HomeMy WebLinkAbout2008-01-08; Public Financing Authority; 34; Services Agreement for Habitat MaintenanceCARLSBAD PUBLIC FINANCING AUTHORITY - AGENDA BILL 1
AB#
MTG.
DEPT.
34
1/8/08
Recreation
PROFESSIONAL SERVICES AGREEMENT
FOR HABIT A T MAINTENANCE AND
MONITORING FOR THE CROSSINGS
AT CARLSBAD
DEPT. HEAI
CITY ATTY.
CITY MGR. (>«—
RECOMMENDED ACTION:
It is recommended that the Board of Directors for the Carlsbad Public Financing Authority (hereafter
the "Authority") ADOPT RESOLUTION NO. 42 , approving an agreement with Dudek
Environmental and Engineering for long term habitat maintenance and monitoring at The Crossings at
Carlsbad Golf Course ("The Crossings"), Project No. 39722.
ITEM EXPLANATION:
Permits issued by both Federal and State Resource Agencies for the development of The Crossings
Golf Course contained conditions requiring the establishment of a maintenance program for both
created and restored onsite habitat. The permits also included requirements for a five year monitoring
and reporting program to both document the establishment of the habitat as well as measure the
biological viability over time. Since the opening of the course in August, Dudek Environmental and
Engineering has been contracted by the Authority to maintain and monitor the post-construction
phase of the project through the end of calendar year 2007.
Recently, staff prepared a scope of services and sent out a Request for Proposal's (RFP) to several
local firms for the long term maintenance and monitoring of the golf course habitat. The City received
3 proposals and a review committee made up of City staff familiar with the golf course project
evaluated and interviewed the firms representing the best qualified proposals.
Staff recommends Dudek Engineering and Environmental as the monitoring and maintenance
company for The Crossings' habitat areas based on the following best value criteria:
• Responsiveness to the RFP
• Qualifications and experience of staff, including demonstrated technical abilities
• Understanding of the work to be done
• Previous experience and performance on post-construction work that has been completed at
The Crossings since the August '07 opening to present (this includes detailed knowledge of
the existing Crossings' irrigation systems, soils, potential problem areas, etc.)
• Previous success on habitat restoration work on other similar projects including golf courses
• Sensitivity to working around golf operations without disrupting them
• Recent success in dealing with the resource agencies on permit issues at The Crossings
DEPARTMENT CONTACT:Mark Steyaert 760-434-2855 mstey@ci.carlsbad.ca.us
Liz Ketabian 760-434-2978 lketa@ci.carlsbad.ca.us
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
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CONTINUED TO DATE
SPECIFIC
CONTINUED TO DATE
UNKNOWN
RETURNED TO STAFF
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FISCAL IMPACT:
The total contract that Council is being asked to approve is the long term monitoring and maintenance
effort for four and one half years. This will take the habitat monitoring and maintenance through June
2012 - the stipulated period specified in the environmental permits to establish the mitigation areas.
Dudek's fee for the four and one half year scope of work is $1,417,949.
On December 11, 2007, the Authority approved the golf course Operating Budget for calendar year
2008 (Resolution No. 40). The total habitat costs for 2008 were estimated and approved at $700,000
which includes habitat monitoring and maintenance (Dudek), plus water costs and a contingency. This
budget is sufficient to cover Dudek's cost of $380,000 for January through December 2008. Payment
will be made in accordance with the approved annual budget for each of the remaining four and one
half year periods, not to exceed the total four and one half year contract amount of $1,417,949.
ENVIRONMENTAL IMPACT:
On June 7, 2000 the Planning Commission adopted Resolution No. 4772 certifying the Environmental
Impact Report for the Carlsbad Municipal Golf Project and the operation for the golf course. The .
maintenance and monitoring of habitat areas are within the scope of the EIR. Furthermore, the
services and duties outlined in the proposed contract are in compliance with and subject to all
conditions of approval outlined in California Coastal Development Permit No. A-6-CII-00-087, Army
Corps of Engineers Clean Water Act Section 404 Permit No. 972020600-SMJ, California Department
of Fish and Game Section 1601 Streambed Alteration Agreement NO. 5-122-00, and City of Carlsbad
Endangered Species Act Incidental Take Permit No. HMP 04-01.
EXHIBITS:
1. Resolution No. 42 approving an agreement with Dudek Environmental and
Engineering, Inc. for long term habitat maintenance and monitoring for The Crossings at
Carlsbad Golf Course, Project No. 39722.
2. Agreement with Dudek Engineering and Environmental
1 RESOLUTION NO. 42
2 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
CARLSBAD PUBLIC FINANCING AUTHORITY APPROVING A
3 CONTRACT WITH DUDEK ENGINEERING AND
ENVIRONMENTAL FOR MAINTAINANCE AND MONITORING
4 SERVICES FOR THE CROSSINGS AT CARLSBAD.
5
WHEREAS, the Public Financing Authority ("CPFA") requires the professional services
6
of a firm that is experienced in maintaining native habitat restoration and monitoring and
7
reporting services as required by resource agency permits, and;
8
WHEREAS, the CPFA has solicited requests for proposals from several firms and has
9
diligently reviewed each proposal and interviewed the top firms, and;
10
WHEREAS, Dudek Engineering and Environmental ("Contractor") has been deemed
most qualified to perform the work and the best value proposal, and;
1Z*
WHEREAS, the Contractor has submitted a proposal to Authority and has affirmed its
willingness and ability to perform such work.14
WHEREAS, funds are available in the approved 2008 calendar year budget for The
Crossings at Carlsbad to perform the work submitted in the proposal by the Contractor.16
NOW, THEREFORE, BE IT RESOLVED by the Board of the CPFA of the City of
Carlsbad, California, as follows:18
!9 1. That the above recitations are true and correct.
20 2. That the Contractor is hereby awarded the contract for maintenance and
21 monitoring work at The Crossings at Carlsbad and the Chairman of the CPFA is
22 hereby authorized to execute a contract with the Contractor on behalf of the CPFA in
23 the amount of one million four hundred and seventeen thousand nine hundred and
24 forty nine dollars ($1,417,949) in accordance with the approved contract.
25 3. That the Executive Director is hereby authorized to amend the contract in
2" accordance with the provisions of Resolution No. 40 of the CPFA and the approved
27 contract.
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PASSED, APPROVED AND ADOPTED at a Special Meeting of the Carlsbad
Public Financing Authority held on the 8th day of January, 2008, by the following vote to
wit:
AYES: Board Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
PraiiYnan of the Board
ATTEST:
NtlVI. WOOlgjBecretary
AGREEMENT FOR THE CROSSINGS AT CARLSBAD LONG TERM HABITAT
MAINTENANCE, MONITORING, AND REPORTING SERVICES
(Dudek Engineering and Environmental)
THIS AGREEMENT is made and entered into as of the ff day of
^^r- 2007, by and between the CARLSBAD PUBLIC FINANCING
JTHORITY ('fcpFA"), and Dudek Engineering and Environmental, a California
Corporation, ("Contractor").
RECITALS
A. CPFA requires the professional services of a firm that is experienced in
maintaining native habitat restoration and monitoring and reporting services as required
by resource agency permits.
B. Contractor has the necessary experience in providing professional
services and advice related to habitat maintenance monitoring and reporting services.
C. Selection of Contractor is expected to achieve the desired results in an
expedited fashion.
D. Contractor has submitted a proposal to Authority and has affirmed its
willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, Authority and Contractor agree as follows:
1. SCOPE OF WORK
CPFA retains Contractor to perform, and Contractor agrees to render, those services
(the "Services") that are defined in attached Exhibit "A", which is incorporated by this
reference in accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, 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 four and a half (4.5) years
from the date first above written. Upon mutual agreement, the Executive Director of the
CPFA may amend the Agreement to extend it for two (2) additional one (1) year periods
or parts thereof in an amount not to exceed one hundred thousand dollars ($100,000)
per Agreement year. Extensions will be based upon a satisfactory review of Contractor's
performance, CPFA needs, and appropriation of funds by the CPFA. The parties will
prepare a written amendment indicating the effective date and length of the extended
Agreement.
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 Services to be performed during the initial Agreement term
will be not to exceed one million four hundred seventeen thousand nine hundred and
forty nine dollars ($1,417,949). No other compensation for the Services will be allowed
except for items covered by subsequent amendments to this Agreement. The CPFA
reserves the right to withhold a ten percent (10%) retention until CPFA has accepted the
work and/or Services specified in Exhibit "A".
The contract price is a "not to exceed" price. Contractor shall submit actual hours
worked and materials used in a format to be approved by the CPFA with each request
for payment.
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
CPFA. Contractor will be under control of CPFA only as to the result to be
accomplished, but will consult with CPFA as necessary. The persons used by
Contractor to provide services under this Agreement will not be considered employees
of CPFA for any purposes.
The payment made to Contractor pursuant to the Agreement will be the full and
complete compensation to which Contractor is entitled. CPFA will not make any federal
or state tax withholdings on behalf of Contractor or its agents, employees or
subcontractors. CPFA 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 CPFA within thirty (30) days for any tax,
retirement contribution, social security, overtime payment, unemployment payment or
workers' compensation payment which CPFA 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 CPFA's election, CPFA may deduct the indemnification amount
from any balance owing to Contractor.
7. PREVAILING WAGES TO BE PAID
The general prevailing rate of wages for each craft or type of worker needed to execute
the maintenance portion of the contract shall be those as determined by the Director of
Industrial Relations pursuant to Sections 1770, 1773 and 1773.1 of the Labor Code.
Pursuant to Section 1773.2 of the Labor Code, a current copy of the applicable wage
rates is on file in the Office of the CPFA Engineer. The contractor to whom the contract
is awarded shall not pay less than the said specified prevailing rates of wages to all
workers employed by him or her in execution of the contract.
8. SUBCONTRACTING
The CPFA understands that Contractor will subcontract with MRS, Inc. to assist in
completing the maintenance work. Contractor will not subcontract any other portion of
the Services without prior written approval of CPFA. As to any of the subcontract
services, the Contractor will be fully responsible to CPFA 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 CPFA. Contractor
will be responsible for payment of subcontractors. Contractor will bind every
subcontractor and every subcontractor, including MRS, Inc. of a subcontractor by the
terms of this Agreement applicable to Contractor's work unless specifically noted to the
contrary in the subcontract and approved in writing by CPFA.
9. OTHER CONTRACTORS
The CPFA reserves the right to employ other Contractors in connection with the
Services.
10. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City of Carlsbad (City) and their
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 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 the City
of Carlsbad incurs or makes to or on behalf of an injured employee under the City of
Carlsbad's self-administered workers' compensation is included as a loss, expense or
cost for the purposes of this section, and that this section will survive the expiration or
early termination of this Agreement.
11. 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.
11.1 Coverages and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below.
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.
11.1.1 COMMERCIAL GENERAL LIABILITY INSURANCE (GL)
$1,000,000 combined single limit per occurrence for bodily injury, personal injury and
property damage.
11.1.2 BUSINESS AUTOMOBILE LIABILITY INSURANCE
$1,000,000 combined single limit per accident for bodily injury and property damage,
covering "Any Auto", or "Owned, Hired and Non-Owned". "Hired and Non-Owned" is
acceptable if the Contractor does not own vehicles (this coverage can be by
endorsement to the GL policy as well).
11.1.3 WORKERS COMPENSATION AND EMPLOYER'S LIABILITY. Workers'
compensation limits as required by the California Labor Code.
PROFESSIONAL LIABILITY INSURANCE
$1,000,000 per claim.
11.2 Additional Provisions.
The general liability and auto liability insurance shall be placed with an insurer that is an
admitted carrier in California with a rating in the most recent Best's Key Rating guide of
at least A-:VII, 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.
Professional liability insurance must be maintained and evidence of insurance must be
provided for at least three (3) years after completion of the contract of work.
Contractor will ensure that the policies of insurance required under this Agreement
contain, or are endorsed to contain, the following provisions:
11.2.1 On the general liability policy, the City, its officials, employees and volunteers
are additional insureds as respects liability arising out of work or operations performed
by or on behalf of the Contractor.
11.2.2 The insurance will be in force during the life of the Agreement and any
extensions of it and will not be canceled without ten (10) days prior written notice to City
sent by certified mail pursuant to the Notice provisions of this Agreement.
11.2.3 Prior to City's execution of this Agreement, Contractor will furnish certificates of
insurance and endorsements to City.
11.3 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.
11.4 Submission of Insurance Policies.
City reserves the right to require, at anytime, complete and certified copies of any or all
required insurance policies and endorsements.
12. 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.
13. 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 CPFA 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.
14. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors
pursuant to this Agreement is the property of CPFA. 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 CPFA.
Contractor will have the right to make one (1) copy of the work product for Contractor's
records.
15. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in CPFA
and Contractor relinquishes all claims to the copyrights in favor of CPFA.
16. NOTICES
The name of the persons who are authorized to give written notices or to receive written
notice on behalf of CPFA and on behalf of Contractor under this Agreement.
For CPFA: For Contractor:
Name Name
Title Title SigWeiT nv^cJT /U <V*s
Address
CPFA of Carlsbad ^rmGiTA^ OA
Address Phone No. 1(/Q 4-7*1
Carlsbad. CA 92008
Phone No.
Copy to: City of Carlsbad
Name
Title
Address
Carlsbad. CA 92008
Phone No.
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.
17. CONFLICT OF INTEREST
CPFA will evaluate Contractor's duties pursuant to this Agreement to determine whether
disclosure under the Political Reform Act and CPFA's Conflict of Interest Code is
required of Contractor or any of Contractor's employees, agents, or subcontractors.
Should it be determined that disclosure is required, Contractor or Contractor's affected
employees, agents, or subcontractors will complete and file with the CPFA Clerk those
schedules specified by CPFA and contained in the Statement of Economic Interests
Form 700.
Contractor, for Contractor and on behalf of Contractor's agents, employees,
subcontractors and consultants warrants that by execution of this Agreement, that they
have no interest, present or contemplated, in the projects affected by this Agreement.
Contractor further warrants that neither Contractor, nor Contractor's agents, employees,
subcontractors and consultants have any ancillary real property, business interests or
income that will be affected by this Agreement or, alternatively, that Contractor will file
with the CPFA an affidavit disclosing this interest.
18. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and
regulations which in any manner affect those employed by Contractor, or in any way
affect the performance of the Services by Contractor. Contractor will at all times observe
and comply with these laws, ordinances, and regulations and will be responsible for the
compliance of Contractor's services with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act
of 1986 and will comply with those requirements, including, but not limited to, verifying
the eligibility for employment of all agents, employees, subcontractors and consultants
that the services required by this Agreement.
19. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations
prohibiting discrimination and harassment.
20. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following
procedure will be used to resolve any questions of fact or interpretation not otherwise
settled by agreement between the parties. Representatives of Contractor or CPFA will
reduce such questions, and their respective views, to writing. A copy of such
documented dispute will be forwarded to both parties involved along with recommended
methods of resolution, which would be of benefit to both parties. The representative
receiving the letter will reply to the letter along with a recommended method of
resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be forwarded to the CPFA
Executive Director. The CPFA Executive Director 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 CPFA Executive Director will be binding upon the parties
involved, although nothing in this procedure will prohibit the parties from seeking
remedies available to them at law.
21. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services,
CPFA may terminate this Agreement for nonperformance by notifying Contractor by
certified mail of the termination. If CPFA decides to abandon or indefinitely postpone
the work or services contemplated by this Agreement, CPFA may terminate this
Agreement upon written notice to Contractor. Upon notification of termination,
Contractor has five (5) business days to deliver any documents owned by CPFA and all
work in progress to CPFA address contained in this Agreement. CPFA will make a
determination of fact based upon the work product delivered to CPFA and of the
percentage of work that Contractor has performed which is usable and of worth to
CPFA in having the Agreement completed. Based upon that finding CPFA will
determine the final payment of the Agreement.
Either party upon tendering ninety (90) days written notice to the other party may
terminate this Agreement. In this event and upon request of CPFA, Contractor will
assemble the work product and put it in order for proper filing and closing and deliver it
to CPFA. Contractor will be paid for work performed to the termination date; however,
the total will not exceed the lump sum fee payable under this Agreement. CPFA will
make the final determination as to the portions of tasks completed and the
compensation to be made.
22. 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, CPFA will have the right to
annul this Agreement without liability, or, in its discretion, to deduct from the Agreement
price or consideration, or otherwise recover, the full amount of the fee, commission,
percentage, brokerage fees, gift, or contingent fee.
23. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to
CPFA 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 CPFA, 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 CPFA seeks to recover penalties pursuant to the False Claims Act, it is
entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges
that the filing of a false claim may subject Contractor to an administrative debarment
proceeding as the result of which Contractor may be prevented to act as a Contractor
on any public work or improvement for a period of up to five (5) years. Contractor
acknowledges debarment by another jurisdiction is grounds for CPFA to terminate this
Agreement.
24. 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.
25. SUCCESSORS AND ASSIGNS
8
It is mutually understood and agreed that this Agreement will be binding upon CPFA
and Contractor and their respective successors. Neither this Agreement or any part of it
nor any monies due or to become due under it may be assigned by Contractor without
the prior consent of CPFA, which shall not be unreasonably withheld.
26. ENURE AGREEMENT
This Agreement, together with any other written document referred to or contemplated
by it, along with the purchase order for this Agreement and its provisions, embody the
entire Agreement and understanding between the parties relating to the subject matter
of it. In case of conflict, the terms of the Agreement supersede the purchase order.
Neither this Agreement nor any of its provisions may be amended, modified, waived or
discharged except in a writing signed by both parties.
27. 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 terms and conditiorogTof this Agreement.
CONTRACTOR Carl
*B
^ ^ •.Dudek
Frank Dudek
(print name/title) president ATTEST:
(e-mail address)
(sujri here) V
June Collins
(print name/ti
^/ORRAIN^JM. WOO/5)
/CPFA Secretary ^4^^?^r-?/^ **<%'-r^:"^- CO • wOudek .'•2 =
(e-mail address)
If required by CPFA, 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.
*Group 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(s) signing to bind the
corporation.
APPROVED AS TO FORM:
I. BALL, City Attorney
Ooputy-City Attorney
10
The Crossings at Carlsbad
Mitigation Maintenance, Monitoring and Reporting Services
Scope of Work
PROJECT BACKGROUND
The Crossings at Carlsbad golf course began construction in October 2005 and was completed in
July 2007. The long term monitoring period began as of July 1, 2007. The project is owned by
the City of Carlsbad. Kemper Sports operates the golf course and has overall project
management responsibilities that include managing this contract.
This scope of work provides assistance to the City of Carlsbad for Diegan coastal sage scrub
(CSS) and wetlands mitigation maintenance and monitoring in accordance with the Carlsbad
Golf Course Conceptual Mitigation Plans and as specified herein. The maintenance and
monitoring protocol for upland mitigation areas will generally follow the procedures as outlined in
the Revised Mitigation Plan Carlsbad Municipal Golf Course (Appendix A, as attached in the
original request for proposal for this contract), HDR, January 2005) and as specified herein.
Wetland mitigation maintenance and monitoring generally follows the procedures as outlined in the
Revised Golf Course Riparian Mitigation Plan (Appendix B, as attached in the original request for
proposal for this contract, P&D Environmental, December 2003) and as specified herein. These
documents are collectively referred to as the "Mitigation Plans". Interim and final mitigation
performance criteria are defined in the Mitigation Plans. This scope is not entirely consistent with
the Mitigation Plans. Where conflicts occur between this scope of work and the Mitigation Plans,
this scope of work shall take precedence.
Mitigation areas are identified in accordance with the As-Built Mitigation Plan (Appendix C, as
attached in the original request for proposal for this contract). The monitoring and maintenance
work to be performed pertains to the following mitigation areas of the golf course parcel:
• Upland mitigation areas that comprise 40.21 non-contiguous acres of the project
mitigation for the golf course project. Of this total mitigation acreage, approximately 30
acres are comprised of open space land that is under Active Habitat Restoration. The
remaining approximately 10 acres of Passive Mitigation Area currently support native
vegetation that will be qualitatively monitored throughout the contract period. All areas
are to be maintained throughout the contract period, but Passive Mitigation Areas will
require limited maintenance services while Active Restoration areas require full
maintenance services as defined herein.
• Wetlands mitigation area is comprised of 6.94 non-contiguous acres in Macario Canyon.
All wetlands areas require full maintenance and monitoring services as defined herein.
This contract establishes the contractor as the Project Biologist for the contract period to perform
all monitoring and reporting requirements of the contract, and provide technical biological,
November 2007
The Crossings at Carlsbad
Mitigation Maintenance, Monitoring and Reporting Services
Scope of Work
habitat restoration, and permit consultation to the City of Carlsbad. The contractor shall perform
all maintenance activities and contractor responsibilities as defined herein. The City of Carlsbad
(City) is the permit holder and owner of the project, and reserves all rights to exercise sole
authority over the project with regard to approval of Project Biologist recommendations, to
establish the cause of project deficiencies, and assess liquidated damages, when appropriate.
Resource Agency Permits
The following permits have been issued by resource agencies and implementation of the
mitigation program is subject to these regulatory authorities. Copies of these permits are
provided in Appendix D, as attached in the original request for proposal for this contract.
• California Coastal Commission Coastal Development Permit
• California Department of Fish and Game Streambed Alteration Agreement
• U.S. Army Corps of Engineers 404 Permit
• City of Carlsbad HMP and CUP.
Minimum Contractor Qualifications
The Contractor firm shall have previous experience with habitat restoration projects of similar
size and scope directly related to coastal sage scrub restoration and wetlands creation and
enhancement. Contractor firm shall have performed long term biological monitoring services for
a minimum of 8 years on at least five separate projects encompassing a minimum total of 30
acres of coastal sage scrub restoration. Contractor firm shall have performed long term biological
monitoring services for a minimum of 5 years on at least two separate projects encompassing a
minimum of 10 acres of wetlands creation and enhancement. Contractor firm shall have a
minimum of three mitigation projects that have been accepted and signed-off by at least two of
the following local resource agencies: U.S. Army Corps of Engineers (USACOE, Rancho
Bernardo office); California Department of Fish and Game (CDFG, San Diego office), California
Coastal Commission (CCC, San Diego office), Regional Water Quality Control Board
(RWQCB, San Diego office), and U.S. Fish & Wildlife Service (USFWS, Carlsbad office). The
contractor firm shall have staff expertise in resource agency permitting including U.S Army
Corps of Engineers Section 404 permits, California Department of Fish and Game Section 1601
Streambed Alteration Agreements, California Coastal Commission Coastal Development
Permits, and U.S. Fish & Wildlife Service Endangered Species Act take authorization permits.
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 restoration
November 2007
The Crossings at Carlsbad
Mitigation Maintenance, Monitoring and Reporting Services
Scope of Work
process. The project manager shall possess a minimum of 8 years experience working with
coastal sage scrub restoration projects and a demonstrated track record of successful restoration
projects: minimum of 5 projects accepted by the permitting agencies listed above.
Minimum Contractor Qualifications
The Contractor shall possess a State of California C-27 landscape contractor's license, a valid
Pest Control Business license, and a valid Qualified Applicators License with Aquatic (F) and
Right of Way (C) categories. The Contractor shall be able to provide documentation of previous
experience with habitat restoration projects of similar size and scope directly related coastal sage
scrub restoration and wetlands creation and enhancement. The Contractor shall have successfully
performed mitigation maintenance services for a minimum of 5 years on at least three separate
projects encompassing a minimum of 15 acres of coastal sage scrub restoration and on at least
two separate projects encompassing a minimum of 15 acres of wetlands creation and
enhancement. The Contractor shall have a minimum of three mitigation projects that have been
accepted and signed-off by at least two of the following local resource agencies: U.S. Army
Corps of Engineers (USACOE, Rancho Bernardo office); California Department of Fish and
Game (CDFG, San Diego office), California Coastal Commission (CCC, San Diego office),
Regional Water Quality Control Board (RWQCB, San Diego office), and U.S. Fish & Wildlife
Service (USFWS, Carlsbad office). The Contractor shall be knowledgeable of resource agency
permits issued under the U.S Army Corps of Engineers Section 404 of the Clean Water Act,
California Department of Fish and Game Streambed Alteration Agreements under Section 1601
of Fish & Game Code, California Coastal Commission Coastal Development Permits, and U.S.
Fish & Wildlife Service Endangered Species Act take authorization permits.
The Contractor shall provide at least one English-speaking superintendent and one on-site
foreman that have direct project experience with long term maintenance of coastal sage scrub
restoration and wetlands creation and enhancement projects. The foreman shall be thoroughly
familiar with all aspects of mitigation maintenance work including the following areas of
specific maintenance knowledge and certifications that are considered mandatory for this project:
• Ability to identify upland and wetland native and non-native species in seedling and
mature stages of growth development
• Knowledge of a range of weed control methods including manual removal, chemical
applications (various application techniques), and mechanical options
• Qualified Applicator's License with Aquatic (F) and Right of Way (C) categories
• Knowledge and practical understanding of Best Management Practices
November 2007
The Crossings at Carlsbad
Mitigation Maintenance, Monitoring and Reporting Services
Scope of Work
• Knowledge of coastal sage scrub vegetation annual growth and dormancy cycles and
water requirements.
MONITORING AND REPORTING SCOPE OF WORK
Contract period and Frequency of Monitoring
The contract shall begin January 1, 2008 and end on June 30, 2012. Monitoring shall consist of
qualitative and quantitative monitoring as defined herein
• Monthly monitoring shall be performed from January through June 2008.
• Quarterly monitoring will be performed for the balance of the contract period.
Meetings and Project Coordination
The Contractor shall act as Project Biologist and be responsible for coordinating all meetings
during the contract period, and prepare agenda and minutes for review and approval by City
staff. The Contractor shall meet with the other parties involved with the mitigation project at a
minimum, as follows:
• Pre-Maintenance kick-off meeting with contractor, City of Carlsbad staff, and Kemper
Sports to review communication protocol, project permits, approved conceptual
mitigation plans, contractor scope of work, and specific site issues. This meeting will
include a comprehensive review of all mitigation areas on the golf course.
• Quarterly meetings with the City of Carlsbad staff and Kemper Sports during the contract
period to update staff on issues related to project and contractor performance, remedial
measures, budget, coordination with the golf course operator, etc.
• Quarterly meetings with the contractor and Kemper Sports during the contract period to
coordinate changes to the overall maintenance regime, specific problem areas, irrigation
schedule, weed control, and to prioritize work items to promote timely completion of the
work to be performed.
• Resource Agency site meeting to review mitigation areas for final acceptance and sign-
off. Contractor shall initiate a resource agency sign-off meeting and procedures with
sufficient time to obtain sign-off by the end of the contract period.
As Project Biologist, the contractor shall be responsible for coordination with the City of
Carlsbad and Kemper Sports regarding maintenance activities and remedial actions to be
performed and implemented by the contractor in response to project needs as these arise during
November 2007
The Crossings at Carlsbad
Mitigation Maintenance, Monitoring and Reporting Services
Scope of Work
the contract period. The Contractor shall provide to the city all technical expertise needed during
interactions with the resource agencies.
Coastal Sage Scrub and Wetland Mitigation Monitoring
Contractor will conduct the required biological monitoring during the contract period for
approximately 40.21 acres of CSS mitigation as shown on the As-Built Mitigation Plan (Appendix
C, as attached in the original request for proposal for this contract). Upland mitigation areas consist
of 30 acres of Active Habitat Restoration and approximately 10 acres of Passive Mitigation. Active
Habitat Restoration areas shall be qualitatively and quantitatively monitored throughout the contract
period. Passive Mitigation areas shall be only qualitatively monitored to assess the effectiveness of
maintenance activities that are limited to weed control and trash removal within these areas. The
monitoring protocol will generally follow the procedures as outlined in the Revised Mitigation Plan
Carlsbad Municipal Golf Course (Appendix A, as attached in the original request for proposal
for this contract), HDR, January 2005) and as specified herein.
Contractor will conduct the required biological monitoring during the contract period for 6.94 acres
of wetland creation and enhancement mitigation located in Macario Canyon and as depicted on the
As-Built Mitigation Plan (Appendix C, as attached in the original request for proposal). Wetland
mitigation monitoring will be conducted generally as outlined in the City of Carlsbad Revised Golf
Course Riparian Mitigation Plan (P&D Environmental, December 2003) and as specified herein.
Qualitative Mitigation Monitoring
Two goals are to be achieved through qualitative monitoring to be performed by the Contractor:
1. Evaluation and determination of habitat survival, health, and establishment relative to
established performance criteria as defined in the Mitigation Plans.
2. Observation, evaluation, and determination of the adequacy of contractor activities as
defined in the maintenance scope of work to promote emerging native habitat to reach
specified performance goals.
Qualitative monitoring shall consist of visual inspection of all mitigation areas to make
observations of vegetation growth and establishment, and subjective determinations about the
success of the mitigation program relative to established performance criteria that are contained
in the approved Mitigation Plans and as defined herein.
In the first year of monitoring ending June 30, 2008, the Contractor shall evaluate seed
germination and seedling and container plant survival throughout all Active Habitat Restoration
November 2007
The Crossings at Carlsbad
Mitigation Maintenance, Monitoring and Reporting Services
Scope of Work
areas to determine the initial success of the restoration effort. The Contractor shall evaluate weed
growth and weed control efforts within Passive Mitigation areas. The Contractor shall make
recommendations for remedial actions to be implemented by the contractor either immediately or
in fall 2008. Thereafter, on each site visit and within all mitigation areas, the Contractor shall
observe native and non-native vegetation growth, species diversity, native and non-native
vegetation cover, native species recruitment, soil moisture, trash, pests, slope stability and
surface erosion issues, irrigation system operation, wildlife use of habitat, etc. Contractor shall
assess the mitigation areas in summer of each year and formulate remedial recommendations, as
appropriate, to be implemented the following fall season.
The Contractor shall evaluate the performance of the contractor for compliance with the
Maintenance Scope of Work including, but not limited to:
• Effectiveness of weed control techniques (manual, mechanical, and chemical), intensity
(crew size), and timing of work relative to the life cycle (growth and seed set) of plant
species to be controlled
• Appropriate use of chemicals and application methods
• Trash collection
• Pest control
• Erosion control
• Irrigation maintenance, operation, and scheduling
• Implementation of remedial actions, as specified.
Contractor shall review and approve all materials proposed by the contractor to be used to
implement recommended remedial actions including, but not limited to the review of proposed
seed mixes, container plant orders, etc. Contractor shall be responsible for coordination with the
contractor for maintenance issues that are observed during qualitative monitoring site visits.
Quantitative Mitigation Monitoring
Quantitative monitoring shall be performed once per year beginning in May 2008 and each May
thereafter to collect statistical data that can be analyzed and compared against established
quantified performance standards. Fifty-six (56) permanent 25-meter transect monitoring
locations (42 in uplands and 14 in wetlands mitigation areas) have been established across the
mitigation sites to facilitate vegetative data collection. Transect locations are shown on the As-
Built Mitigation Plan (Appendix C, as attached in the original request for proposal for this
contract).
6 November 2007
The Crossings at Carlsbad
Mitigation Maintenance, Monitoring and Reporting Services
Scope of Work
The line intercept sampling method will be used to determine the amount of native and non-
native vegetation cover achieved. Data obtained from transect monitoring will be analyzed using
appropriate statistical methods to determine, at a minimum, percent native cover and non-native
cover by vegetative strata (herb, shrub, and tree layers), percent bare ground/duff, species
diversity, and percent cover by species as specified by Table 10 of the upland Mitigation Plan).
Sampling shall be conducted with sufficient replication to detect a 10% difference in absolute
percent cover between the success criterion and the estimated cover within various identified
habitat types and species. Power analysis shall be performed to verify data on restoration sites
with 90% cover with an alpha equal 0.10. Additional transects may be required if the power
analysis does not verify statistical validity. Additional transects, if any, shall be included in the
contract. Quadrat sampling is specifically omitted from this scope of work.
Reporting Requirements
The reporting component of the mitigation monitoring program shall include the following
components:
• Site observation reports for each qualitative site visit (see detailed requirements below).
• Digital photo documentation of key activities and events during the contract period.
• Digital photo documentation of mitigation sites from permanent photo stations and
transect locations. These images shall be recorded at each qualitative site visit.
• Separate annual monitoring reports for uplands and wetlands mitigation areas, as
described below.
Site observation reports shall be prepared that provide a listing of outstanding maintenance
issues observed during each qualitative monitoring site visit. The report shall include
recommended corrective actions the contractor must implement to address identified issues.
Locations of maintenance issues and proposed remedial actions shall be cross-referenced to an
11x17 (minimum) site plan to illustrate the location and extent of maintenance issues and
recommended corrective actions. Site observation reports shall be submitted in draft and final
versions to the City of Carlsbad and Kemper Sports within 5 business days of the corresponding
site visit and no more than 5 days after receiving review comments. Once finalized, the
contractor shall deliver the site observation report to the contractor with 2 business days of report
finalization.
Separate annual monitoring reports shall be prepared for upland and wetland mitigation areas for
each year of monitoring. This contract includes annual upland and wetland mitigation
monitoring reports for the first year monitoring that ends June 30, 2007 and all subsequent
November 2007
2-7
The Crossings at Carlsbad
Mitigation Maintenance, Monitoring and Reporting Services
Scope of Work
reports through the end of the five-year monitoring period including the fifth-year monitoring
reports. Annual monitoring reports shall be submitted separately for wetlands and uplands
mitigation areas to the appropriate resource agencies. The wetlands mitigation annual report shall
be submitted to the USACOE, CDFG, CCC, and City of Carlsbad Planning Department. The
annual monitoring report format and content for wetlands mitigation shall follow the reporting
requirements as defined in the USACOE guidelines for mitigation projects. The reports shall
include color photographs that are representative of the overall mitigation site and color
photographs of each transect location. At a minimum, the reports shall provide a discussion of
key events that occurred over the course of the monitoring period, maintenance activities,
remedial actions and other information that is pertinent to the mitigation process. The reports
shall present the quantitative data and a comparison of data to performance criteria. An analysis
of project success to date shall be provided.
The uplands mitigation annual report shall be submitted to CCC, City of Carlsbad, Kemper
Sports, and USFWS. The report shall follow a format and content similar to the wetlands
mitigation report, but may deviate from the USACOE guidelines in order to appropriately
present data for the upland habitat restoration sites. Photographs, as described above shall be
included in the annual uplands mitigation report.
Appendices for both reports shall include the data sheets of raw quantitative data collected for
each transect and a list of plant species observed on site.
Annual monitoring reports shall be submitted in draft and final versions to the City of Carlsbad
and Kemper Sports. Draft reports shall be submitted for review no later than August 1 of each
monitoring year. Final annual monitoring reports shall be submitted no more than 15 days after
receiving City review comments. Once finalized, the contractor shall deliver the final annual
monitoring reports to the City and Kemper Sports as PDF files on Compact Disk media, and
shall provide eight hard bound copies to the City.
Contractor shall provide to the City digital photo (JPEG) files of all digital photo documentation
collected during the monitoring year in DVD disk format separately with each annual report.
8 November 2007
Z-2-
The Crossings at Carlsbad
Mitigation Maintenance, Monitoring and Reporting Services
Scope of Work
Gnatcatcher Monitoring
Mitigation for coastal sage scrub impacts is intended to mitigate impacts to California
gnatcatcher, a Federally-listed, Threatened Species. A pre-construction survey that predates the
initiation of construction established the number of birds on site and project impacts that were
anticipated from the proposed golf course construction footprint. This task provides for a post-
construction gnatcatcher survey to determine the location of use areas and identify post-
construction gnatcatcher population trends on site. The survey data will document gnatcatcher
use of mitigation areas, if any as habitat becomes established.
This gnatcatcher monitoring program is sufficient to determine the total number of pairs and
individuals on site during each breeding season. It is expected that the monitoring program will
provide a conservative estimate of reproductive success that is adequate to define the beneficial
effect of the mitigation program. The monthly monitoring frequency is not intended to determine
the exact reproductive success of each breeding pair.
All monitoring shall be conducted by qualified gnatcatcher biologist(s) that possess a 10A permit
from the USFWS. The Contractor shall conduct monthly monitoring visits from March through
July of each monitoring year during the contract period (5 total site visits per calendar year). The
survey area shall include all existing habitat that is suitable for California gnatcatcher and all
coastal sage scrub mitigation areas (approximately 175 acres, combined acreage for existing on-
site habitat and mitigation lands). Survey methods employed shall not include the use of taped
vocalizations to avoid harassment of the species during the breeding season. Surveys shall
involve observations aided by the use of binoculars. Biologist(s) shall survey on foot following
golf course cart paths and, where necessary, a circuitous route through larger habitat areas, to
detect all gnatcatchers present on site. Each pair or individual shall be observed long enough to
determine the current breeding activity that may include foraging, nest building, feeding
nestlings, and tending to fledges. Egg and nestling counts shall be made opportunistically, as
appropriate, and without harm to birds, nestlings, fledges and nests. Any observed parasitism by
brown-headed cowbird will be recorded for inclusion in the gnatcatcher survey report and the
brown-headed cowbird trapping report.
A gnatcatcher monitoring report shall be prepared to document the findings of the completed
breeding season and compare data against pre-construction survey results, as appropriate. The
report shall include a map of all detected gnatcatcher pairs and individuals and a chronological
account for each breeding pair that documents nest attempts and outcomes. The contract shall
include all correspondence to the USFWS regarding 10A permit requirements. The report shall
be submitted no later than October 15 of each year. The report shall be delivered to the City in
digital PDF format on compact disk media and eight (8) hard bound copies.
9 November 2007
777e Crossings at Carlsbad
Mitigation Maintenance, Monitoring and Reporting Services
Scope of Work
Brown-Headed Cowbird Trapping
Contractor shall provide brown-headed cowbird (BHCO) trapping services for the Carlsbad Golf
Course as required by the Mitigation Plan. Personnel engaged in the BHCO trapping program
shall be qualified to perform the task and have previous experience with trapping protocols,
native avian species identification, and BHCO program reports. Although the conceptual plan
indicates that five cowbird traps should be operated, this scope of work implements a four-trap
program through the contract period. Two modified Australian crow traps (cowbird traps) will be
provided by the City of Carlsbad to accomplish this work. The contractor shall furnish two
additional traps that match existing traps in design and materials as part of this contract. The
traps will be stored at the golf course maintenance facility during non-operational periods. Trap
locations have been established near Bridges B and C as depicted on the As-Built Mitigation
Plan (Appendix C, as attached in the original request for proposal for this contract). Two
additional trap locations are shown on the As-Built Mitigation Plan. These locations are
approximate and shall be finalized by the Project Biologist at locations close to these shown on
the plan with accommodations made for flow of golf play, worker safety, and effectiveness of
cowbird trapping.
The cow bird trapping program shall include the following services:
The Contractor shall manage the trapping program so that it fully complies with federal and state
regulations. Contractor shall provide bait BHCO for the traps, food, water, and monitor the traps
daily (Monday through Friday) during the trapping period. The traps will be closed on Friday
afternoons through Sunday and reopened on the following Monday morning. The two traps
located in the riparian area shall be operated from May through August of each trapping season.
The two traps in uplands area shall be operated from March through July of each trapping
season. Non-target birds will be released and target species will be humanely euthanized and
disposed of.
Contractor shall report the methods, results and findings in an annual BHCO trapping report. The
report will be submitted no later than October 15 of each year. The report shall include a table of
all BHCO captured, non-target birds by species captured and released, and non-target bird
mortality by species, provide a summary of adult and juvenile BHCO captured, and a discussion
of the trapping effort in general. An assessment of on-site BHCO reproductive success shall be
provided and correlated to any observed on-site parasitism. A list of recommendations will also
be discussed. The report shall be delivered to the City in digital PDF format on compact disk
media and eight (8) hard bound copies.
10 November 2007
The Crossings at Carlsbad
Mitigation Maintenance, Monitoring and Reporting Services
Scope of Work
MAINTENANCE SERVICES SCOPE OF WORK
Contract period
The contract shall begin when executed by the City of Carlsbad and end on June 30, 2012.
Maintenance Work shall be performed continuously through the contract period as specified
herein. The contract completion date shall be extended, when in the opinion of the Project
Biologist, improper and/or inadequate Maintenance Work has been provided by the contractor
that has resulted in poor native vegetation growth, plant establishment, and/or lack of native
seedling recruitment.
Contractor Responsibilities and Liquidated Damages
The Mitigation Maintenance Work under this Contract includes all labor, transportation,
materials, tools, equipment, facilities, mobilization, and services necessary for, and incidental to,
performing all operations in connection with furnishing, delivery, and installation of "Mitigation
Maintenance Work" complete as specified herein.
If the ultimate performance standards are not achieved during the five-year monitoring period,
the Contractor shall be financially responsible for 1) compensation for City staff and Project
Biologist time and materials associated with non-compliance with this scope of work and
supporting documentation (Appendices); 2) additional time and materials required by the
Contractor, City (e.g., water costs) and/or Project Biologist, 3) additional maintenance costs
associated with executing the work specified herein in a timely manner; and/or 4) time and
materials for City staff and Project Biologist associated with unnecessary efforts (e.g. late or
missed appointments, schedule site reviews with incomplete maintenance work, etc.). All costs
related to these responsibilities will be deducted from the total contract amount. The Contractor
shall not be responsible for "Acts of God" that are beyond the Contractors control such as fire
and freezing temperatures. Damage to mitigation areas caused by natural conditions that can be
controlled and/or mitigated by the Contractor such as drought, Santa Ana winds, pests and
disease shall be the Contractor's responsibility.
In addition, for each consecutive calendar day Contractor is non-compliant with weed control
and/or irrigation standards of this scope of work, the Contractor shall pay the Agency, or have
withheld monies due it, $1,000.00 per day. Execution of the Contract shall constitute agreement
by the Agency and Contractor that $1,000.00 per day is the minimum value of costs and actual
damages caused by the Contractor to complete the Work within the allotted time. Any progress
payments made after the specified completion date shall not constitute a waiver of this paragraph
or of any damages.
11 November 2007
The Crossings at Carlsbad
Mitigation Maintenance, Monitoring and Reporting Services
Scope of Work
Meetings and Project Coordination
The Contractor (superintendent and on-site foreman) shall attend meetings during the contract
period at a minimum, as follows:
• Pre-Maintenance kick-off meeting with Project Biologist, City of Carlsbad, and Kemper
Sports to review communication protocol, project permits, approved conceptual
mitigation plans, contractor scope of work, and specific site issues. This meeting will
include a comprehensive review of all wetland and upland mitigation areas on the golf
course.
• Quarterly meetings with the Project Biologist, City of Carlsbad, and Kemper Sports
during the contract period to coordinate changes to the overall maintenance regime,
address specific problem areas, review irrigation schedule and weed control activities,
and to prioritize work items to promote timely completion of the work to be performed.
• Resource Agency site meeting to review mitigation areas for final acceptance and sign-
off.
The Contractor shall be responsible for coordination with the Project Biologist, City of Carlsbad,
and Kemper Sports regarding maintenance activities and remedial actions to be performed and
implemented in response to project needs and recommendations of the Project Biologist as these
arise during the contract period.
Coastal Sage Scrub and Wetland Mitigation Maintenance
Maintenance Work for CSS mitigation areas will occur over approximately 40.21 acres of the
golf course property as shown on the As-Built Mitigation Plan (Appendix C, as attached in the
original request for proposal for this contract). Complete maintenance services are required for
approximately 30 acres of Active Habitat Restoration (irrigated, seeded and planted areas as
designated on the As-Built Mitigation Plan). Existing patches of native vegetation within Passive
Mitigation areas, as defined on the As-Built Mitigation Plan, require only weed control and trash
control, as specified herein. Maintenance services shall generally follow the procedures as
outlined in the Revised Mitigation Plan Carlsbad Municipal Golf Course (Appendix A, as
attached in the original request for proposal for this contract), HDR, January 2005) and as
specified herein.
Contractor shall conduct the required maintenance services during the contract period for 6.94 acres
of wetland creation and enhancement mitigation located in Macario Canyon and as depicted on the
As-Built Mitigation Plan (Appendix C, as attached in the original request for proposal for this
12 November 2007
The Crossings at Carlsbad
Mitigation Maintenance, Monitoring and Reporting Services
Scope of Work
contract). Wetland mitigation maintenance shall be conducted generally as outlined in the City of
Carlsbad Revised Golf Course Riparian Mitigation Plan (P&D Environmental, December 2003)
and as specified herein.
Maintenance Work to be performed includes weed control, trash removal, irrigation operation,
maintenance and repairs, cultivation, and other maintenance tasks that are essential to
maintaining the emerging habitat in a healthy and vigorous condition consistent with the ecology
of the CSS and riparian vegetation communities and the individual species that comprise this
vegetation type.
Mitigation Maintenance Work: Contractor shall maintain all Active Habitat Restoration areas
(planted, seeded, and irrigated) in a vigorous and thriving condition by weeding, cultivating,
irrigating, and by any other necessary operations during the entire contract period until final
acceptance and approval by Client and all resource agencies. Improper maintenance which may
cause poor habitat conditions at termination of the scheduled contract period will cause
postponement of final acceptance of work.
1. Weed Control: Weeds shall be controlled throughout all Active Habitat Restoration areas
(approximately 30 acres) and Passive Mitigation areas (approximately 10 acres) as
specified herein and in the Mitigation Plans. Weedy, non-native invasive species may
invade the project site during the establishment of native vegetation associations. Any
non-native plant species determined by the Project Biologist to be detrimental to the
mitigation project shall be removed by the Contractor. Throughout the maintenance
period, these species shall be controlled to eliminate on-site weed seed production. The
following goal shall be achieved by the contractor throughout the contract period:
• Weeds shall not account for greater than 10% vegetation cover within any
mitigation area during the contract period.
• Contractor shall be found non-compliant with this specification if weeds are
allowed to set seed over an area of !4 acre (cumulative total of one or more areas)
or more of mitigation area(s) at any time during the contract period.
All non-native invasive weeds shall be removed manually. Pursuant to Special Condition
2(g) of the Coastal Development Permit, weed whips are prohibited from use in
mitigation areas.
Weeds shall be removed before reaching 6 inches in height and prior to flowering
whichever comes first. Weed biomass resulting from manual removal techniques shall be
collected and removed from the mitigation area and project site. Weed biomass piles
and/or mantas containing weed biomass shall not be allowed to remain on site for more
13 November 2007
The Crossings at Carlsbad
Mitigation Maintenance, Monitoring and Reporting Services
Scope of Work
than 72 hours. Weed biomass shall be removed from the site and disposed of in a legal
manner.
Where manual removal is not deemed to be appropriate by the project Biologist, chemical
weed control may be implemented upon approval of the Project Biologist. Chemical
application shall be implemented in a manner that does not result in collateral damage to
emerging native seedlings and vegetation. Chemicals shall be spot-applied with a low-
pressure backpack sprayer and wand outfit or other approved non-spray application
methods. Chemicals and application methods shall be consistent with The Crossings Turf
Management and Pest Management Plan (Appendix E, as attached in the original request
for proposal for this contract). The foreman shall be present on site at all times during
chemical applications.
All chemicals applied shall be the most suitable chemical for the species being controlled.
Chemical usage shall comply with all federal, state, and local laws and regulations. A
certified Pest Control Advisor shall be consulted for recommended chemicals to be used
on the project. All chemicals shall be applied by personnel trained in chemical
applications, equipment operation, and species identification. No chemical applications
shall occur when wind velocity of greater than 5 miles per hour.
2. Irrigation Maintenance and Operation: The Contractor shall be responsible for all
maintenance and operations of the irrigation system. Maintenance shall include proper
scheduling of irrigation water applications by season in consultation with the Project
Biologist. Contractor shall coordinate mitigation irrigation system operation on the
central irrigation controller with Golf Course Operator to ensure compatible operation
with golf course irrigation system. Contractor shall make repairs and/or adjustments to all
irrigation components such as pipe, fittings, risers, heads, controller wires, etc., as
needed, to maintain optimum system performance. Contractor shall operate the system to
provide optimum soil moisture as seasonally appropriate throughout each year of
maintenance and until the irrigation system is decommissioned.
• Failure to irrigate sufficiently and appropriately through seasonal adjustments
irrigation schedule to promote native vegetation growth and establishment,
seedling recruitment, and plant survival shall cause liquidated damages to be
withheld from the Contractor as specified herein.
4. Mitigation Maintenance Work shall include control of insect and animal pests (e.g.,
gophers, etc.). Contractor shall be responsible for monitoring and control of pest
problems and shall inform the Project Biologist within 24 hours of discovery, who shall
then prescribe remedial action. Any remedial actions shall be provided at Contractor's
14 November 2007
The Crossings at Carlsbad
Mitigation Maintenance, Monitoring and Reporting Services
Scope of Work
expense following proper authorization. Project maintenance shall include all repairs to
seeded areas caused by animals, pests or human activities.
5. Contractor shall provide for effective control of human disturbance through coordination
with the golf course operator. Control of human entry into mitigation areas shall include,
but not be limited to, installation of temporary or permanent fence, signage, and
coordination with Golf Course Management to increase golfer awareness of mitigation
areas.
6. Contractor shall remove and dispose off site all organic and non-organic debris. Removal
of trash and litter shall be performed on a schedule consistent with weed control work.
Debris shall be removed from the site(s) and disposed of at a legal disposal site.
7. Contractor shall monitor for erosion within project site and shall prohibit gullies, rill and
sheet erosion, bare soil areas and silt deposition from occurring. Contractor shall be
responsible for the maintenance of all necessary erosion control features consistent with
the golf course Stormwater Pollution Prevention Plan (SWPPP, Appendix E, as attached
in the original request for proposal for this contract). Contractor shall install additional
erosion control measures as approved by the Client after evaluation of potential or
existing erosion problems on a case-by-case basis.
Erosion control shall emphasize prevention. If required, repair of eroded areas may
include redirection or dissipation of the water source and re-contouring of soil, followed
by seeding as directed by the Project Biologist. The seed palette for re-seeded areas shall
conform to Mix A for Upland areas and Mix B for riparian areas, but may be modified
upon the recommendation of the Project Biologist and as approved by the City. Seed
mixes shall be hand broadcast and manually raked into the top 1" of soil. Contractor shall
take precautions to avoid damage to existing native vegetation. If the area to be seeded
exceeds 1 acre, hydroseed methods may be employed upon approval of the Project
Biologist. In such cases, the contractor shall submit a list of materials and application
rates to be included in the hydroseed slurry for approval by the Project Biologist.
TABLE 1
Coastal Sage Scrub -Mix 'A'
Artemisia califomica
Encelia califomica
Eriogonum fasciculatum
Eschscholzia califomica
8
24
7
74
5
6
10
1
15 November 2007
The Crossings at Carlsbad
Mitigation Maintenance, Monitoring and Reporting Services
Scope of Work
Lasthenia califomica
Lotus scoparius
Lupinus bicolor
Mimulus aurantiacus
Nemophila menziesii
Plantago insularis
Rhus laurina
Salvia apiana
Salvia mellifera
Solarium xantii
Total
50
54
90
2
75
90
57
35
35
20
1
4
1
1
1
5
4
3
5
1
48
TABLE 2
Riparian Woodland -Mix 'B'
Ambrosia psilostachya
Anemopsis califomica
Artemisia douglasiana
Artemisia dracunculus
Juncus acutus
Pluchea odorata
Total
6
27
5
33
36
21
6
1
2
1
0.5
0.5
11
Note: Pure Live Seed (PLS) is a percentage derived from percent seed germination times percent seed purity
(as determined through laboratory testing) times 100. Values shown are minimum acceptable seed
requirements. The application rate for seed testing less than the minimum PLS shall be increased directly
proportional to the amount of the deficiency, e.g., a 10% deficiency in PLS shall be compensated through a
10% increase in the pounds per acre application rate. All seed shall originate from Coastal San Diego
County, i.e., within 5 miles of the coast or as approved by the City.
8. Reporting: Contractor shall submit monthly written reports to the City of Carlsbad project
manager, Kemper Sports, and Project Biologist that contain 1) crew size for prior period
(time since last report) and predicted crew size for upcoming period; 2) current irrigation
schedule for uplands and wetland mitigation areas including any specific areas where
irrigation schedule adjustments are applied; 3) type and quantity of chemicals used in
16 November 2007
The Crossings at Carlsbad
Mitigation Maintenance, Monitoring and Reporting Services
Scope of Work
mitigation areas; 4) identification of mitigation areas where human entry is problematic and
description of remedial actions taken (e.g. installation of fence/signs, coordination with golf
course management personnel, etc.); 5) Identification of mitigation areas where soil issues
are limiting native vegetation development; and 6) identification of erosion areas and a
description of remedial actions taken (i.e., type of erosion control products installed such as
fiber rolls, etc.). The report shall include the 24"x36" As-Built Mitigation Plan with
mitigation areas highlighted and identified by number as a cross-reference to the written
report. The report shall be submitted within two weeks of the end of each quarter.
Mitigation Performance Criteria
The goal of this project is to create self-sustaining native upland and wetland habitat that is free
of non-native invasive species that could threaten the long term viability of habitat. Contractor
shall maintain the mitigation areas in optimum condition to promote native vegetation
establishment and eradicate weeds. Interim and ultimate performance criteria must be attained in
accordance with the approved conceptual mitigation plans and as specified herein. The
Contractor shall be responsible for additional Maintenance Work at no change to the contract
price until all mitigation areas attain the ultimate performance criteria and the mitigation is
acceptable to the City of Carlsbad and the permitting agencies as identified herein.
Interim and ultimate performance criteria for the wetlands mitigation areas are summarized in
Table 3.
TABLE 3
Wetlands Mitigation Performance Criteria
General Standards
95% Survival of tree plantings1
80% survival of shrub plantings1
70% groundcover (visual estimate based on
hydroseed development)
Establishment of all species planted
80% healthy container tree plantings
80% survival of tree plantings1
Replant.
Replant.
Reseed/Replant.
Reseed/replant. Substitutions are possible.
Replace with same species/size.
Replant.
Year!
Year!
Year 2
Year 2
Year 2
Year 2
6/30/2008
6/30/2008
6/30/2009
6/30/2009
6/30/2009
6/30/2009
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The Crossings at Carlsbad
Mitigation Maintenance, Monitoring and Reporting Services
Scope of Work
80% survival of remaining shrub plantings1
80% groundcover by all species
Height standard met for all trees
Canopy cover standards met for trees and
shrubs
Replant.
Additional seed or container plantings as
recommended by revegetation designer.
Replant or receive remedial measures;
substitutions are possible.
Replant or receive remedial measures;
substitutions are possible.
Year 2
Year 4
Year 2
Year 2
6/30/2009
6/30/2011
6/30/2009
6/30/2009
Tree Height Standards2
Cottonwoods 10 feet
Sycamores 9 feet
Willows 11 feet
Mule fat, sandbar willow,
elderberry trees 6 feet
Consultation between City and Project
Biologist to determine cause of deficiency,
possible remedies, and assessment of
Liquidated Damages, if appropriate
Same as above
Same as above
Same as above
Year 3
Years
Year 3
YearS
6/30/2010
6/30/2010
6/30/2010
6/30/2010
Canopy Cover Standards
Willow riparian woodland 80%Same as above Year5 6/30/2012
Notes: 1 Dead Container plants can be mitigated for by native seedling recruitment and establishment.
2 Mean Height in feet.
Upland (coastal sage scrub) habitat mitigation areas shall attain the interim and ultimate
performance criteria as summarized below.
• 50% cover at the end of two years (period ending June 30, 2009).
• 70% cover at the end of three years (period ending June 30, 2010).
• 75% cover at the end of five years (period ending June 30, 2012).
• Trees and/or shrubs from the list in Table 4 (based on desired community composition)
shall have a cover of at least 60%, with at least 40% cover provided by California
sagebrush.
• Sub-shrubs, grasses, and forbs from the list in Table 4 (based on desired community
composition) shall have a cover of at least 5%.
• Weeds shall have a cover of no more than 10%.
• At least 10 species from the list in Table 4 shall be present.
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The Crossings at Carlsbad
Mitigation Maintenance, Monitoring and Reporting Services
Scope of Work
At least 5 species from the list in Table 4 shall show evidence of recruitment.
TABLE 4
Coastal Sage Scrub Mitigation
Species Composition List
Artemisia californica
Baccharis pilularis
Bromus carinatus
Encelia californica
Eriogonum fasciculatum
Eriophyllum confertiflorum
Eschscholzia californica
Gnaphalium bicolor
Gnaphalium californicum
Hemizonia fasciculata
Heteromeles arbutifolia
Isocoma menziesii
Leymus condensatus
Lotus scoparius
Malacothamnus fasciculatus
Malosma laurina
Mimulus aurantiacus
Nassella sp.
Opuntia littoralis
Rhus integrifolia
Salvia apiana
Salvia mellifera
Sambucus mexicanus
Sisyrinchium bellum
California Sagebrush
Coyote Brush
California brome
California Encelia
Flat-topped Buckwheat
Golden yarrow
California Poppy
Bicolor Cudweed
California Cudweed
Common Tarplant
Toyon
Coast golden bush
Giant Wild Rye
Deerweed
Bushmallow
Laurel Sumac
San Diego Bush Monkeyflower
needlegrass
Prickly Pear
Lemonadeberry
White sage
Black Sage
Mexican Elderberry
Blue-eyed Grass
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
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The Crossings at Carlsbad
Mitigation Maintenance, Monitoring and Reporting Services
Scope of Work
Remedial Actions
If any area % acre or more fails to meet interim and/or ultimate performance criteria, the Project
Biologist will assess the issues that contribute to the failure and recommend remedial actions that
are designed to bring the project into full compliance. Such remedial actions may include
reseeding areas, replanting container stock, adjustment to irrigation schedule, soil amendments,
etc. If the source of the failure is determined to be the result of poor or substandard maintenance
practices, the cost for remedial actions, including personnel costs of the Project Biologist, shall
be the responsibility of the Contractor. If the failure is found to be caused by unique site
conditions that are beyond the control of the Contractor, the cost of remedial actions shall be
paid by the City of Carlsbad. The City of Carlsbad shall determine the root cause of the failure in
consultation with the Project Biologist.
Remedial actions that require a change to the maintenance regime of the Contractor shall be
implemented immediately. Reseeding and container plantings shall occur October-March during
the optimal season for seed and pant installation.
Remedial actions not implemented by Contractor within the timeframe established by the City of
Carlsbad will be subject to daily Liquidated Damages as specified herein.
END OF DOCUMENT
20 November 2007