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
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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 •
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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
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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).
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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
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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.
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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.
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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
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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.