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HomeMy WebLinkAbout2004-08-10; City Council; 17751; Agreement with Natures Image: BV CreekPage 2 of Agenda Bill No, 17,751 The agreement is for a five-year period with the ability to renew for one additional five-year period based on Contractor performance. The Program Environmental Impact Report did not evaluate dredging. Surveys of the channel bottom in 2000 and 2004 indicate that there has not been appreciable silt build up since the dredging in 1997. The City will continue to monitor the channel bottom. Should this monitoring indicate a silt build-up in the channel, additional environmental review will be required to remove the silt. The project permit from the California Department of Fish and Game will need to be amended. Permits from the US Army Corps of Engineers and the Regional Water Control Board will be necessary. Assessments are evaluated annually. Funds have been deposited in the District’s fund balance to adequately cover the cost of major maintenance efforts. On July 6, 2004, City Council adopted the annual benefit assessments for the channel. FISCAL IMPACT: The estimated cost for the first year of environmental services to remove vegetation, monitor and the start-up costs for the project totals $138,335.00. The Agreement is for five years with each subsequent year not exceeding $1 00,000.00. up costs Year 2 Veaetation Removal and Monitorina I $93.91 1.67 The District currently has $873,000 available and $188,000 budgeted for Fiscal Year 2004-05. The District collects $1 00,000 each year from assessments placed on the property owners in the District. ENVIRONMENTAL REVIEW: The project has a certified PElR 02-03 and a Streambed Alteration Agreement from the California Department of Fish and Game. EXHIBITS: 1. Location Map. 2. Resolution No. 2004-269 approving and authorizing execution of a professional services agreement with Nature’s Image, Inc. for Buena Vista Creek Channel Environmental Services. 3. Agreement between the City of Carlsbad and Nature’s Image, Inc. for Buena Vista Creek Channel Environmental Services. DEPARTMENT CONTACT: William Plummer, (760) 602-2756, showa@ci.carlsbad.ca.us LO CAT IO N MAP CONCRETE LINED CHANNEL \ LEGEND: Nor ro SCALE PERIODIC CLEANING OF OVERGROWTH AND SILT WITHIN AREA AS SHOWN ClTY Of OCEANSIDE AREA OF CHANNEL NOT CLEANED SI PROJECT NAME BUENA VISTA CHANNEL MAINTENANCE DISTRICT I EXYB'T I 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 RESOLUTION NO. 2004-269 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AND AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH NATURE’S IMAGE, INC. FOR BUENA VISTA CREEK CHANNEL ENVIRONMENTAL SERVICES. WHEREAS the City Council of the City of Carlsbad, California, did form the Buena Vista Sreek Channel Maintenance District on August 8, 1989 pursuant to the petition of the property Dwners and pursuant to the terms and provisions of the Benefit Assessment Act of 1982, being Shapter 6.4, Division 2, Title 5 of the Government Code of the State of California, commencing Nith Section 54703, said area of benefit being known and designated as Benefit Area No. I :hereinafter referred to as the “Benefit Area”); and WHEREAS, the City Council has determined it necessary, desirable, and in the public nterest to perform environmental services to maintain channel flow; and WHEREAS, permits to perform the work have been acquired; and WHEREAS, the Department of Public Works solicited, received, and reviewed Proposals ’or environmental services consistent with Carlsbad Municipal Code Section 3.28.070; and WHEREAS, subsequent to a review of the Statements of Qualifications, staff -ecommends Nature’s Image, Inc. as the most qualified consultant for the project; and WHEREAS, assessments have been levied over the last few years and sufficient funds are available to perform the work to allow the channel to function as a flood control channel. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, Salifornia, as follows: I. 2. That the above recitations are true and correct. That the agreement with Natures Image Inc. for environmental services for Buena dista Creek Channel is hereby approved. Ill Ill Ill Ill Y 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 3. That adequate funds are available in the Buena Vista Creek Channel Maintenance District for performing environmental activities. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the loth day of Auqust , 2004 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard NOES: None ATTEST A (SEAL) 5 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be one hundred thirty eight thousand two hundred twelve dollars ($138,212.00). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to 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 Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. City Attorney Approved Version #04.01.02 2 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City 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 in whole or in part 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. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. IO. INSURANCE Contractor will obtain and maintain for the duration of the Agreement 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 services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will 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-:VI'. IO. 1 Coveraqes and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1 .I Commercial General Liabilitv Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liabilitv (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. City Attorney Approved Version #04.01.02 3 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on General Liability. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. Providing Certificates of Insurance and Endorsements. Prior to City's execution 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements . 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. City Attorney Approved Version #04.01.02 4 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor‘s records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City: For Contractor: Name Sherri Howard Name Lori Robinson Title Associate Engineer Title Executive Assistant Dept Public Works-Engineering Nature’s Image, Inc. City of Carlsbad Address 1635 Faraday Avenue Address 20381 Lake Forest Dr., Suite B-19 Phone No. (760) 602-2756 Phone No. (949) 454-1 225 Carlsbad, CA 92008 Lake Forest, CA 92630 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST City will evaluate Contractor’s duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City’s Conflict of Interest Code is required of Contractor or any of Contractor’s employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor’s affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. City Attorney Approved Version #04.01.02 5 Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor's agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (IO) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. City Attorney Approved Version #04.01.02 6 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for 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, City will 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 the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et sea., the False Claims Act applies to this Agreement and, 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 or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement . City Attorney Approved Version #04.01.02 7 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county . 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. City Attorney Approved Version #04.01.02 8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT fir@@!-=+=== I State of California County of 1 ss. On 7/13/04 , before me, Lori Robinson, Notary Public personally appeared Date Name and Title of Officer (e.g , "Jane Doe, Notary Public") Michelle Caruana & John Caruana Narne(s) of Signer(s) I$ personally known to me 0 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 Place Notary Seal Above Though the information below is not required and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: rrrn t ,-- ,. t a-ct Document Date: Date Blank Number of Pages: 9 Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer Signer's Name: Michelle Caruana & John Caruana 0 Individual E Corporate Officer -Title(s): President & Vice President 0 Partner - Limited General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Natures Image, Inc. Q 1999 National Notary Asocialion * 9350 De Solo Ave., P.0 Box 2402 * Chatsworth. CA 91313-2402 * w nationalnotary.org Prod No. 5907 Reorder: Call Toll-Free 1-800-876-6827 EXHl BIT "A" SCOPE OF WORK BUENA VISTA CREEK CHANNEL WORK PLAN June 2004 Prepared for: City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Contact: Sherri Howard (760) 602-2756 Prepared by: Nature's Image, Inc. 20381 Lake Forest Drive, Suite B19 Lake Forest, CA 92630 Contact: Grady Banister (949) 454-1 225 City Attorney Approved Version #04.01.02 10 BUENA VISTA CREEK CHANNEL WORK PLAN TABLE OF CONTENTS 1 .o 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0 11.0 12.0 WORK DE FI N IT10 NS INTRODUCTION PROJECT DESCRIPTION LEGAL REQUIREMENTS OF THE WEED CONTROL PROGRAM SENSITIVE SPECIES ISSUES WEED CONTROL PROGRAM CHANNEL VEGETATION CLEARING PLANTING AND SEEDING LISTS REPORTING REQUIREMENTS PAYMENT PERMITS NOTlFlClATlON OF PROPERTY OWNERS OF INTENT TO PERFORM 13.0 REQUIREMENTS 14.0 FEE City Attorney Approved Version #04.01.02 11 1 .O DEFINITIONS For the purposes of this agreement, the following shall be defined: ACOE - U.S. Army Corps of Engineers BMP's - Best Management Practices CCC - California Coastal Commission CDFG - California Department of Fish and Game City - City of Carlsbad Engineer - The Public Works Director/City Engineer of the City of Carlsbad or hidher approved representative. The Public Works Director/City Engineer is the third level of appeal for informal dispute resolution. Deputy City Engineer - The Senior Civil Engineer's immediate supervisor and third level of appeal for informal dispute resolution. MMRP - Mitigation and Monitoring Reporting Program prepared by Dudek and Associates, dated May 2003 Restoration Biologist - A Restoration Biologist will be hired by the Contractor with knowledge and understanding of the native and exotic plant species and natural plant communities present onsite. The Restoration Biologist will have training and experience in habitat restoration projects in coastal Southern California. The Restoration Biologist shall monitor the work of the Landscape Contractor and prepare any necessary reports to the City and resource agencies. The Restoration Biologist shall also determine whether any planting and/or seeding is necessary following the removal and/or control of invasive exotic weed species from the project site. The Restoration Biologist must hold a Pest Control Adviser's license if he or she makes specific pest control recommendations. PElR - Program Environmental Impact Report #02-03 certified by the Carlsbad City Council May 2003. Pest Control Adviser - The California Food and Agriculture Code defines Pest Control Adviser as "any person who offers a recommendation on any agricultural use, who holds himself or herself forth as an authority on any agricultural use, or who solicits services or sales for any agricultural use." Agricultural use is very broadly defined in the law to include almost all uses except for specified exceptions for home use, structural pest control, industrial or institutional use, and other specific limited circumstances. The definition of agricultural use includes roadsides, right-of-way, and waterways, which would include the Buena City Attorney Approved Version #04.01.02 12 Vista Creek channel. State law requires that Pest Control Advisers obtain an Agricultural Pest Control Adviser License and register in the county where they make recommendations. Project EngineedProject Manager/Project Inspector - The Engineer's designated representative for inspection, contract administration, and first level for informal dispute resolution. Recommendations - The California Food and Agriculture Code defines recommendation as "the giving of any instruction or advise on any agricultural use as to any particular application on any particular piece of property." Recommendations must be put in writing and signed, and must include specific required information listed in the regulations. SAA - Streambed Alteration Agreement #I 600-2004-0006-R5, issued by CDFG 2004. 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. 2.0 INTRODUCTION This exotic plant species work plan discusses the removal and control of exotic plant species from the wetlands and uplands within the Buena Vista Creek Channel. The project study area is located between the South Vista Way Bridge and the Coastal Zone boundary (east of the Jefferson Street bridge) in the cities of Carlsbad and Oceanside, as shown on the U.S. Geological Survey 7.5 minute map, San Luis Rey quadrangle, in Section 22, Township 11 South, Range 4 West. The eastern terminus of the project corridor, South Vista Way bridge, is located at latitude 33'1 0'47" and longitude 117"20'22" and the western terminus, about 950 feet upstream of the Jefferson Street bridge, is located at latitude 33'10'48'' N, and longitude 117'1 9'40" W (Thomas Guide map page 11 06, F-2 and G-2). The project is situated between State Route 78 to the north and the Plaza Camino Real shopping center to the south. The purpose of the project is to maintain channel floodwater capacity in the project area and protect property. In order to meet these requirements, one-fifth of the vegetation will be removed from the northern half of the channel in the fall City Attorney Approved Version #04.01.02 13 of each year on an ongoing basis. As a mitigation measure for the channel maintenance project, the PEIR Mitigation Monitoring and Reporting Program (MMRP) Agreement requires the monitoring and eradicating of exotic plant species within the 11.33-acre project area. It also requires the revegetation of exotic plant species removal areas with species appropriate to Buena Vista Creek. All stock introduced onsite shall be propagated from material collected in the vicinity. A combination of physical removal and herbicide treatment will be required to control exotic plant species in the project area. 3.0 PROJECT DESCRIPTION This Plan has been prepared in accordance to the Buena Vista Creek Channel Maintenance Project Program Environmental Impact Report (PEIR) (Dudek 2003a), the Biological Resource Report and Impact Assessment for the Buena Vista Creek Maintenance Project (Dudek 2003b) and Exotic Plant Species Control Plan for Buena Vista Creek Channel (Dudek 2003~). The project consists of initial exotics removal over the entire project site and maintenance of the exotics for a five year period. The second aspect of the project is to perform channel clearing within the project site. The channel clearing is broken down into 5 sections. One section is to be completed each fall beginning in 2004 until 5 sections are complete. Six (6) months prior to the completion of Year 5 (2008), the City and Contractor shall review past progress and determine if the contract will be amended and extended for an additional five (5) years. This amendment and extension shall require City Council approval. 4.0 LEGAL REQUIREMENTS OF THE WEED CONTROL PROGRAM All applicable laws, regulations, safety precautions, and label directions will be followed when performing pest control. Natures Image, Inc., is a licensed Pest Control Business (License No. 021 1800000), has a Pest Control Advisors License (PCA License No. AA07703) and Qualified Applicators Licenses (QAL 38151 and QL 35526) including licenses to apply pesticides under aquatics and right-of-way classifications. Copies of licenses and certificates shall be provided to the City prior to start of work and shall remain in the project file. Our PCA will supply herbicide recommendations for use as needed. The herbicides we plan to utilize are: 0 Aquamaster 0 Garlon 0 Ranger Pro 0 Scythe No herbicides will be applied to any open water areas. The above-described herbicides could change as new formulations become available that are City Attorney Approved Version #04.01.02 14 applicable to the species we are treating. Updates to herbicide formulations shall be presented to the City in written form and kept in the project file. To conform to the Migratory Bird Treaty Act, Dudek and Associates will perform nesting bird surveys prior to any exotics removal or control and follow-up herbicide treatments that may be required by Nature's Image between February 151'~ and September 1". 5.0 SENSITIVE SPECIES ISSUES No state or federally-listed endangered or threatened plant species were observed on-site or are expected to occur on-site. Legally registered herbicides will be used in the project area within the constraints of the PERI, MMRP and SAA #I 600-2004-0006-R5 provided the label directions are followed, and all safety, laws and regulations are abided by, since they pose no risk to these species. 6.0 WEED CONTROL PROGRAM Nature's Image, Inc., will not remove or control any of the ornamental landscape plants placed as a visual buffer along the southern boundary of the Buena Vista Creek channel. Exotic plant species observed growing in the Buena Vista Creek project area and to be removed are Acacia (Acacia species), Tree-of-heaven (Ailanthus altissima), Giant Reed (Arundo donax), Australian Saltbush (Afriplex semibaccata), Ice Plant (Carpobrotus edulis), Pampas Grass (Cortaderiajubata and C. selloana), Red Gum (Eucalyptus camaldulensis), Fennel (Foeniculum vulgare), Evergreen Ash (Fraxanus uhdei), myoporum (Myoporum laefum), Tree Tobacco (Nicofiana glauca), Fountain Grass (Pennisetum sefaceum), Canary Island Date Palm (Phoenix canariensis), Castor Bean (Ricinus communis), Brazilian Pepper (Schinus ferebinfhifolius), Salt Cedar (Tamarix ramosissima), Mexican Fan Palm (Washingfonia robusfa) and Creeping Waterprimrose (Ludwigia peploides). The initial exotics removal effort will begin after September 1 of 2004, and will coincide with the channel vegetation removal for section 1. Dudek and Associates, in accordance with the 1601 Streambed Alteration Agreement, will provide the required daily biological field monitoring while Nature's Image, Inc., completes the vegetation removal for section 1 and completes the initial exotic weed removal. For subsequent years. Dudek and Associates will complete the daily monitoring reports for the channel vegetation removal for each section. Follow-up weed control measures will be on the exotic species being controlled. Nature's Image will perform 4 maintenance visits the first and second years and estimate this to be done on a quarterly basis. For years three and four, there will be 3 maintenance visits. For years 5-1 0, there will be 2 maintenance visits. Dudek will be on-site to perform the nesting bird surveys when the maintenance work falls between February 15 and September 1 for each year. City Attorney Approved Version #04.01.02 15 During the maintenance phases, seedlings and small plants that are pulled or sprayed may be left to decompose on-site. Regrowth that is subsequently treated with herbicide may be left in place to decompose. Nature's Image, Inc. , will use the following herbicides, glyphosate (trade names Aquamaster, Ranger Pro, Roundup Pro, Roundup Pro Dry, Roundup Pro Concentrate, etc.), triclopyr (trade names Garlon 3A, Garlon 4, Pathfinder ll), and pelargonic acid (trade name Scythe). Monthly, Contractor shall treat weed growth in the pilot channel from twin culverts under Interstate 78. Pilot channel is 5' wide x 50' long. 7.0 CHANNEL VEGETATION CLEARING During the annual channel clearing, the large trees or plants that are removed during the initial stage of work will be removed from the project site. The vegetation will be removed in the northern half of the channel over a five-year period. One fifth of the northern half of the channel would be removed by hand down to ground level every year. Vegetation is not proposed to be removed between February and September 1"to avoid impacts to nesting birds in accordance with the Migratory Bird Treaty Act. For purposes of vegetation removal, maintenance vehicles will use the existing access roads that run parallel to the northern bank of the channel in order to remove the biomass off-site. The vegetation to be removed will consist of native wetlands plants, small native trees and shrubs, and any non-native plants that appear after the exotics clearing. The conditions and requirements do not allow any mechanized equipment such as ATV's, excavators, loaders, or tractors, in the channel. The channel bottom may not be disturbed and backhoe or excavator buckets cannot penetrate the channel bottom. The channel clearing is thereby restricted to only manual labor in the channel bottom. The requirements restrict the channel vegetation clearing methods to hand tools or small hand-held power tools. The vegetation will be cut at the water level using hand shears, loppers, machetes, chainsaws, string trimmers with blades, and/or hedge trimmers. The cut vegetation will be bundled and carried or pulled by rope to the north side of the channel. The cut vegetation will be loaded into bins or dump trucks and may be chipped before being placed in the bins or dump trucks. The removed vegetation will be disposed of at a landfill that accepts green waste. Bins left on-site shall be placed so as not to be visible from Interstate 78. The crews working in the channel will access the channel by flatbottom boat, wading, and/or plants suspended on flotation devices. City Attorney Approved Version #04.01.02 16 The MMRP requires that equipment for maintenance activities shall be refueled or maintained within designated staging areas (adjacent parking lots). BMP’s to contain accidental spills of hazardous materials shall be utilized when performing vehicle maintenance or refueling. All stationary equipment, such as motors or generators, shall be stored on the existing access road, drip pans shall be placed under all potential discharge conduits or leaks. The channel clearing plan and costs estimated are based on having clear access for our trucks to the north side of the channel on the access road at the east end or along the south edge of the field at the west end. We estimate 15 to 20 working days to complete the vegetation removal for each section over the course of 10 years. 8.0 PLANTING AND SEEDING LISTS Seeding as required during the channel maintenance project to provide erosion protection shall be per Tables 1 and 2, below. Table 1 provides a seed mix to be hand broadcast on the channel slopes and may be sown into the riprap voids as well as on soil. Table 2 provides a seed mix to be hand broadcast in wetland areas within the channel. The seed mixes may also be applied by hydroseeding, using a virgin wood fiber mulch at the rate of 2,000 pounds per acre. TABLE 1 SEED LIST FOR CHANNEL SLOPES BUENA VISTA CREEK CHANNEL CARLSBAD, CALIFORNIA COMMON NAME TABLE 2 SEED LIST FOR WETLAND AREAS COMMON NAME City Attorney Approved Version #04.01.02 17 Planting woody vegetation is not proposed in the channel or on its banks, as the purpose of this project is to reduce channel roughness to convey flood waters. At this time, Dudek and Associates does not believe this work needs to be done. If the need arises, Nature's Image, Inc., will perform such work on a time and materials basis as mutually agreed upon with the City of Carlsbad. City Attorney Approved Version #04.01.02 18 9.0 REPORTING REQUIREMENTS In accordance with the MMRP, Dudek and Associates will prepare an annual monitoring report to be submitted to the City of Carlsbad Planning Director and City Engineer and an annual report to be submitted to CDFG, in accordance with Condition No. 6 of the 1601 Streambed Alteration Agreement issued for the project. In conjunction with the annual clearing of vegetation or Buena Vista Creek, Dudek and Associates will prepare a brief letter report describing the maintenance and weed control efforts for the previous year, and include representative photographs documenting the work. The annual reports will be submitted at the end of each calendar year. All reports will be forwarded to the City for review. One copy of the draft report will be provided to the City. City will make comments within two weeks after receiving the draft report and Contractor shall address comments within two weeks after receiving City comments. Five copies of the final reports will be delivered to the City. The City will distribute the reports to the CDFG and Planning Director. Nature's Image, Inc., will submit monthly pesticide reports to the County Agricultural Commissioner documenting pesticide applications, with copies provided to the City for the project file. 10.0 PAYMENT Natures Image, Inc., will invoice the City monthly for progress payments on initial exotics removal, channel clearing and field reporting. All invoices are to be paid in 30 days. Any retention withheld will be released 35 days from completion of each line item of work performed. The exotics maintenance will be billed quarterly and if retention is withheld that amount to be released after the completion of each years maintenance. 11.0 PERMITS Resource and agency permits for this are attached to this document and a copy to be kept on-site anytime work is being performed. Resource and agency permits pertaining to this project include: I. California Department of Fish and Game Streambed Alteration Agreement No. #1600-2004-0006-R5. Contractor shall notify the Department in writing at least five (5) days prior to initiation of project activities and at least five (5) days prior to completion of project activities each year. Notification shall be sent to the Department at 4949 Viewridge Avenue, San Diego, CA 921 23, Attention: Tamara Spear. In addition, the City of Oceanside will require a grading permit for vegetation removal. The Oceanside grading permit shall be obtained and maintained by Contractor. At this time, an NPDES permit is not required. City Attorney Approved Version #04.01.02 19 12.0 NOTIFICATION OF PROPERTY OWNERS OF INTENT TO PERFORM WORK The Right of Entry for APN 165-120-56 requires written notice thirty (30) days prior to start of any works and 24 hours notice for emergency work. Contractor shall provide written notice to the property owner at: Hughes North County Associates I & II P.O. Box 8700 Newport Beach, CA 92658 Right of Entry is limited to January 15 to November 15 of each year (or in an emergency). 13.0 REQUIREMENTS The Contractor shall: 1. 2. 3. 4. 5. Provide all labor and materials, except where otherwise indicated in this agreement, and supervise the performance of the work. Supervisor Furnish a supervisor proficient in English who may be the restoration biologist depending on the activity and make every effort to keep the supervisor on-site when crews are working. Follow-up herbicide treatments do not require a supervisor. Perform all work necessary and incidental to the orderly performance of the work. Work Hours Work hours shall be between 7:OO a.m. and 500 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". Restoration Biologist Provide a restoration biologist for the monitoring as required. The restoration biologist is responsible for ensuring that the Contractor understands the maintenance provisions of the mitigation plan. City Attorney Approved Version #04.01.02 20 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. 6. Scheduling and Inspection A. Scheduling. Contractor shall prepare a bar chart schedule indicating maintenance and reporting. B. Communication. The Contractor shall communicate with the Engineer at a minimum of once a month between September 1 and February 15 of each year. 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 between September 1 and February 15. If no work is occurring, communication may either take place by phone or email. 7. Emergency Call Out Procedures Emergency Call Out Procedures. Within fifteen (I 5) 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. 8. The Contractor shall require each of his personnel to adhere to basic public works standards of working attire with shirts and or vests clearly marked with the Contractor’s company name. Shirts shall be worn and buttoned at all times. Contractor’s personnel shall be equipped with proper shoes and other gear required by the State Safety Regulations. Brightly colored traffic vests or reflectors shall be worn when personnel are working near vehicular traffic. City Attorney Approved Version #04.01.02 21 14.0 FEE EXOTICS MAINTENANCE Year 1 Year 2 Year 3 Year 4 Year 5 Visits 4 $8,835.00 4 $8,835.00 3 $6,435.00 3 $5,635.00 2 $5,165.00 I MONITORING (to be paid T&M based on attached rate schedule) Year 1 Year 2 Year 3 Year 4 $1 4,877.00 $1 0,076.67 $1 1,364.89 $1 1,364.89 Year 5 ., $11,133.89 I I PLANTING AND I (to be paid T&M based I $1 0,000.00 Section 1 Year 1 Section 2 Year 2 Section 3 Year 3 Section 4 Year 4 Section 5 Year 5 Est. Working Days 15 $75,000.00 15 $75,000.00 20 $75,000.00 20 $75,000.00 20 $75,000.00 Each year the fee schedule shall be reviewed. Revisions to the Fee Schedule require an amendment to this agreement. SEEDING Year 1 22 on attached rate schedule) City Attorney Approved Version #04.01.02 Matures Imager lnc. 20381 Lake Forest Drive, Suite BI9, Lake Forest, CA 92630 Phone: (949) 454-1225 Fax: (949) 454-1215 CITY OF CARLSBAD - BUENA VISTA CHANNEL EQUIPMENT, PERSONNEL AND MATERIALS RATES 2004 Equipment (without operators) Unit Price Massey Ferguson 85 HP Tractor Truck wMlater Tank or 100 Gal Chemical Mixer Water Truck (2250 gallons) Flatbed Truck Loader (to load biomass into dump trucks, bins) 5 Yard HD Dump Truck (rental for on site use only) 40 Yard Bin/Dump Fees (invoice + 15%) Backpack Sprayer (add to laborer) Chainsaw, powertrimmer (add to laborer) *Mobilization fees $250 / Day* $125 / Day $390 / Day $100 I Day $500 / Day* $375 I Day* $600 -$I ,0001Day $2 / Day $1 6IDay $1,000 each *Mobilization/Demobilization Fees Required for Rentals and Large Equipment Personnel Laborer Foreman Supervisor Project Manager Unit Price $34 / Hour $43 / Hour $65 / Hour $90 / Hour Materials Unit Price Roundup Pro $95 / Gal Aquatic Approved Glyphosate (Aquamaster) $138 / Gal Fusilade II $80 1 Qt Herbimax $17 / Gal Su rfacta n t $35 / Gal Dye (Generic) $45 / Gal Worker Safety Protection Equipment (gloves, suites, etc) $1 2 lDaylPerson CONFIDENTIAL - The City of Carlsbad Use Only. NATURES IMAGE DUDEK & ASSOCIATES. INC . CA RLSBA D BUENA VISTA CHANNEL PROJECT 2004 STANDARD SCHEDULE OF CHARGES Engineering Services Principal Engineer ............................... $1 58.001hr Project Manager .................................. $137.00/hr Senior Engineer .................................. $137.00/hr Associate Engineer ............................. $121.00/hr Project Engineer II .............................. $1 00.00/hr Project Engineer I .................................. $95.00/hr Resident Engineer .............................. $ 100.00/hr Field Engineer ....................................... $90.00/hr Engineering Inspector II ........................ $90.00/hr Engineering Inspector I ......................... $79.00/hr Engineering Assistant ........................... $63.00/hr Environmental Services Principal .............................................. $1 79.00/hr Senior Project ManagerlSpecialist ...... $152.00/hr Environmental SpecialistlPlanner VI ... $ 137.00/hr Environmental SpecialistlPlanner V .... $131 . OO/hr Environmental SpecialistlPlanner IV ... $121 . OO/hr Environmental SpecialistlPlanner Ill ... $ 116.00/hr Environmental SpecialistlPlanner I I .... $1 00 . OO/hr Environmental SpecialistlPlanner I ....... $90.00/hr Analyst .................................................. $ 74.00/hr Research Analyst .................................. $ 63.00/hr Urban and Community Forestry PrincipaVSenior Consulting Arborist ... $179.00/hr Senior Project Manager .................... $1 52.00/hr Urban Forestry Specialist IV ............... $1 21 . OO/hr Urban Forestry Specialist Ill ................ $1 16.00/hr Urban Forestry Specialist II ................. $1 00.00/hr Urban Forestry Specialist I .................... $90.00/hr Research Analyst .................................. $ 63.00/hr Construction Management Services PrincipaVManager ............................. ..$14 7.00/hr Construction Manager ......................... $1 31 . OO/hr Senior Project Manager ...................... $121 . OO/hr Project Manager .................................. $116.00/hr Construction Engineer ........................ $1 00.00/hr On-site Owner's Representative ........... $84.00/hr Construction Inspector Ill ...................... $95.00/hr Construction Inspector II ....................... $84.00/hr Hydrogeological Services Principal ................................................. $1 79.001hr Sr . HydrogeologisffSr . Project Manager $147.00/hr Associate HydrogeologistlEngineer ....... $121 . OO/hr Hydrogeologist IV/Engineer IV .............. $1 05.00/hr Hydrogeologist IIVEngineer Ill ................. $95.00/hr Hydrogeologist IVEngineer I1 ................... $84.00/hr Hydrogeologist VEngineer I ..................... $74.00/hr Technician ............................................... $63.00/hr District Management & Operations District General Manager ....................... $1 52.00/hr District Engineer .................................... $1 16.00/hr District Manager II .................................. $126.00/hr District Manager I ................................... $105.00/hr District Manager Assistant ....................... $74.00/hr District Secretary/Account ...................... $74.00/hr Collection Maintenance Manager ............ $95.00/hr Grade V Operator .................................... $95.00/hr Grade IV Operator ................................... $84.00/hr Grade Ill Operator .................................... $69.00/hr Grade II Operator ..................................... $58.00/hr Grade I Operator ...................................... $55.00/hr Operator in Training ................................. $44.00/hr Collection Maintenance Worker II ............ $47.00/hr Collection Maintenance Worker I ............. $36.00/hr Office Services TechnicaUDra fling/CADD Services 3D Graphic Artist ................................... $131.00/hr Senior Designer ..................................... $100.00/hr GIS Specialist II ..................................... $100.00/hr GIS Specialist I ........................................ $90.00/hr CADD/ Designer ..................................... $90.00/hr CADD Drafter .......................................... $84.00/hr CADD Operator I ..................................... $74.00/hr Assistant Designer Drafter ....................... $69.00/hr Support Services Computer Processing .............................. $69.00/hr Clerical Administration ............................. $63.00/hr ~ Forensic Engineering -Court appearances. depositions. and interrogatories as expert witness will be billed at 1.75 times normal rates . Emergency and Holidays - Minimum charge of two hours will be billed at I . 5 times the normal rate . Material and Outslde Services - Subcontractors. rental of special equipment. special reproductions and blueprinting. outside data processing and computer services. etc .. are charged at 1.15 times the direct cost . Travel Expenses - Mileage at 37.5 cents per mile . Per diem where overnight stay is involved is charged at cost Effective January 1. 2004 I August 3,2004 TO: MAYOR CITY COUNCIL FROM: MARILYN STRONG AGENDA ITEM t# c: Mayor Clty CoencO City Manager CltyAttorney Clty Clerk COPIES OF POSTCARDS Attached are copies of postcards the Mayor has received regarding the Buena Vista Creek Valley. Cec-4 @-so -0Y- c;4> U-K &,st- e:*> h';-. e+- tC 70: mhs i rb.. .- --I_._ . . .- .. , . I I r e- ’I c .. I 1 . I .