HomeMy WebLinkAbout1998-06-23; City Council; Resolution 98-2036".
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RESOLUTION NO. 98-203
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO
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 Cannol
6 Road West Project (hereinafter "Project") through a previous City Council action; and
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* required by the mitigation monitoring program for the project; and
WHEREAS, Statements of Qualifications were solicited to perform biological service
9 WHEREAS, City Council selected Native Landscape, Inc., to perform the work in i
IO previous City Council action; and
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WHEREAS, execution of the attached agreement for services complying with the term: 12
WHEREAS, funds are currently available in the project account; and
13 and conditions of the Resource Agency permits will implement the previously certifiec
14 environmental documents; and
WHEREAS, a mutually satisfactory fee for the services has been negotiated; and
15 II WHEREAS, all environmental documents required for this project have had City Counci
l6 I I review and approval.
17 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
l8 California, as follows:
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2. The Amendment No. 1 to agreement with Native Landscape, Inc., for Macaric 20
1. That the above recitations are true and correct.
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Mayor is hereby authorized and directed to execute said agreement. 22
Canyon Wetland Monitoring Program and Exotic Species Removal is hereby approved, and the
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1 3. Following the Mayor's signature of the agreement, the City Clerk is further
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Department, attention: Sherri Howard. 4
9746 Tamarack Lane, Escondido, California 92029, attention: Ardis Peery, and the Engineering 3
authorized and directed to forward copies of said agreement to Native Landscape, Inc.,
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Counci
f.3 11 held on the 23rd day of June , 1998 by the following vote, to wit:
7 AYES: Council Members Lewis, Finnila, Nygaard and Hall
8 NOES: None
9 ABSENT: Council Member Kulchin
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12 CLAmE!'x LEWIS,'blayor w -
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13 ATTEST:
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(jb&' ALETHA? WUTENKmNZ, City Clerk f
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(SEAL)
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AMENDMENT NO. 4 TO AGREEMENT WITH NATIVE LANDSCAPE, INC., FOR MACARIB CANYON
MITIGATION MONITORING PROGRAM AND
EXOTIC SPECIES REMOVAL, PROJECT NO. 3184
This Amendment is entered into and effective as of the 23 rd day of
June , 19998, amending the agreement dated March 9, 1998 by and between the
City of Carlsbad, a municipal corporation, hereinafter referred to as "City", and NATIVE
LANDSCAPE, INC., hereinafter referred to as, "Contractor" for a mitigation design, construction
and monitoring and exotic species removal in Macario Canyon and the Agua Hedionda
Preserve.
RECITALS
WHEREAS, the initial agreement, dated March 9, 1998 identified a scope of work
to perform biological monitoring of construction of a wetland mitigation area, long-term biological
monitoring and reporting; cowbird trapping, long-term monitoring and reporting; least Bell's vireo
monitoring; and grubbing; and
WHEREAS, the parties to this aforementioned agreement desire to alter the
scope of work as follows:
WHEREAS, a supplemental scope of work and fee schedule have been
negotiated and agreed to between the parties hereto, and as shown on Exhibit "A" Scope of
Services and Fee;
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor hereby agree as follows:
1. Contractor shall provide services as outlined on the attached Exhibit "A.
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2. City shall pay Contractor for all work associated with Paragraph 1 above,
on a fixed fee basis not-to-exceed $256,898. Contractor shall provide City on a monthly basis,
copies of invoices sufficiently detailed to include hours performed, hourly rates, and related
activities and costs for approval by City.
3. Contractor shall complete all work outlined on the attached Exhibit “A“ by
December 2006.
4. All other provisions of the aforementioned agreement entered into on
March 9, 1998, by and between City and Contractor shall remain in full force and effect.
5. All requisite insurance policies to be maintained by the Contractor shall
include coverage for the amended assignment and scope of work.
Acknowledged and Accepted:
CONTRACTOR:
N YE LA SCAPE, INC.
B: [Q fb c sign ere -
Ardi Pee /President and Secreta
. (sig ’ her
LA %4/4ilY
DATE ’
(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
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State of California )
) County of San Diego )
On 06/17/98 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 he executed the
same in his authorized capacity, and that by his signature on the instrument the person,
or entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and o fficial seal a BWWARGUAMn
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# COmnbJa, I 1126619 "" # a -5 *(+ (This area for
Signature of Notary official notary seal)
Title or Type of Document Amendment No. 1 To Agreement with Native Landscape, Inc
For Macario Canyon Mitigation Monitoring Program and Exot
Species Removal, Project No. 3184
Date of Document 06-1 7-98 No. of Pages 2
Signer(s) other than named above None
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EXHIBIT “A”
Scope of Work
Native Landscape, Inc. will conduct additional landscape plan revisions, landscape
installation, weed eradication, landscape maintenance, biological construction monitoring, and
long-term biological monitoring associated with Cannon Road Extension Project wetland
mitigation sites A, B, C, and D Project including the following:
Macario Canvon Mitiaation Area
Task 1: Perform Long-Term 5-Year Maintenance for this mitigation site. Work will be
divided into six parts : 1-6 months, 7-12 months, Year-2, Year-3, Year4, Year-5.
It is assumed that:
a. These costs include water and permit fees for the temporary water meter.
b. Site maintenance will commence after the 90-day plant establishment period
c. No weed maintenance or additional seed cost for the coastal sage buffer areas is
included in the scope of work for this task.
d. The scope of work is as specified in the approved mitigation plan for the site to assure
the success of the mitigation plantings.
e. Maintenance costs do not include dead container plant replacements. Any required
container plant replacements will be billed as an extra from the contingency fund.
f. Water cost will be included in the annual maintenance budget only for Year-1. For
Years 2 and 3 it will be listed as an optional item to be billed on an as needed basis.
After Year 3, water cost would be billed out of the contingency funds for the project if
required.
Task 2: Hydroseed the Upland Buffer Areas per plan in the fall of 1998.
Task 3: Eradicate Tamarisk from the Existing Riparian Habitat in the pampas control
area of Macario Canyon during 1998.
Additional Mitiaation Sites 6. C. D
Task 4: Revise the Current Landscape Construction Documents for these three
additional mitigation sites including irrigation and planting plans to assure these
plans are adapted to site ecological conditions. Also, produce a plant quantity lis
for ordering plant materials for the site.
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As part of site evaluation work a total of three soil tests will be performed on sites C and D.
It is assumed that:
a:. These plans do not need to be reviewed or approved by the City of Carlsbad Planning
Department.
b. These plans do not require signature by a Landscape Architect.
c. . Revised plans will not need to be resubmitted to the permitting resource agencies.
d. Revisions to the original project specifications are not required.
e. The City will provide an Autocad version of the originai documents.
NOTE: Installation costs including grading and landscaping will be bid at a later date for
these sites once final revisions are completed.
Task 5: Perform Installation Biological Monitoring for the additional mitigation sites.
Work will be divided in two phases as follows:
a. Sites C/D installed at one time.
b. Site B installed at a later date.
c. Site A - Macario Canyon additional 0.8 acres at one time.
It is assumed that:
a. Sites C & D will be installed in the fall of 1998.
b. Site B will be installed in the fall of 1999 after opening of the Agua Hedionda Channel
Bridge so the Kelly Ranch access road is no longer required.
c. Monitoring will be conducted according to the same scope of work described for the
original contract for the Macario Canyon Wetland areas except no nursery inspection
visits will be made prior to delivery of plants to the site.
Task 6: Perform Long-Term 5-year Maintenance for the mitigation sites. Work will be
divided in two phases as follows:
a. Sites C/D
b. Site B
c. Site A additional 0.8 acres in Macario Canyon.
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It is assumed that:
a. Sites C & D will be installed in the fall of 1998 and maintenance will begin in January of
1999.
b. Site B will be installed in the fall of I999 and maintenance will begin in January of 2000.
C. Site A is installed.
d. Site maintenance will commence after the 90-day plant establishment peFiod.
e. Costs include water and permit fees for the temporary water meter.
f. The scope of work is as required in the approved mitigation plan for the site to assure
the success of the mitigation plantings.
g. Maintenance costs do not include any dead plant replacements. It is assumed plant
replacement costs will be billed as an “extra” if needed out of the contingency funds.
Task 7: Perform Long-Term 5-Year Biological Monitoring for the Mitigation Sites. Work
will be divided in two phases as follows:
a. Sites C/D installed at the same time
b. Site 5 installed at a later date.
The following assumptions are made:
a. It will be possible to start first year monitoring for Sites C & D at the same time as the
second Year-1 monitoring is done for the Macario site in the summer of 1999 (thus both
programs will end at the same time).
b. Botanical Monitoring will be approved for execution once a year for these sites by the
permitting resource agencies before the second annual monitoring would be required
for these sites.
c. The annual reports for these sites will be included as a part of the annual report for the
Macario Canyon site except during the last year of monitoring for Site B.
Task 8: Perform One-Time Herbicide Applications to Control Riparian Woodland
Resprouting in areas already cleared for future road construction for the followins
two sites:
a. Cannon Road Bridge Abutment
b. Cannon Road Wetland Crossing at El Camino Real
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Task 9: Perform Avifaunal Nest Monitoring during vegetation removal for Cannon Road
bridge abutments
a. Nest searches - A preliminary search of the site will be conducted to determine if
nesting behavior within the site has been initiated. Transects will be walked though the
site to search for and potentially discourage nest building activity. Avian breeding
behavior (e.g. courtship, copulation, carrying of nest material) and nest construction
activities will be the focus of monitoring personnel. Avian behavior will also be
obsewed from advantageous locations (e.g. opposite hillside, along the outer edge of
the habitat) on a continual basis to ensure broad coverage of the project area.
b. Nest discouragement - When nests are discovered that are less than or equal to 50%
completion, nest material will be removed. Dismantling nests prior to completion
encourages birds to renest; hopefully out of the project area. Plastic owls or other
avian predator decoys and metallic flagging will be placed appropriately within the
project area to passively discourage nest site selection. All flagging will be removed
immediateiy prior to vegetation clearing. Decoys will be placed daily upon arrival at the
site and removed when the monitor departs the site after each monitoring period.
Task 10: Bridge Grubbing - Removal and chipping of native shrubs and trees in the
Agua Hedionda Channel bridge and Macario Canyon Bridge footprint.
It is understood that these services would be provided, to the degree feasible, concurrently
with those for the existing contract and therefore there will be a cost savings possible through
this process. Costs are broken down on an annual fixed place basis to correspond with the
years already bid for the existing contract.
The general scope of work for these activities will be the same as those described for the rest
of the mitigation acreage in the original contract for this work.
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FEE
Native Landscape, Inc. will provide these services for the following additional fixed price
amounts to be added to our existing annual budgets.
Year 1 (4 998) Macario Canvon Miticration Area
Task 1: Year-1 Site Maintenance 1 st 6-months
2nd 6-months
Task 2: Buffer Hydroseeding
Task 3: Tamarisk Eradication
Task 5: Biological Construction Monitoring for Site A
Additional Mitiaation Sites B. C. D
Task 4: Revise Landscape Construction Documents
Task 5: Biological Construction Monitoring for Site C/D
Task 8: Perform herbicide spraying of:
Additional 0.8 Acres
Cannon Road Bridge Abutment Area
El Camino Bridge for Cannon Road Area
Year 1 Subtotal: Year 2 (1999)
Macario Canvon Mitiaation Area
Task 1: Year-2 Site Maintenance
Optional Water Cost (to be billed only as needed) Task 6: Year-1 Long-Term Biological Monitoring for Site A
Additional 0.8 Acres
Additional Mitiaation Sites B, C, D
Task 5: Biological Construction Monitoring for Site B
Task 6: Year-1 Long-term Maintenance for Site C/D
Task 7: Year-1 Long-term Biological Monitoring for Site C/D
Year 2 Subtotal:
Year 3 (2000) Macario Canvon Mitiaation Area
Task 1: Year-3 Site Maintenance
Optional Water Cost (to be billed only as needed)
Task 6: Year-2 Long-Term Biological Monitoring for Site A
Additional 0.8 Acres Additional Mitiaation Sites B. C. D
Task 6: Year-2 Long-term Maintenance for Site C/D
Task 6: Year-1 Long-term Maintenance for Site B
Task 7: Year-2 Long-term Biological Monitoring for Site C/D
Task 7: Year-1 Long-term Biological Monitoring for Site B
Optional Water Cost (to be billed only as needed)
Year 3 Subtotal:
$1 2,985
$ 9,885
$30,000
$ 400
$ 2,260
$ 3,500
$ 7,480
$ 870
$ 750
$68,040
$ 7,100
$1 0,825
$ 1,230
$ 5,225
$1 2,250
$ 9.435 $46,065
$ 5,800
$1 0,825
$ 2,215
$ 4,500
$ 4,750
$ 2,960
$ 8,250
$ 3.080
$42,380
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Year 4 (2001)
Nlacario Canvon Mitiaation Area
Task 1: Year4 Site Maintenance
Task 6: Year-3 Long-Term Biological Monitoring for Site A
Additional Miticlation Sites B. C. D
Task 6: Year-3 Long-term Maintenance for Site C/D
Optional Water Cost (to be billed only as needed) Task 6: Year4 Longderm Maintenance for Site B
Optional Water Cost (to be billed only as needed)
Task 7: Year-3 Long-term Biological Monitoring for Site C/D
Task 7: Year-2 Long-term Biological Monitoring for Site 8
Additional 0.8 Acres
Year 4 Subtotal:
$ 4,840
$ 2,260
$ 2,700
$ 4,750
$ 1,000
$ 1,160
$ 7,865
$ 2,860 $27,435
Year 5 (2002)
Macario Canvon Mitigation Area
Task 1: Year-5 Site Maintenance $ 4,125
Task 6: Year4 Long-Term Biological Monitoring for Site A
Additional 0.8 Acres $ 2,300 Additional Mitiaation Sites B. 6. D
Task 6: Year4 Long-term Maintenance for Site CID $ 2,300 *
Task 6: Year-3 Long-term Maintenance for Site B $ 1,000
Optional Water Cost (to be billed only as needed) $ 1,160
Task 7: Year4 Long-term Biological Monitoring for Site CID $ 8,195
Task 7: Year-3 Long-term Biological Monitoring for Site B $ 2.640 Year 5 Subtotal: $21,720
Year 6 (2003)
Macario Canvon Miticlation Area
Task 6: Year-5 Long-Term Biological Monitoring for Site A
Additional 0.8 Acres $ 2,350
Additional Miticlation Sites B. C. D
Task 6: Year-5 Long-term Maintenance for Site C/D $ 2,300
Task 6: Year-4 Long-term Maintenance for Site B $ 600
Task 7: Year-5 Long-term Biological Monitoring for Site C/D !s 8,690
Task 7: Year4 Long-term Biological Monitoring for Site B $ 2.750 Year 6 Subtotal: $16,690
Year 7 (2004) Additional Mitiaation Sites B. C. D
Task 6: Year-5 Long-term Maintenance for Site B $ 600
Task 7: Year-5 Long-term Biological Monitoring for Site B $ 7,040
Year 7 Subtotal: $ 7,640
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Task 9: Avifaunal Nest Monitorinq
Daily Fixed Price Billing
0 Half Day for Biological Monitor
0 Full day for Biological Monitor
e Half Day for Wildlife Biologist
Full Day for Wildlife Bioiogist
Task IO: Bridae Grubbinq
One-time lump sum
Contingency: Year 6 Year 7
Total Addendum:
0
$ 170
$ 310
$ 305
Not to Exceed
$ 545
$ 6,650
Not to Exceed $ 10,278
$ 5,000
$ 5,000
$256,898
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