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HomeMy WebLinkAbout2012-05-08; City Council; 20886; Approve 2012-2016 Preserve Management Plan and Authorize Services Agreement with Center for Natural Lands Mnnagement to Perform Open Space Maintenance, Management and Monitoring of City-owned Preserve LandsCITY OF CARLSBAD - AGENDA BILL AB# 20,886 MTG. 5/8/12 DEPT. P&R DEPT. ACCEPT THE 2012-2016 PRESERVE MANAGEMENT PLAN AND AUTHORIZE EXECUTION OF A CONSULTINOhmECTOR ^CM SERVICES AGREEMENT WITH THE CENTER FOR CITY NATURAL LANDS MANAGEMENT, A NONPROFIT ATTORNEY CORPORATION, TO PERFORM OPEN SPACE CITY MAINTENANCE, MANAGEMENT, AND MONITORING OF MANAGER (jL> CITY-OWNED PRESERVE LANDS [_ RECOMMENDED ACTION: ADOPT Resolution No. 2012-099 accepting the 2012-2016 Preserve Management Plan for the maintenance, management, and monitoring of city-owned Habitat Management Plan Preserve lands; and ADOPT Resolution No. 2012-100 authorizing the Mayor to execute an Agreement for Consulting Services with the Center for Natural Lands Management, a 501 (c)(3) nonprofit corporation to perform open space maintenance, management, and monitoring of city-owned Habitat Management Plan preserve lands. ITEM EXPLANATION: The purpose of the 2012-2016 Preserve Management Plan (PMP) is to provide maintenance, management, monitoring, and reporting guidelines that will serve the conservation goals for the thirteen City-owned preserve properties. The previous PMP served the 2009-2011 period which represented the first three years of management of these properties. The 2012-2016 PMP takes into account the information learned during the previous PMP, and has been prepared to be consistent with the north coastal San Diego County Multiple Habitat Conservation Program (MHCP), the Carlsbad Open Space Management Plan (OSMP), and the Carlsbad Habitat Management Plan (HMP). The thirteen natural preserve lands discussed in this plan are to be managed for the purpose of preserving sensitive resources, which in turn meets the city's obligation to the MHCP, OSMP, and HMP. The 2012-2016 PMP specifically addresses the 600.4 acres of natural open space for which the City of Carlsbad is directly responsible as the Preserve Manager. The following thirteen properties are owned by the City of Carlsbad and currently managed by the Center for Natural Lands Management (CNLM): Batiquitos Drive Open Space, 2.7 acres Carrillo Ranch Open Space, 16.6 acres Carlsbad Municipal Golf Course, 198.2 acres Carlsbad Village Open Space, 12.7 acres La Costa Canyon Park Open Space, 8.9 acres La Costa/Romero Open Space, 13.0 acres Lake Calavera Presen/e, 256.1 acres Lagoon Lane Open Space, 2.7 acres Los Monos Resen/e, 20.5 acres Macario Canyon Open Space, 33.2 acres Poinsettia Park Open Space, 12.4 acres Research Center Open Space, 2.6 acres Veterans Park Open Space, 21.1 acres DEPARTMENT CONTACT: Steven Jantz, 760-434-2838 steve.iantz@carlsbadca.aov FOR CITY CLERKS USE ONL Y. « COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER - SEE MINUTES • AMENDED • Page 2 The PMP serves two main goals. First, it serves to establish objectives to guide appropriate public uses of the preserves, to establish monitoring and enhancement activities, and to provide guidance for the management of natural resources. Second, the PMP serves as a budget planning aid for all required activities within the preserve in order to comply with the requirements of the MHCP, OSMP, and HMP. On December 16, 2008 the City Council accepted the 2009-2011 PMP as well as executing a professional services consulting agreement with the Center for Natural Lands Management (CNLM). A final task within the PMP was for CNLM to prepare the Preserve Management Plan for the period of 2012-2016. Staff has reviewed the proposed 2012-2016 PMP and agrees with the proposed recommended actions for the city owned open space preserves. Therefore, one of the two recommended actions requests the Council accept the 2012-2016 Presen/e Management Plan. , On March 21, 2012 the city advertised "Request for Bid #12-09 for the Management, Maintenance and Monitoring of the City of Carlsbad Open Space Preserves." The bid specifications indicated Bid #12-09 would be evaluated using Best Value protocols. Notification of the bid request was sent to 10 firms who specialize in open space preserve management in San Diego County. Furthermore, an additional 10 firms requested bid documents through eBidboard. Bid proposals were to be submitted no later than April 19, 2012. Only one bid package was received by that date; it was from CNLM. As stated, the city currently has a consulting services agreement with CNLM for management of the subject thirteen city-owned preserve lands. During the initial three year term of that agreement, CNLM has performed all the required tasks at a very high level. CNLM is the largest habitat management company in the region, and has the expertise and manpower to continue to provide top level habitat management for the city's preserves. Staff is therefore recommending the City Council authorize execution of a new agreement with CNLM utilizing the 2012-2016 PMP. Based on the above, and the fact that CNLM's bid was the only bid received by the city, CNLM is considered the Best Value provider of the requested services. FISCAL IMPACT: In order to guide the preserve management activities, the HMP requires a site specific PMP. The purpose of the PMP is to guide the maintenance, management, and monitoring of the city- owned HMP preserve lands. Annual management and monitoring costs are based on the activities described in the PMP. Based on the activities outlined in the 2012-2016 PMP, the following is a summary of the estimated annual costs from CNLM, including a 10% contingency: Yearl 2012 (May - Dec) Year 2 2013 Year 3 2014 Year 4 2015 Year 5 2016 $59,994 $156,628 $143,440 $149,611 $167,424 Page 3 The costs for the various years of the 5-year agreement vary based on the necessary tasks for each year. As an example, various sensitive species monitoring events may be required annually while others are performed every other year or only once over the life of the agreement. Each year, upon approval of the City Manager and successful performance by CNLM, annual contract extensions may be granted. Assuming all contract extensions are exercised, the total estimated cost to cover the management tasks for the 2012-2016 PMP shall not to exceed $677,097. The tasks outlined in the agreement are to be funded from the Parks & Recreation Department - Parks Maintenance Operating Budget - General Fund. Sufficient appropriations are available to fund the initial term of the agreement. ENVIRONMENTAL IMPACT: The proposed management activities contained in the 2012-2016 PMP are consistent with the HMP, OSMP, and HMP Ordinance (Chapter 21.210 of the city's Zoning Ordinance). These regulatory documents have been approved by the state and federal wildlife agencies. Therefore, the activities authorized by the proposed consultant agreement constitute actions by a regulatory agency for the protection of the environment and are exempt from further environmental documentation pursuant to Section 15308 of the California Environmental Quality Act Guidelines. EXHIBITS: 1. Resolution No. 2012-099 accepting the 2012-2016 PMP for the maintenance, management, and monitoring of city-owned HMP preserve lands. 2. Resolution No. 2012-100 authorizing the Mayor to execute an Agreement for Consulting Services with CNLM. 3. Agreement for Consulting Services with CNLM. 4. 2012-2016 City of Carlsbad Preserve Management Plan dated September 2011 on file with the City Clerk's office. 19 20 22 23 1 RESOLUTION NO. 2012-099 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD ACCEPTING THE CITY OF CARLSBAD ^ 2012-2016 PRESERVE MANAGEMENT PLAN FOR THE 4 MAINTENANCE, MANAGEMENT, AND MONITORING OF CITY-OWNED HABITAT MANAGEMENT PLAN PRESERVE 5 LANDS 6 WHEREAS, the Habitat Management Plan (HMP), Open Space Management 7 Plan (OSMP), and the City HMP Ordinance (Chapter 21.210 of the city's Zoning 8 Ordinance) require the preparation of a Presen/e Management Plan (PMP) for all HMP 9 preserve lands; and 10 WHEREAS, the City of Carlsbad owns approximately 600 acres of HMP presen/e 11 lands; and 12 WHEREAS, the Center for Natural Lands Management has prepared the City of 13 Carlsbad 2012-2016 PMP for the maintenance, management, and monitoring of city 14 owned HMP preserve lands. 15 WHEREAS, the City Council determines it is in the best interest of the city to 16 approve the 2012-2016 PMP. 17 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 18 Carlsbad, California as follows: 1. That the above recitations are true and correct. 2. That the City Council accepts the report entitled "City of Carlsbad Preserves, 2012-2016 Presen/e Management Plan", dated September 2011, on file in the office of the City Clerk. // 24 // 25 // 26 // 27 // 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council of the City of Carlsbad on the 8**^ day of May, 2012, by the following vote to wit: AYES: NOES: Council Members Kulchin, Blackburn, Douglas and Packard. None. ABSENT: Council Member Hall. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ANN KULCHIN, Maydr Pro Tem ATTEST: M. W00E5, City Clerk (SEAL) 1 RESOLUTION NO. 2012-100 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AUTHORIZING THE MAYOR TO EXECUTE AN ^ AGREEMENT FOR CONSULTING SERVICES WITH THE CENTER FOR NATURAL LANDS MANAGEMENT TO PERFORM MAINTENANCE, MANAGEMENT, AND MONITORING OF CITY-OWNED HABITAT MANAGEMENT PLAN PRESERVE LANDS 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, in 2008 the City Council authorized the execution of a consulting services agreement with the Center for Natural Lands Management (CNLM) for the services of Preserve Manager of city-owned Habitat Management Plan preserve lands; and WHEREAS, a task in the consulting services agreement with CNLM was to prepare the 2012-2016 Presen/e Management Plan (PMP) and corresponding cost estimate; and WHEREAS, in order to ensure compliance with the requirements in the 2012- 2016 PMP, the city prepared and distributed "Request for Bid #12-09 for Management, Monitoring and Maintenance of the Carlsbad Open Space Presen/es" to contract with a Presen/e Manager for the term of the 2012-2016PMP; and WHEREAS, Request for Bid #12-09 was prepared utilizing Best Value criteria; and WHEREAS, upon completion of the bidding process, the City received one formal proposal, which was from the CNLM; and WHEREAS, CNLM has performed all the required presen/e management tasks for the previous Presen/e Management Plan and has the expertise and manpower to continue to provide top level habitat management through the period of the 2012-2016 PMP; and if WHEREAS, CNLM is the largest habitat management company in the region, and has the expertise and manpower to continue to provide top level habitat management for the city's presen/e lands: and WHEREAS, a consulting services agreement between the city and the CNLM has been prepared and is recommended for approval; and WHEREAS, the agreement is to be funded from the Parks & Recreation Department - Parks Maintenance Operating Budget - General Fund, and sufficient appropriations are available to fund the initial term of the agreement; and WHEREAS, the City Council determines it is in the best interest of the citizens of Carlsbad to authorize the Mayor to execute a consulting sen/ices agreement with CNLM, utilizing the 2012-16 PMP. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: 16 2. That the Mayor is authorized to execute a consulting sen/ices agreement with CNLM to perform maintenance, management, and monitoring of city-owned HMP preserve lands. 18 3. Following the execution of said agreement by the Mayor, the City Clerk is ig directed to fonA/ard copies of this resolution and said agreement to the Center for Natural Lands Management, Attention: Executive Director, 27258 Via 20 Industria, Suite B, Temecula CA 92590; and to the Parks and Recreation Department. 21 4. That the City Manager is hereby given the authority to approve any extensions to the agreement up to the amount specified in the agreement. 23 24 25 26 27 28 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 8*'^ day of May, 2012, by the following vote to wit: AYES: NOES: Council Members Kulchin, Blackburn, Douglas and Packard. None. ABSENT: Council Member Hall. KULCHIN, Ma\^or Pro Tem ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) AGREEMENT FOR CONSULTING SERVICES TO PERFORM MAINTENANCE, MANAGEMENT AND MONITORING OF CITY-OWNED HABITAT MANAGEMENT PLAN PRESERVE LANDS (CENTER FOR NATURAL LANDS MANAGEMENT) THIS AGREEMENT is made and entered into as of the l'^ day of fAaa , 2012, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and the CENTER FOR NATURAL LANDS MANAGEMENT, a 501(c)(3) nonprofit corporation ("Contractor"), for maintenance, management and monitoring of City- owned habitat management plan presen/e lands. RECITALS A. City requires the professional sen/ices of a consultant that is experienced in maintenance, management, and monitoring of Habitat Management Plan presen/e lands. B. Contractor has the necessary experience in providing professional sen/ices and advice related to these professional services. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein. City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in the 2012-2016 Preserve Management Plan (on file with the City Clerk) which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Sen/ices, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of seven months from the date first above written and shall not exceed the amount of fifty-four thousand, five hundred forty-five dollars ($54,545). The City Manager may amend the Agreement to extend it for four (4) additional one (1) year periods or parts thereof in an amount not to exceed one hundred fifty two thousand, two hundred four dollars ($152,204) per Agreement year. Extensions will be based upon a satisfactory review of Contractor's performance. City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. Either the City of the Contractor may decline the renewal of the contract for any reason whatsoever, which shall render the renewal option null and void. If all the extensions to the initial term are utilized, the total compensation that would be paid under this agreement shall not exceed six hundred fifteen thousand, five hundred forty- eight dollars ($615,548). City Attorney Approved Version 5/12/11 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the seven month term of the original agreement shall not exceed fifty- four thousand, five hundred forty-five dollars ($54,545). No other compensation for the Sen/ices will be allowed except for items covered by subsequent amendments to this Agreement. The City resen/es the right to withhold a ten percent (10%) retention until City has accepted the work and/or sen/ices specified in City of Carlsbad 2012-2016 Presen/e Management Plan. Incremental payments will be made on a monthly basis for the tasks outlined in the 2012-2016 Presen/e Management Plan, and categorized in Exhibit A - Contractor's Proposed Cost of Sen/ice. The Contractor shall submit invoices to the Parks Superintendent, or his/her designee by the 5th day of the month for tasks performed in the previous month. Actual payments made by the City to the Contractor shall be based on the Contractor's actual monthly tasks performed. The Contractor shall provide detailed records of all monthly tasks performed and include all required reports of preserve management services. Failure to provide the required documents, invoices, and reports will result in the City of Carlsbad withholding payments to the Contractor until all required documentation is provided to the city. With the required documentation, the City shall make a payment of the invoice within 30 days of receipt. The Contractor will perform work in accordance with all applicable laws, including without limitation the Carlsbad Municipal Code, Occupational Safety and Health Standards (OSHA) and Cal-OSHA standards. 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 Sen/ices 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 City Attorney Approved Version 5/12/11 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. 9. INDEMNIFICATION Contractor agrees to indemnify and hold hannless the City and its officers, officials, employees and volunteers from and against ali claims, damages, losses and expenses inciuding attorney's fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct 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 ioss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination ofthis Agreement. 10. 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 earner is required to have a current Best's Key Rating of not less than "A-:VH". OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". 10.1 Coverages 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. 10.1.1 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. 10.1.3 Workers' Compensation and Emplover's Liabilitv. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. City Attorney Approved Version 5/12/11 w 10.1.4 Professional Liability. Endors 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. "'B^fitZ^ I I If box is checked. Professional Liability City's Initials Contractor's Initials Insurance requirement is waived. 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 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 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. Citv resen/es the right to require, at any time, 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. 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. City Attomey Approveel Version 5/12/11 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 Name Title Kyle Lancaster For Contractor Name David Brunner Parks Superintendent Title President and Executive Director Department Parks and Recreation City of Carisbad Address 799 Pine Ave, Suite 200 Carlsbad CA 92008 PhoneNo. (760) 434-2941 Center For Natural Lands Management Address 27258 Via Industria, Suite B Temecula, CA 92590 PhoneNo. (760) 731-7790 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 Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carisbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully infomned 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 sen/ices 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 ail agents, employees, subcontractors and consultants whose services are 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 othenwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their City Attorney Approveel Version 5/12/1 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 (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be fonA/arded 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. 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 tenninate 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 wori< 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 perfonned 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 othenA/ise recover, the fuil 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 seq.. 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 attomey's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of City Attorney Approved Version 5/12/11 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 debannent by another jurisdiction is grounds for City to tenninate this Agreement. 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 nor 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, modifled, waived or discharged except in a writing signed by both parties. {Remainder of Page Intentionally Left Blank) City Attorney Approved Version 5/12/11 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the tenns and conditions of this Agreement. CONTRACTOR - CENTER FOR NATURAL LANDS MANAGEMENT CITY OF CARLSBAD, a municipal corporation of the State of California By: iign here) DAVID R. BRUNNERTPfesiclent Mayor Pro Tem (print name/tifle) ATTEST: By: (sign here) LORRAINE M. WOOD City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation. Agreement must be signed by one corporate officer from each of the following two groups. proup A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(8) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney Assistant City Attornii|^ City Attorney Approved Version 5/12/11 EXHIBIT A Contractor's Proposed Cost of Service TtK undersigned declares tie/stie lias carefully examined the 2012-2016 Carlsbad Presen/e Management Plan, read the Request for Proposal, examined all relative documents, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work in the RFB No. 12- 09-Management, Maintenance and Monitonng ofthe Oty ofCarlsbad Open Space Preserves Agreement in accordance with the specifications ofthe City of CaHsbad and that he/she will take full payment therefore the following unit prices for each item complete, to wit: Item No. Description Unit Price 2012 2013 2014 2015 2016 1 Biological Surveys Lump Sum/Year $2,830 $23,184 $17,924 $15,488 $27,651 2 Habitat Maintenance Lump Sum/Year $4,692 $28,156 $21,131 $27,149 $16,161 3 Water Management Lump Sum/Year $0 $0 $0 $0 $0 4 Site Maintenance Lump Sum Aear $1,702 $4,258 $4,351 $4,447 $4,544 5 Reporting Lump SumAear $7,100 $12,243 $12,488 $12,738 $24,095 6 Operations Lump Sum/Year $6,705 $17,013 $15,683 $16,047 $18,263 7 General Maintenance Lump Sum/Year $169 $291 $300 $309 $318 8 Patrol/Enforcement 800 hoursAear $31,342 $57,243 $58,523 $59,833 $61,172 Bid Total $54,540 $142,389 $130,400 $136,010 $152,204 made to the contractor will be based on contractor's actual work performed for the City consistent with the terms and conditions ofthe contract documents, and may be different from the prices estimated above. Center for Natural Lands Management Cost Proposal City ofCarisbad RFB # 12-09 n Contractor's Proposed Cost of Service* Total amount of Contractor's proposal per agreement year In words (Items 1-8): 2012 - Fifty-Four Thousand Five Hundred Forty-Five Dollars 2013 - One Hundred Forty-Two Thousand Three Hundred Eighty-Nine Dollars 2014 - One Hundred Thirty Thousand Four Hundred Dollars 2015 - One Hundred Thirty- Six Thousand Ten Dollars 2016 - One Hundred Fifty-Two Thousand Two Hundred Three Dollars. Total amount of Vendor's proposal per agreement year in numbers (Items 1-8) 2012 - $ 54,540 2013 - $142,389 2014 - $130,400 2015 - $136,010 2016-$152,203 In the event of a discrepancy between the total amount of Vendor's proposal written in words or numbers, the amount written in words shall govern. Price(s) given above are firm for 90 days after date of proposal opening. Addendum No(s). 1 has/have been received and is/are included in this proposal. The Undersigned has checked carefully ati ofthe above figures and understands that the City will not be responsible for any error or omission on the part ofthe Undersigned in preparing this proposal. The Undersigned agrees that in case of default in executing the required City Contract with the necessary insurance policies within twenty (20) calendar days from the date of award of agreement by the City, the City may at its option and without providing further notice to the apparent best value Vendor administratively authorize the award of the contract to the Best Value Vendors in descending rank. Center for Natural Lands Management Isabella Gelmi, Director of Administration Center for Natural Lands Management 2 city of Carisbad RFB # 12-09 Cost Proposal RMdutkMi 147-08 BOARD OF DIRECTORS CEHTER FOR NATURAL LANDS MANAGEMENT Boai^ of DIraelort'Mettiiig Of DMwnber 4* 2008 Appointing Now Exocutlvo Dlradof/PrMkioiit of tho Contor fcMr Naturol Lands Managomont WHEREAS, thia authorizes David R. Brunnor to servo as tho Executfvo Diiector and Piealdont of the Cenler for Natural Lands Management. This authorizes him to do or cause to be done all acte necessary to conduct said position. Pato; December 4.2008 David M. hreetor, Chairman Votes: Aves 7 Navs - Abstain Absent ^ Acceptance of Deeignation: BEST COPY CAUFORNIA ALL-PURPOSE ACKNOWLEDGMENT state of California County of _ On before me, } personally appeared J)jf{/,fl ^f^L/y\A — Hsrs liiMrf NHIW and TIMof ttw OfRoar MITULIWEL Commission # 1640272 Notaiy Public - California San Diego County My Comm. Expires Jan 22.201 1 who proved to me on the basis of satisfactory evidence to be the personj[«) whose namepB) is/aie subscribed to the within Instrument and acknowledged to me that he/ahe^ey executed the same in his/her^Mr authorized capacity(ie^, and that by his/bei^Mir signature's) on the instrument the persor^, or the entity upon behalf of which the person(^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature OPTIONAL - Sicrvliira dl Notary Pubfic Though the Information tietow is not required by law, it may prwe yaluat^ to persons relying on the documertt and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type Oocument Date; Signer(s) Other Than Named Above 1 Of Attached Document of Document ate: f^^f /^f Number of Pages: ^ ^ Capaclty(ies) Claimed by Slgner(s) Signer's Name:/^ 0 \ d ^^r./r, irJ^ Individual • Corporate Officer —Title{s): • Partner — • Limited • Qeneral • Attomey in Fact • Trustee • Guardian or Conservator • Other: e2007N8tiQratNotaryA88ociaaon*93500eSatoAw.,P.aBcN2402*Chats«^^ tta(n«S907 fleontorCal1bHi«e1-S0O«76-6827 V^CARLSBAD CITY OF Memorandum May 7, 2012 To: From: Via Re: Date: •n: ^ id Distributio City Clerk Asst. City Clerk Deputy Clerk Book Lisa Hildabrand, City IVIanager Steven Jantz, Associate Engineer ~ Chris Hazeltine, Parks and Recreation Director Kyle Lancaster, Parks Superintendent Council IVIember Inquiry - Bid for Implementation of Preserve Management Plan Agenda Item # For the members ofthe: CITYCOUNCIL AdM DCM ^A ^ CC Da te <:/1 City Manager ^ At today's council briefing for the meeting of May 8, 2012, Council Member Packard inquired about receiving only one bid for services to implement the 2012-2016 Preserve Management Plan (PMP). As a follow-up to the telephone conversation on that inquiry, staff offers the information below: In developing the specifications on the Request for Bid (RFB), staff recognized the services of the PMP were specialized, and that only a small number of firms could provide the preserve management and monitoring required. Based on staffs experience and professional contacts in the industry, the city mailed the RFB to ten potentially qualified preserve management firms in San Diego County. In addition, another ten firms and plan rooms requested bid documents through the city's eBidboard service. In order to ensure that potential bidders were capable of satisfactorily performing biological and management services for the 600 acres of city-owned preserve lands, the minimum requirements published were as follows: The contractor firm shali have previous experience with habitat and preserve management projects of similar size and scope directly related to Open Space Preserve Management protocols and techniques. Contractor firm shall have performed open space preserve management and biological monitoring services for a minimum of 8 years on at least five separate projects encompassing a minimum total of 50 acres each. Contractor firm shall have performed biological monitoring services fora minimum of 5 years on at least two separate projects encompassing a minimum 50 acres. Contractor's project manager shall possess a bachelor's degree in biology, botany, ecology, landscape architecture or a related, approved field that is experienced with habitat and open space preserve management processes. The project manager shall possess a minimum of 8 years experience working with habitat management, monitoring and reporting and a demonstrated track record of successful preserve management projects. The project manager shall be thoroughly familiar with all aspects of open space preserve maintenance work including the following areas of specific maintenance knowledge and certifications that are considered mandatory for this project: Parks & Recreation 799 Pine Ave., Suite 200 I Carlsbad, CA 92008 I 760-434-2826 760-434-5088 fax • Ability to identify upland and wetland native arid non-native species in seedling and mature stages of growth development • 'i . • Knowledge of a range of weed controirrj^thods ificluding fnanual removal, chemical applications (various application techniques), and mectianical options • Proof of Qualified Applicator's License • Knowledge and practical understanding of Best Mand^en^eht Practices • Knowledge of coastal' sage scrub vegetation annual growth and dormancy cycles and water requirements. • Knowledge of specific restrictions and special needs of any and all endangered species. Staff did not receive any comments or questions from other firms during the pre-bid process, nor did staff receive any correspondence which explained why other potential firms did not submit bids. Therefore, the following list of possibilities of why other firms did not bid on this RFB is strictly speculative on the part of staff: • Potential bidders did not meet the minimum experience/professional requirements • Potential bidders did not possess the equipment and manpower to immediately start services • Potential bidders could not financially compete with a non-profit organization in providing services • The present provider of services is the largest preserve management company is southern California As an additional follow-up to today's telephone conversation, staff contacted one of the firms which were directly sent the RFB (Dudek/HRS), inquiring about the reason their firm did not submit a bid package. Dudek/HRS has performed habitat maintenance and biological monitoring for various projects within San Diego County and staff was familiar with their services. Dudek responded indicating they recently formed a new subsidiary of the company; Habitat Management Services (HMS) in response to the region's need to provide maintenance of open space lands, whether public or privately held habitat preserves. However, after review of the requirements in the RFB, Dudek/HRS/HMS decided not to submit a proposal because they could not meet the minimum qualifications outlined in the RFB. With regard to the consultant qualifications outlined in the RFB, staff carefully considered the level of minimum professional experience with habitat management and maintenance activities expected for the city's open space preserves. The minimum qualifications outlined in the RFB are similar with the contract requirements for the habitat restoration element ofthe Crossing's Golf Course. Therefore, staff determined the minimum qualifications in the RFB were similar to past habitat restoration projects, and the experience level would ensure the biological monitoring and habitat management would meet the expectations of the city and resource agencies forthe maintenance and management ofthe city's open space preserve lands. Please feel free to contact me if you have any further questions.