HomeMy WebLinkAbout1998-03-03; City Council; Resolution 98-510 0
1 ll RESOLUTION NO. 98-5 1 2
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SERVICES
AGREEMENT WITH NATIVE LANDSCAPE, INC. FOR MACARIO
CANYON MITIGATION MONITORING PROGRAM AND EXOTIC SPECIES REMOVAL, PROJECT NO. 3184.
WHEREAS, the City Council of the City of Carlsbad has appropriated funds for Cannot
6 Road West Project (hereinafter "Project") through a previous City Council action; and
7 WHEREAS, Statements of Qualifications have been solicited to perform biologic;
8 services required by the mitigation monitoring program for the project; and
9 WHEREAS, Native Landscape, Inc., is recommended by staff as the most qualified ti
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account; and 11
perform the work, for a fee of $443,035, and sufficient funds are currently available in the projec
12 WHEREAS, execution of the attached agreement for services complying with the term
13 and conditions of the Resource Agency permits will implement the previously certifiel
14 1 I environmental documents; and
WHEREAS, a mutually satisfactory fee for the services has been negotiated; and
WHEREAS, all environmental documents required for this project have had City Counc 15
16 review and approval.
17 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbac
I * California, as follows:
19 1. That the above recitations are true and correct.
20 2. The agreement with Native landscape, Inc, for Macario Canyon Wetlan
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authorized and directed to execute said agreement. 22
Monitoring Program and Exotic Species Removal is hereby approved, and the Mayor is heret
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1 3. Following Mayor's signature of the agreement, the City Clerk is furtht
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authorized and directed to forward copies of said agreement to Native Landscape, Inc
9746 Tamarack Lane, Escondido, California 92029, attention: Ardis Peery, and the Engineerir
4 Department, attention: Sherri Howard.
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6 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Counc
7 held on the 3rd day of March , 1998 by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin and Hall
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II NOES: None
Member Finnila
ATTEST:
(SEAL)
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. AGREEMENT FOR MACARIO CANYON WETLAND
MITIGATION MONITORING PROGRAM AND
EXOTIC SPECIES REMOVAL
PROJECT NO. 3184
THIS AGREEMENT is made and entered into as of the 9Ci-h day of
fl-0 ~-p/h , 19IK by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as "City", and NATIVE LANDSCAPE, INC.,
hereinafter referred to as "Contractor."
RECITALS
City requires the services of a biological Contractor to provide the necessary
biological monitoring and exotic species removal; and Contractor possesses the
necessary skills and qualifications to provide the services required by the City;
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. CONTRACTOR'S OBLIGATIONS
The Contractor shall perform the requirements as detailed in the scope of work
attached hereto as Exhibit "A" and incorporated herein.
2. CITY OBLIGATIONS
The City shalt provide the Contrzctor with plan sets.
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3. PROGRESS AND COMPLETION
The work under this contract will begin within ten (IO) days after receipt of
notification to proceed by the City and be completed within six (6) years of that date.
Extensions of time may be granted if requested by the Contractor and agreed to in
writing by the City. The City will give allowance for documented and substantiated
unforeseeable and unavoidable delays not caused by a lack of foresight on the part of
the Contractor, or delays caused by City inaction or other agencies' lack of timely
action.
4. FEES TO BE PAID TO CONTRACTOR
The total fee payable for the services to be performed shall be $443,035. No
other compensation for services will be allowed except those items covered by
supplemental agreements per Paragraph 8, "Changes in Work." The City reserves the
right to withhold a ten percent (10%) retention until the project has been accepted by
the City.
Incremental payments, if applicable, should be made as outlined in attached
Exhibit "A."
5. DURATION OF CONTRACT
This agreement shall extend for a period of six (6) years from date thereof. The
contract may be extended by the City Manager for one (1) additional one (1) year
periods or parts thereof, based upon a review of satisfactory performance and the City's
needs. The parties shall prepare extensions in writing indicating effective date and
length of the extended contract.
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6. PAYMENT OF FEES
Payment of approved items on the invoice shall be mailed to the Contractor
within 30 days of receipt of the invoice.
7. FINAL SUBMISSIONS
Report requirements and deliverables are detailed in Exhibit "A".
8. CHANGES IN WORK
If, in the course of the contract, changes seem merited by the Contractor or the
City, and informal consultations with the other party indicate that a change in the
conditions of the contract is warranted, the Contractor or the City may request a change
in contract. Such changes shall be processed by the City in the following manner: A
letter outlining the required changes shall be forwarded to the City by Contractor to
inform them of the proposed changes along with a statement of estimated changes in
charges or time schedule. A Standard Amendment to Agreement shall be prepared by
the City and approved by the City according to the ,procedures described in Carlsbad
Municipal Code Section 3.28.172. Such Amendment to Agreement shall not render
ineffective or invalidate unaffected portions of the agreement.
9. COVENANTS AGAINST CONTINGENT FEES
The Contractor warrants that their firm has not employed or retained any
company or person, other than a bona fide employee working for the Contractor, to
solicit or secure this agreement, and that Contractor has not paid or agreed to pay any
company or person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting
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from, the award or making of this agreement. For breach or violation of this warranty,
the City shall have the right to annul this agreement without liability, or, in its discretion,
to. deduct from the agreement price or consideration, or otherwise recover, the full
amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee.
10. NONDISCRIMINATION CLAUSE
The Contractor shall comply with the state and federal laws regarding
nondiscrimination.
11. TERMINATION OF CONTRACT
In the event of the Contractor's failure to prosecute, deliver, or perform the work
as provided for in this contract, the City Manager may terminate this contract for
nonperformance by notifying the Contractor by certified mail of the termination of the
Contractor. The Contractor, thereupon, has five (5) working days to deliver said
documents owned by the City and all work in progress to the City. The City shall make
a determination of fact based upon the documents delivered to City of the percentage
of work which the Contractor has performed which is usable and of worth to the City in
having the contract completed. Based upon that finding as reported to the City
Manager, the Manager shall determine the final payment of the contract.
This agreement may be terminated by either party upon tendering thirty (30)
days written notice to the other party. In the event of such suspension or termination,
upon request of the City, the Contractor shall assemble the work product and put same
in order for proper filing and closing and deliver said product to City. In the event of
termination, the Contractor shall be paid for work performed to the termination date;
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however, the total shall not exceed the lump sum fee payable under paragraph 4. The
City Manager shall make the final determination as to the portions of tasks completed
and the compensation to be made.
12. DISPUTES
If a dispute should arise regarding the performance of work under this
agreement, the following procedure shall be used to resolve any question of fact or
interpretation not otherwise settled by agreement between parties, Such questions, if
they become identified as a part of a dispute among persons operating under the
provisions of this contract, shall be reduced to writing 'by the principal of the Contractor
or the City. A copy of such documented dispute shall be forwarded to both parties
involved along with recommended methods of resolution which would be of benefit to
both parties. The City or principal receiving the letter shall reply to the letter along with
a recommended method of resolution within ten (IO) days. If the resolution thus
obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be
forwarded to the City Council for their resolution through the Office of the City Manager.
The City Council may then opt to consider the directed solution to the problem. In such
cases, the action of the City Council shall be binding upon the parties involved,
although nothing in this procedure shall prohibit the parties seeking remedies available
to them at law.
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13. CLAIMS AND LAWSUITS
The Contractor agrees that any contract claim submitted to the City must be
asserted as part of the contract process as set forth in this agreement and not in
anticipation of litigation or in conjunction with litigation. The Contractor acknowledges
that if a false claim is submitted to the City, it may be considered fraud and the
Contractor may be subject to criminal prosecution. The Contractor acknowledges that
California Government Code sections 12650 et sea., the False Claims Act, provides for
civil penalties where a person knowingly submits a false claim to a public entity. These
provisions include false claims made .with deliberate ignorance of the false information
or in reckless disregard of the truth or falsity of information. If the City of Carlsbad seeks
to recover penalties pursuant to the False Claims Act, it is entitled to recover its
litigation costs, including attorney's fees. The Contractor acknowledges that the filing of
a false claim may subject the Contractor to an administrative debarment proceeding
wherein the Contractor may be prevented to act as a Contractor on any public work or
improvement for a period of up to five years. The Contractor acknowledges debarment
by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor
from the selection process of (Initial)
The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026,
3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. O,,? (Initial)
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14. STATUS OF THE CONTRACTOR
The Contractor shall perform the services provided for herein in Contractor's own
way as an independent Contractor and in pursuit of Contractor's independent calling,
and not as an employee of the City. Contractor shall be under control of the City only
as to the result to be accomplished, but shall consult with the City as provided for in the
request for proposal. The persons used by the Contractor to provide services under this
agreement shall not be considered employees of the City for any purposes whatsoever.
The Contractor is an independent Contractor of the City. The payment made to
the Contractor pursuant to the contract shall be the full and complete compensation to
which the Contractor is entitled. The City shall not make any federal or state tax
withholdings on behalf of the Contractor or hidher employees or subcontractors. The
City shall not be required to pay any workers' compensation insurance or
unemployment contributions on behalf- of the Contractor or his/her employees or
subcontractors. The Contractor agrees to indemnify the City within 30 days for any tax,
retirement contribution, social security, overtime payment, unemployment payment or
workers' compensation payment which the City may be required to make on behalf of
the Contractor or any employee or subcontractor of the Contractor for work done under
this agreement or such indemnification amount may be deducted by the City from any
balance owing to the Contractor.
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The Contractor shall be aware of the requirements of the Immigration Reform
and Control Act of 1986 and shall comply with those requirements, including, but not
limited to, verifying the eligibility for employment of all agents, employees,
subcontractors and Consultants that are included in this agreement.
15. CONFORMITY TO LEGAL REQUIREMENTS
The Contractor shall cause all drawings and specifications to conform to all
applicable requirements of law: federal, state and local. Contractor shall provide all
necessary supporting documents, to be filed with any agencies whose approval is
necessary.
The City will provide copies of the approved plans to any other agencies.
16. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, and specifications as herein
required are the property of the City, whether the work for which they are made be
executed or not. In the event this contract is terminated, all documents, plans,
specifications, drawings, reports, and studies shall be delivered forthwith to the City.
Contractor shall have the right to make one (1) copy of the plans for hislher records.
17. REPRODUCTION RIGHTS
The Contractor agrees that all copyrights which arise from creation of the work
pursuant to this contract shall be vested in City and hereby agrees to relinquish all
claims to such copyrights in favor of City.
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18. HOLD HARMLESS AGREEMENT
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Contractor agrees to indemnify and hold harmless the City of Carlsbad and its
officers, officials, employees and volunteers from and against all claims, damages,
losses and expenses including attorneys fees arising out of the performance of the
work described herein caused by any willful misconduct, or negligent act, or omission of
the contractor, any subcontractor, anyone directly or indirectly employed by any of them
or anyone for whose acts any of them may be liable.
19. ASSIGNMENT OF CONTRACT
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The Contractor shall not assign this contract or any part thereof or any monies
due thereunder without the prior written consent of the City.
20. SUBCONTRACTING
If the Contractor shall subcontract any of the work to be performed under this
contract by the Contractor, Contractor shall be fully responsible to the City for the acts
and omissions of Contractor's subcontractor and of the persons either directly or
indirectly employed by the subcontractor, as Contractor is for the acts and omissions of
persons directly employed by Contractor. Nothing contained in this contract shall
create any contractual relationship between any subcontractor of Contractor and the
City. The Contractor shall bind every subcontractor and every subcontractor of a
subcontractor by the terms of this contract applicable to Contractor's work uniess
specifically noted to the contrary in the subcontract in question approved in writing by
the City.
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21. PROHIBITED INTEREST
No official of the City who is authorized in such capacity on behalf of the City to
negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or
approving of this agreement, shall become directly or indirectly interested personally in
this contract or in any part thereof. No officer or employee of the City who is authorized
in such capacity and on behalf of the City to exercise any executive, supervisory, or
similar functions in connection with the performance of this cantract shall become
directly or indirectly interested personally in this contract or any part thereof.
22. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employee of the
City, either before, during or after the execution of this contract, shall affect or modify
any of the terms or obligations herein contained nor entitle the Contractor to any
additional payment whatsoever under the terms of this contract.
23. SUCCESSORS OR ASSIGNS
. Subject to the provisions of Paragraph 18, "Hold Harmless Agreement," all
terms, conditions, and provisions hereof shall inure to and shall bind each of the parties
hereto, and each of their respective heirs, executors, administrators, successors, and
assigns.
24. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first written
above.
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25. CONFLICT OF INTEREST
The Contractor shall file a conflict of interest statement with the City Clerk in
accordance with the requirements of the City's conflict of interest code incorporating
Fair Political Practices Commission Regulation 18700 as it defines A consultant. The
disclosure category shall be all categories.
26. INSURANCE
The Contractor shall obtain and maintain for the duration of the contract and any
and all amendments insurance against claims for injuries to persons or damage to
property which may arise out of or in connection with performance of the work
hereunder by the Contractor, his agents, representatives, employees or subcontractors.
Said insurance shall be obtained from an insurance carrier admitted and authorized to
do business in the State of California. The insurance carrier is required to have a
current Best's Key Rating of not less than "A-:V" and shall meet the City's policy for
insurance as stated in Resolution No. 91-403.
A. Coveraqes and Limits.
Contractor shall maintain the types of coverages and minimum limits
indicated herein, unless a lower amount is approved by the City Attorney or City
Manager:
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1. Comprehensive General Liability 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 shall apply
separately to the work under this contract or the general aggregate shall be twice the
required per occurrence limit.
2. Automobile Liability (if the use of an automobile is involved for
Contractor's work for the City). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
3. Workers' Compensation and Employer's Liability. Workers'
Compensation limits as required by the Labor Code of the State of California and
Employer's Liability limits of $1,000,000 per accident for bodily injury.
4. Professional Liability. Errors and omissions liability appropriate to
the contractor's profession with limits of-not less than $1,000,000 per claim. Coverage
shall be maintained for a period of five years following the date of completion of the
work.
B. Additional Provisions.
Contractor shall ensure that the policies of insurance required under this
agreement contain, or are endorsed to contain, the following provisions.
1. The City shall be named as an additional insured on all policies
excluding Workers' Compensation and Professional Liability.
2. The Contractor shall furnish certificates of insurance to the City
before commencement of work.
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3. The Contractor shall obtain occurrence coverage, excluding
Professional Liability which shall be written as claims-made coverage.
4. This insurance shall be in force during the life of the agreement and
any extension thereof and shall not be canceled without 30 days prior written notice to
the City sent by certified mail.
5. If the Contractor fails to maintain any of the insurance coverages
required herein, then the City will have the option to declare the Contractor in breach, or
may purchase replacement insurance or pay the premiums that are due on existing
policies in order that the required coverages may be maintained. The Contractor is
responsible for any payments made by the City to obtain or maintain such insurance
and the City may collect the same from the Contractor or deduct the amount paid from
any sums due the Contractor under this agreement.
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27. RESPONSIBLE PARTIES
The name of the persons who are authorized to give written notices or to receive
written notice on behalf of the City and on behalf of the Contractor in connection with
the foregoing are as follows:
For City:
For Contractor:
Title Associate Engineer
Name Sherri Howard
Address City of Carlsbad / Engineering Department ___~ 2075 Las~ Palmas Drive
Carlsbad, CA 92009-1 576
Title PresidenVSecretary
Name Ardis Peery
Address Native Landscape, Inc.
9746 Tamarack Lane -~ ~ ~~
Escondido, CA 92029
Contractor/License Number: 655602
28. BUSINESS LICENSE
Contractor shall obtain and maintain a City of Carlsbad Business License for the
duration of the contract.
29. ENTIRE AGREEMENT
This agreement, together with any other written document referred to or
contemplated herein, embody the entire agreement and understanding between the
parties relating to the subject matter hereof. Neither this agreement nor any provision
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hereof may be amended, modified, waived or discharged except by an instrument in
writing executed by the party against which enforcement of such amendment, waiver or
discharge is sought.
Executed by Contractor this qW day of rr‘\ && , 19 qr.
CONTRACTOR:
NATIVALANDSCAPE, INC. n
By: [ ti1 KQ~,~
Ardis Mey/President
(printbabe/tm
By: k “Kc, “(sign here)
Ardis PeervlSecretary (print namehitle)
CITY OF CARLSBAD, a municipal
ATTEST:
ALWWU<E City Clerk L\
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or vice-president and secretary or assistant secretary must sign for
corporations. If only one officer signs, the corporation must attach a resolution certified
by the secretary or assistant secretary under corporate seal empowering that officer to
bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
BY
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State of California ) 1 County of San Diego )
On 02/25/98 before me, Belinda R. Guzman, Notary Public, personally appeared Ardis
Peery, proved to me on the basis of satisfactory evidence to be the person whose name
is subscribed to the within instrument and acknowledged to me that she executed the
same in her authorized capacity, and that by her signature on the instrument the person, or entity upon behalf of which the person acted, executed the instrument.,
WITNESS my hand and official seal
$!&&&&J& (This area for
Signature of Notary U official notary seal)
Title or Type of Document Agreement for Macario Canyon Wetland Mitigation Monitoring
Date of Document 02-25-98 No. of Pages 15
Signer(s) other than named above None
Program and Exotic Species Removal Project No. 3184
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EXHIBIT "A"
NATIVE LANDSCAPE, INC. MACARIO CANYON WETLAND MITIGATION MONITORING PROGRAM
SCOPE OF WORK AND COST
SCOPE OF WORK
Native Landscape, Inc., will perform the following services associated with this project:
Bioloaical Monitorina Proaram
The biological monitoring program for the Macario Canyon Mitigation site will entail the following:
Construction Monitorinq
0 Review project permit documents & documentation
0 Inspect plant materials two times at nursery
0 Coordinate plant materials contract production/delivery with nursery
0 Kickoff meeting with Contractor's, staff, and our team
0 Initial coordination meeting with City's Project Manager
0 Monitor site erosion ControVgrading
0 Write letter to U. S. Army Corps of Engineers (ACOE) on grading and erosion control
0 Monitor site preplweed control
0 Monitor irrigation installation: pressure check and coverage check
0 Accept container plants at site with Contractor
0 Check field flagging of planting locations and adjust ecological placement in field
0 Accept seed for site and monitor seeding process
0 Prepare final installation check list for Contractor
0 Monitor final'Contractor walkthrough to accept project
0 Monitor site maintenance during plant establishment period (90 days)
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0 Flag dead plants and provide replacement list to Contractor at end of establishment
period .
Flag areas for reseeding at end of the of establishment period
0 Prepare maintenance checklist to accept end of plant establishment period and start
long-term maintenance program
0 Perform final establishment period walkthrough with Contractor
0 Write completion letter to ACOE to start long-term monitoring; City will provide as-built drawings as a part of this submittal.
0 Take photographs of the installation and on-going monitoring process for the purposes of documenting project installation and long-term development
Lonu-Term Biolouical MonitorindReDortincr for Five Years (1998-2003)
Proaress RePorts
Prepare project progress reports to PM which include remedial recommendations
0 Monthly in 1998
0 81-monthly for the remainder of the monitoring period
Horticultural Monitoring
Perform horticultural monitoring visits to monitor site maintenance and issue Contractor
maintenance memos as needed:
0 Monthly in 1998
0 Bi-monthly for the remainder of the monitoring period
Dead container plants will be counted during the first two years of the program in late summer and a list of replacement plants prepared for the Contractor. Replacement
plantings will then be checked in the field once completed by the Contractor.
Replacement plantings are not expected to be needed after Year 2 of the program.
Groundcover success standards will be visually assessed by the monitor in the field.
Botanical Field Monitorinq
Perform the botanical field monitoring program required by the Biological Opinion for the project
twice each year including:
0 Count trees/shrubs over 1-meter in height in ten 20-foot-wide transects located evenly across mitigation areas along their northwest-southeast axis to measure species density
and composition.
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0 Measure all container tree heights in 20-foot transect band to assess vertical height development.
0 Measure canopy cover of all tree and shrub species over 18 inches in height along a line
intercept located at the center of the belt transects used for counting tree species to
measure canopy cover development.
0 Take photographs once annually at the end of the growing season along all ten vegetation monitoring transects.
0 Perform the botanical field data analysis specified in the Conceptual Mitigation Plan and
Biological Opinion to access project success standards.
During Year 1 of the program, Botanical Monitoring will be carried out in the fate summer of 1998 and the late summer of 1999 in order to give the project its maximum chance at meeting final success standards in one year's time. During Year 1 , Native Landscape's project coordinator will interact with resource agency personnel and to negotiate a reduction in botanical monitoring to once a year in late summer at the end of the growing season ,for the final four years of the program. The current cost proposal includes monitoring twiqe each year as
required, but specifies a credit to be applied if the reduced program is accepted:
Annual ReDorts
Prepare required annual reports in the fall of each year according to the time schedule provided
in Native Landscape's initial proposal for the project or an alternative one acceptable to the City/resource agencies. These reports will summarize project progress, present the results of
botanical field surveys, include one set of color photos of all transect photos as well as representative project photos, provided an analysis of project progress compared to success standards, and provide recommended remedial measures. They will be prepared according to the guidelines provided in the Conceptual Mitigation Plan approved for the site.
A draft report will be presented to the City one to two weeks before the final report deadline and final City comments added before finalization of the report for the resource agencies. The report will be sent to the resource agencies by the City's Project Manager. One original and nine
copies of each annual report will be provided to the City.
Resource Agencv Interaction
Orchestrate one resource agency visit to the site in 1998, 1999, and at final project signoff. All other resource agency meetings will be treated as contingency fund expenditures under this
scope of work.
At the e,nd of Year 1 and at the end of the five-year monitoring program, the project coordinator will work with the City's Project Manager to communicate project results to the resource agencies in order to achieve the City's objectives of starting their roadway project at the end of
one year and then obtaining final mitigation project signoff. .
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PamDas Grass Removal Proaram
Pampas grass will be eradicated from a 28-acre area beginning at the lower end of Macario
Canyon and extending to the downstream side of the police rifle range. For an additional fee,
listed as an extra to this contract, Native Landscape will implement a one-time effort to control
additional plants of this species occurring along the ridgeline bordering the property on the slopes adjacent to College Boulevard. Plants will be killed using a combination of hand digging
and herbicide treatments and left in place to decay except for seedlings which can be hand dug. Seed heads will be disposed of off-site.
The control effort will follow the following schedule:
Year 1: Initial removal of flowering heads in 1998.
Initial herbicide eradication starting in March 1998 completed before the start of
the vireo nesting season.
Continue to check the site every two months through November '(4 more times) to eradicate resprouts and seedlings
Year 2: Bi-monthly control visits to hand eradicate pampas grass seedlings and spray resprouts with herbicide in March, May, July; September, and November, as
needed.
Years 3-5: Control visits four times per year in April, June, September, and November.
Cowbird Trarmina Proaram
The trapping program for the brown-headed cowbird (BHCo) for the Macario Canyon Mitigation site will entail the following:
0 . Five brown-headed cowbird traps will be delivered to the Macario Canyon mitigation site on or before March 15 of each contract year and placed as stipulated in the Biological
Opinion.
0 Traps will be baited with 2 male and 3 female cowbirds. A minimum of 2W3f will be
maintained throughout the trapping period barring problems related to trap vandalism. Bait birds will be wing-clipped to minimize their ability to parasitize passerine nests in the event of escape or release.
0 Traps will be checked on a daily basis throughout the trapping period.
0 Protocols relating to provision of food, water, and overall cleanliness of traps will be strictly adhered to.
0 Daily records will be maintained indicating the number, age, and sex of target and non-target species captured.
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0 Non-target species will be released upon identification. Captured cowbird constituting an excess above and beyond the 2d3f ratio will be humanely euthanized and provided to an appropriate individual or facility (e.g. the Peregrine Fund).
0 Daily records will 'constitute the basis of an end of year report summarizing the results of
each year's efforts. Recommendations for ensuing years will be an integral part of each
year's summary report.
0 An accounting will be made of all target and non-target species captured during each contract year.
0 Results of the five-year effort will be summarized in an end of project report.
Three cost proposals have been submitted for the cowbird trapping program. Each differs in cost in a manner directly related to length of the trapping period. At present, the Biological
Opinion for Cannon Road Reach 1 alignment requires cowbird trapping for a total of 185 days (March 15 - September 15). It is our strong recommendation that as a cost saving measure, cowbird trapping be conducted for a lesser amount of time each year. A regime of 154 days (March 15 - August 15) extends beyond the normal nesting period of least Bell's vireo (LBVi) as well as the potentially occurring (but not expected to breed) southwestern willow flycatcher
(Empidonax traillii extimus). Additionally, by August 15 cowbird egg-laying behavior is greatly reduced or non-existent, and capture rates in cowbird traps by-this time of year are quite low. A trapping regime ending on August 15 would not have an adverse effect on LBVi productivity and
only minimally affect removal of cowbirds from the local population.
A third cost proposal based on 123 days of trapping (March 15 - July 15) would further reduce
cost and similarly have no effect on the breeding potential of LBVi. Egg dates later than July 15
for this species are rare.
A possible compromise would be to enact a 154day trapping regime during the first year of the project and document both the breeding activity of LBVi and capture rate of cowbirds between
July 15 and August 15. Duration of the trapping period in Years 2 through 5 could be based upon these results. In the event that cowbirds are captured through and/or beyond a 154-day
regime, the benefits of cowbird removal alone would suggest adherence to the originally
designed 185-day period.
Included in the attached cost proposal are credits which would be applied if either of the monitoring reductions is approved.
Least Bell's Vireo Monitorina Proaram
Monitoring of least Bell's vireo (LBVi) for the Macario Canyon mitigation site will entail the
following:
-.
0 An appropriately permitted biologist (i.e., a biologist in possession of an appropriate
U. S. Fish and Wildlife Service 1OA l(a) permit and an MOU with the California
Department of Fish and Game will perform protocol surveys to detect locations of singing male least Bell's vireo in the vicinity of the project area commencing March 15.
rev. 10122197
20
a 0
0 Surveys will be performed on a weekly basis between March 15 through September 1 of
each contract year and will document localities of detected LBVi.
0 Observations of adult and juvenile LBVi will likewise be documented. Documentation will
include mapping of locales where LBVi have been detected and a brief summary of the time, place and other pertinent information relating to the LBVi observations.
0 Nesting activity will additionally be documented. Documentation of nesting activity will
include plotting of nest locations as well as summaries of the progress and disposition of nests, should any be found.
0 Results of weekly surveys will be maintained on standardized data sheets.
0 Information from weekly data sheets will be used to provide an end of season report
regarding the status and productivity of least Bell's vireo in the vicinity of the Macario
Canyon mitigation site.
GRUBBING
Removal of native shrubs and trees in location of Agua Hedionda Channel Bridge and the
easterly Macario Canyon Bridge abutment. Areas to be grubbed will have all brush and tree limbs removed above grade, chipped and scattered in the areaof impact (not in open water). All
large trees and large debris will be removed from site and disposed of in a dump site. Any trash and debris on site such as tires, bedding, concrete, etc., will be the responsibility of the owner. Property owner will stake limits. Grubbing to occur outside breeding season of endangered
species as appropriate by habitat.
COST
Native Landscape will perform the above scope of work for the following,fixed priced amount.
The Contractor will bill monthly on a time-and-materials basis. It is understood that the cost is for the full five-year program. An annual $5,000 contingency fund to cover unexpected costs is
included. This fund would only be billed after written authorization from the City to Native
Landscape and any amounts used in any year would be replenished for potential use the
following year. If Native Landscape is able to negotiate reduced cowbird or botanical monitoring contracts on behalf of the City, then the amounts deducted from this fixed price contract for
reduced services are provided below.
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rev. 10/22/97
- t 0
YEAR 1 (1998) - Biological Monitoring Program
Pampas Grass Removal Cowbird Trapping Program Vireo Monitoring Program Subtotal
YEAR 2 (1 999)
Biological Monitoring Program Pampas Grass Removal
Cowbird Trapping Program Vireo Monitoring Program
Subtotal
YEAR 3 (2000) Biological Monitoring Program
Pampas Grass Removal
Cowbird Trapping Program Vireo Monitoring Program
Subtotal
YEAR 4 (2001) Biological Monitoring Program
Pampas Grass Removal Cowbird Trapping Program
Vireo Monitoring Program
Subtotal
YEAR 5 (2002) Biological Monitoring Program Pampas Grass Removal Cowbird Trapping Program Vireo Monitoring Program
Subtotal
YEAR 6 (2003)
Biological Monitoring Program
BRIDGE GRUBBING
Contingency (per year @ $5,000)
PROJECT TOTAL .
Fee Reduction for Reduced Year 3-6 Bot. Mon. Program:
Fee Reduction for 154-Day Cowbird Program:
Fee Reduction for 123-Day Cowbird Program:
22
e
$22,800
$66,900 $1 3,400
$4,300 $1 07,400
$1 5,300 $35,675 $1 3,400
$4,500
$68,875
$1 8,750 $31,325
$1 3,425
$4,650 $68,150
$1 8,275
$31,225 $1 3,650
$4,850 $68,000
$1 8,600 $31,225
$14,200
$5,075 $693 00
$1 7,875
$1 8,635
$25,000
$443,035
$1 5,450
$9,500
$1 8,500
rev. 1012297
* 0 0
Additional Cost for Year 1 Off-Site Pampas Grass Control: $3,500
Potential out of scope uses of the contingency fund would include:
1. Additional resource agency meetings beyond the three specified in the scope of work.
2. Extraordinary remedial design or replanting supervision requirements:
a. Major flood, wind, or erosion damage to the site;
b. Monitoring of or recornmendations for Contractor repairs to environmentally sensitive areas outside his designated work area;
c. Extended delays in installation which require additional monitoring hours to coordinate; and
d. Additional soil studies or other outside
3. Additional wildlife surveys outside the current scope of work (e.g., vireo nesting surveys).
4. Additional pampas grass or exotic species eradication in areas adjacent fo the present
wetland corridor control area.
5. Additional invasive exotic weed species in the pampas grass control areas (e.g., tamarisk control).
23
rev. 10/22/97