planting all replacement container plants and seed at the specified
replacement dates defined by the restoration biologist. The restoration
biologist may recommend species substitutions or spot replacement
plants in different locations from the dead plant. The restoration biologist
will verify and document dead plant replacement and seeding. Planting
shall be per the specifications attached as Exhibit “C”.
rev. 4/24/00
-21 -
Dead and diseased plants will be flagged in the field by the restoration biologist and a list will be provided to the Contractor for replacement. Dead and diseased plants will be replaced annually during the fall months until the completion of the five-year maintenance program. Replacement plants will be installed and mulched. If plants fail to meet performance
milestones at the end of any given year, replacement plants may be one
of the remedial measures recommended by the restoration biologist. All
plants will be replaced in-kind unless otherwise specified by the restoration biologist.
I. Traffic Controls. Contractor shall provide and display all safety devices and traffic controls in accordance with City of Carlsbad standards at all times when working in the public right-of-way. All Contractor’s employees shall be attired in approved safety gear at all times and traffic control shall be as outlined by the Engineer. Failure to do so will result in an immediate shutdown of activity by the City. Any work not accomplished as a result of this shutdown shall be performed at another time with proper safety devices at no additional expense to the City. It is not anticipated that any of the tree sites will require traffic control at this time.
J. Safety. All equipment and machinery utilized by the Contractor while
performing work for the City shall be equipped and operated in such a manner so as to conform to all applicable laws and regulations, including, but not limited to Cal-OSHA, concerning safety and operations.
13. Erosion Control
No erosion is expected within the mitigation site. If erosion occurs in any of the
mitigation sites, the restoration biologist will assess the damage and recommended remedial measures. Erosion of the adjacent slopes will also be monitored by the restoration biologist. The restoration biologist may recommend silt fencing to prevent sediment from being washed into the mitigation area. This item will be paid for on a time and materials basis based on actual materials costs and hourly rates designated in the agreement.
14. Trash Removal
The Contractor will remove all trash from the mitigation site at least monthly throughout the 3-year and 5-year maintenance periods, as appropriate with the exception of Sites B, C and E. Trash removal shall occur at sites B, C, and E as needed and not-to-exceed seven (7) times per year. Care will be taken that trash removal activities minimize or avoid impacts to plants in the mitigation area. All dead limbs and tree fall will be left in the mitigation sites. Weed debris will be removed from the mitigation sites and disposed of legally offsite.
rev. 4/24/00
-22 -
15. Access Control
No service vehicles will be allowed in the mitigation area at any time. Maintenance access to the mitigation sites will be limited to the minimum necessary for weed and trash removal. All vehicles will be parked outside the mitigation sites at all times. No power tool fluids will be changed or added while they are in the mitigation area. The Contractor will provide own lock for gated sites.
16. Miscellaneous Items
A.
B.
C.
D.
E.
All debris generated by the Contractor’s activities shall be removed and properly disposed of by the Contractor at his expense.
Dust or nuisance conditions occasioned by Contractor’s work shall be alleviated immediately.
Each of Contractor’s working crews shall have a responsible leadperson who may represent Contractor to discuss work results with the Engineer or his designated representative.
All of Contractor’s personnel performing the work of this contract shall maintain appearance and uniforms in a manner acceptable to City standards.
Large trash items shall be picked up by Contractor prior to moving.
17. Lone-Term Bioloaical Monitorinq/Report
The wetland mitigation area will be monitored through a combination of horticultural and botanical means as required by the permits issued by the Regulatory Agencies. Horticultural monitoring provides proactive direction and oversight of the landscape maintenance program, while botanical monitoring measures protect habitat development.
Prowess Reports
Monthly progress reports are required prior to the payment for each project every month. The progress reports are to be a brief one page summary of the month’s activities. Each site will have its own report. These reports shall contain the following information:
l Date and number of report
l Project name and number
0 Brief summary of the last months activities
l Plant growth and survival
rev. 4/24/00
-23 -
0 Weeding
0 Irrigation
a Any other activities that occur that affect the site including, but not limited
to: visitors, vandalism, mitigation for vandalism, phone conversations,
meetings
0 Take photographs once annually at the end of the growing season along
all ten vegetation monitoring transects.
l Perform the botanical field data analysis specified in the Conceptual
Mitigation Plan and Biological Opinion to access project success
standards.
Annual Reports
Annual reports are required to contain information as required by the
regulatory/resource agency protocols. The following information is required in the
annual reports:
0 Date and report number
0 Project name and number
0 Introduction
Executive summary Project history
Project location
Goals Responsible parties
0 Monitoring
Performance criteria
Methods
Horticultural monitoring results
Botanical monitoring results
Weed eradication
Watering
Pest management
Dead plant replacement
Fertilization
Erosion control
Trash/vandalism
rev. 4/24/00
-24 -
0 Analysis of results
0 Recommendations, if any
0 References
0 Figures s Location map
Pictures
Comparison of plant height and density by year
Transect data sheets (see Exhibit D)
Transect locations
Planting plan
Monthly progress reports (one page) are required as follows:
Wetlandkiparian habitat
Year 1,2 monthly
Year 3 every two months
Year 4 & 5 every three months
Coastal sage scrub:
Year 1 monthly
Year 2 every two months
Year 3 every three months
Horticultural Monitorinq - All Habitats
Perform horticultural monitoring visits to monitor site maintenance and issue
Contractor maintenance memos as needed:
0 Monthly in Year 1 for coastal sage scrub, monthly in Years 1 & 2 for
wetland
0 Every two months for Year 2 for coastal sage scrub and Year 3 for
wetland
0 Every three months for Year 3 for coastal sage scrub and Years 4 and 5
for wetland
rev. 4/24/00
-25 -
Dead container plants will be counted during the first two years of the
program in late summer and a list of replacement plants prepared for the
Contractor. Replacement plantings will then be checked in the field once
completed by the Contractor. Replacement plantings are not expected to
be needed after Year 2 of the program.
Groundcover success standards will be visually assessed by the monitor
in the field.
Botanical Field Monitorinq - Wetland
Perform the botanical field monitoring program required by the Biological Opinion
for the project twice each year, including:
0 Count trees/shrubs over l-meter in height in ten 20-foot-2ide transects
located evenly across mitigation areas along their northwest-southeast axis to measure species density and composition.
a Measure all container tree heights in 20-foot transect band to assess
vertical height development.
a Measure canopy cover of all tree and shrub species over 18 inches in
height along a line intercept located at the center of the belt transects
used for counting tree species to measure canopy cover development.
Botanical Field Monitorina - Coastal Sane Scrub
Perform botanical field monitoring program once a year at the end of the growing
season, including:
0 North-south oriented 24 meter long line transects spaced evenly across
site contours. The Faraday Avenue coastal sage scrub site (18B) will
require three transects. Three transects will be placed in adjacent existing
coastal sage cover to develop a data baseline to measure project
success. Each end of the transect will be marked with a 6-foot metal
T-post and then the compass direction (based on magnetic north)
recorded for future reference. Along each of these line transects, two data
collection activities will be performed. These two methodologies are
detailed below. In addition, slide photos will be taken annually from the
transect post along each restoration transect facing in the direction of the
compass bearing to document vegetation development. Similar photos will
be taken along the existing coastal sage scrub transects in the year in
which they are monitored.
rev. 4/24/00 -26 -
0 A species list will be prepared for a 2-meter wide band centered on the
transect. Any additional species noted outside the monitoring band would
also be included in the site list.
0 Thirteen one-meter square quadrats will be laid out along the transects at
intervals of two meters starting at zero meters and continuing to the end of
the transect. One side of each quadrat will always be placed on the
eastern side of the transect. Within each of these quadrats, cover classes
will be estimated visually for each of the 6 vegetation coverage categories
shown in Table 2 of the mitigation plan. In addition, a seventh category will be added for non-native species cover. The total absolute cover will
always total 100 percent. Relative data cover will also be calculated for
each vegetation category. Most species are of similar heights and project
success would be assured if vegetation cover categories reach 100
percent.
In order to provide a basis for comparison with adjacent coastal sage
cover which this project is intended to mimic, similar monitoring data would also be collected only during the spring of the first year after
planting for three additional transects in the existing coastal sage scrub
adjacent to the mitigation site. Summary data from these transects will be
used to establish baseline cover values which will then be compared
against those for the mitigation site to determine how well it is meeting its
intended habitat replacement goal.
Should an alternative monitoring methodology be desired by the
permitting resource agencies, then Native Landscape would modify fee for
this monitoring accordingly.
Two (2) draft sets of the annual report shall be provided to the City for review
within ten (10) working days of the anniversary of the plant acceptance for review
and comment. The City shall have ten (10) working days to review and comment
on the draft annual report prior to providing to the Contractor. The final copies
shall be provided to the City five (5) working days after receipt of the “redlined”
draft document. Six (6) bound originals of each report shall be provided to the
City for distribution to: ACOE, USFWS, CDFG, CCC, Planning Department,
project file. One unbound original shall be provided for photocopying. The
reports shall have color Xerox of pictures and charts. Agency protocols require a
6-month report for coastal sage scrub.
Orchestrate one resource agency visit to the site in Year 1, Year 2, and at final
project signoff. All other resource agency meetings will be treated as contingency
fund expenditures under this scope of work and paid for based on time and
materials.
rev. 4/24/00
-27 -
18. Specific Proiects
A.
B.
C.
D.
E.
Cannon Road West Wetland Restoration Proiect (Maintenance)
Provide long-term maintenance under the direction of Ogden for a 2.58
acre wetland restoration site and as required by resource agency permits.
Faradav Avenue Extension Coastal Sane Scrub Mitiqation Site
/Maintenance and Monitorina
Provide long-term monitoring and maintenance for a 1.25 acre coastal
sage scrub revegetation site as required by resource agency protocols.
Faradav Avenue Extension Coastal Saqe Scrub Slope Hvdroseedinq
(Maintenance)
Provide long-term maintenance and limited monitoring for a 5.5 acre
coastal sage scrub hydroseeded slopes. The monitoring is limited to
bi-monthly progress reports.
Olivenhain Road Wideninn. Wetland Mitiaation Area (Maintenance)
Provide long-term maintenance under the direction of Ogden
Environmental for 0.5 acre wetland and 1.1 acres of riparian scrub
transitional habitat as required by the Resource Agencies. The City will
pay all irrigation water costs associated with this project.
Cannon Road Coastal Sage Scrub Slope Hydroseedinq (Maintenance)
Provide long-term maintenance and limited monitoring for approximately
two (2) acres coastal sage scrub hydroseeded slopes. Monitoring is
limited to reporting results of site visits and will be paid time and materials.
19. Meetinqs
A. Kick-Off Meetinq
At the beginning of each project under this scope of work, a kick-off
meeting will be held. Attendees include Supervisor/Crew Leader, and
Restoration Biologist (except for projects monitored by Ogden) and the
City Project Manager. Attendees will review the requirements of the mitigation program and establish working field protocols and a schedule
for project maintenance.
rev. 4/24/00
-28 -
B. Monthlv Phone Conferences
Monthly phone conferences between Project Coordinator and the City’s
Project Manager to review the progress of all programs under this scope
of work.
C. Prescheduled Site Meetinqs
Once every four months, in lieu of the phone conference, a formal
meeting will be held with the City’s Project Manager at their office on-site.
Trimester meetings will be held in February, June, and November each
year to best support annual botanical monitoring and report production.
Sufficient time would be allotted for these meetings to allow for individual
site visits. Meetings will be attended by Contractor’s Project Contract
Manager and Coordinator. Meetings will be indicated on project schedule.
D. Site Visit Bv Contractor
Contractor shall notify the City’s Project Manager by e-mail at least
72 hours in advance of all maintenance and monitoring visits.
E. Resource Aqencv MeetinWCoordination
This contract shall include one annual resource agency meeting for each
project under this contract to be attended by restoration biologist/project coordinator. Contractor shall set meeting. This meeting will include site
visit from Item 17. Additional resource agency coordination efforts will be
paid on a time-and-materials basis out of a project contingency.
20. Continaencv
Each discrete project will have a contingency.
rev. 4/24/00
-29 -
EXHIBIT “B”
HOLIDAY SCHEDULE
JANUARY 2000 THROUGH DECEMBER 2000
New Year’s Day
Lincoln’s Birthday
Washington’s Birthday
Memorial Day
Independence Day
Labor Day
Columbus Day
Veterans Day
Thanksgiving
Christmas
Friday, December 31,1999)
Monday, February 14
Monday, February 21
Monday, May 29
Tuesday, July 4
Monday, September 4
Monday, October 9
Friday, November IO
Thursday, November 23, & Friday, November 24
Monday, December 25
HOLIDAY SCHEDULE
JANUARY 2001 THROUGH DECEMBER 2001
New Year’s Day Monday, January 1 Martin Luther King’s Birthday Monday, January 15
President’s Day Monday, February 19
Memorial Day Monday, May 28
Independence Day Wednesday, July 4
Labor Day Monday, September 3
Columbus Day Monday, October 8 Veterans Day Monday, November 12
Thanksgiving Thursday, November 22 & Friday, November 23
Christmas Tuesday, December 25
rev. 4/24/00
-30 -
EXHIBIT “C”
Schedule of Fees
Irrigation Technician $85 Per Hour
Laborers $28 Per Hour
Foreman $37 Per Hour
Truck $57 Per Day
Debris Removal $125 Per Load
Materials Invoice plus 15%
rev. 4/24/00
-31 -
Exhibit “D”
Sample Data Sheet
CANNON ROAD EXTENSION PROJECT MITIGATION PLAN - DATE
rev. 4/24/00
-32 -
EXHIBIT “E”
2001 Year 1
1) Cannon Road Bridge Wetland Mitigation Project (Ogden Monitor)
120-Day Maint. (De& - Mar. complet%d by othek) -
Year 2001 Maintenance & Reporting (9 months) $6,785
Task Subtotal $6,785
2) Faraday Road CSS Slopes
Year 2001 Maintenance Allowance (to be paid T&M) $10,000
Reporting $1,985
Task Subtotal $11,985
3) Faraday Road CSS Mitigation Project
Installation Completion Monitoring (7 visits/year-2 man crew for 2 days/site visit
Year 2001 Maintenance ($80 per month for 12 months) $8,918
Year 2001 Monitoring C/r. 1) $8,970
Task Subtotal $17,888
4) Olivenhain Road Widening Wetland Mitigation Project (Ogden Monitor)
Year 2001 Maintenance & Reporting (last year) $6,575
Task Subtotal $6,575
5) Cannon Road Coastal Sage Scrub Maintenance Allowance $5,000
(to be paid time and materials) I 1 Task Subtotal 1 $5,000
2002 Year 2
1) Cannon Road Bridge Wetland Mitigation Project (Ogden Monitor)
Year 2002 Maintenance & Reporting
Task Subtotal
$6,650
$6,650
2) Faraday Road CSS Slopes
Year 2002 Maintenance $10,000
Reporting $1,260
Task Subtotal $11,260
3) Faraday Road CSS Mitigation Project
Year 2002 Maintenance $8,918
Year 2002 Monitoring $6,765
Task Subtotal $15,663
5) Cannon Road Coastal Sage Scrub Maintenance Allowance $5,000
(to be paid time and materials)
1 TaskSubtotal 1 $5,000
rev. 4/24/00
-33 -
EXHIBIT “E”
(continued)
2003 Year 3
1) Cannon Road Bridge Wetland Mitigation Project (Ogden Monitor)
Year 2003 Maintenance & Reporting
Task Subtotal
$6,488
$6,488
2) Faraday Road CSS Slopes
Year 2003 Maintenance $10,000
Reporting $1,000
Task Subtotal $11,000
3) Faraday Road CSS Mitigation Project
Year 2003 Maintenance $5,100
Year 2003 Monitoring $8,325
Task Subtotal $13,425
5) Cannon Road Coastal Sane Scrub Maintenance Allowance $5,000
(to be paid time and materials)
1 Task Subtotal 1 $5.000 .
Project Contingency (to be paid time-and-materials per attached schedule of values Project Contingency (to be paid time-and-materials per attached schedulef values
or invoice +I 5% markup) or invoice +I 5% markup)
1) 1) Cannon Road Bridge Wetland Mitigatign Project Cannon Road Bridge Wetland Mitigatign Project t- - 2) 2) Faraday Road CSS Slopes Faraday Road CSS Slopes
3) 3) Faraday Road CSS Mitigation Project Faraday Road CSS Mitigation Project
4) 4) Olivenhain Road Widening Wetland Mitigation Project Olivenhain Road Widening Wetland Mitigation Project
5) 5) Cannon Road Coastal Sage Scrub Maintenance Cannon Road Coastal Sage Scrub Maintenance
TOTAL PROJECT BUDGET TOTAL PROJECT BUDGET
-
-
t-- -
rev. 4/24/00
-34 -
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GoscRJPnolroF CA~LEWSFEUALITEMS Re: Lands=- Faraday Avenue Extension Coastal Sage Scrub Wtigation Site Planting
Zontract X3593-3 ( See attached CC2010 )
UNMTIOG OA7E THEIEOF. THE ~SSIJ~HG COMPAMV WILL -RAIL
City of Carlsbad
Purchasing Department
2075 LasPalmas Drive Carlsbad, CA 92009-1576
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i po~tcy NUMBER: 1700000012-001 COMMERCIAL GENERAL LIABILITY
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TkiIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorstmwtt modifies insurance provided under the following:
COWtERCtAl GENERAL LtABlLt’TY COVERAGE PART.
Eff. Data Q7/21~
Natbe Landscape, lnc
Name of Parson or ChgankrHon:
SCHEDULE .
‘
city of Corkbad
Purchasing Dept 2075 Las Wmas Drive
Cal&ad, CA gZ3W-1576
ReI c0nt1act #3593-s
((JfJfBz;pwrs abova. information raquirad to compbte thii andonament witl be shown in the Declarations as appltceble to thh
WHO I6 AN tNSURE0 (Section II) is amended ta include as an insured the person or organization shovmi in the Schedule, but only with respect to liability arising out of ‘your WOW far that insured. by or for you.
Native Landscape 9746 Tbnmek la16 l5tmmdb, Ca !l202!l PtL (760) 735-8700 Fx. (760) 735-8725
CERTNFICATE OF SECRETARY
I, Ardis b-j’, the tiy appoirrted and acting Seactary of Native Ldsapc, Inc., ccati~ that:
Ardisp#ryis~duly~~andacting~~~Seetttrvyatadchief
Fidd OfEccr ofNative tandsospe, Inc., having being so appointed by a
itslastaMtlaI~
TOTfX P.02
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Sep 18 00 02:16p Debbie Fromme 7Fq7358725 P-2