PSA With Native Solutions 02-03-15
PSA With Native Solutions 02-03-15
Council Report
February 3, 2015
To:
From:
Subject:
RECOMMENDATION(S):
Adopt a resolution authorizing the City Administrator to execute a professional services
agreement with Native Solutions for biological services for the Dunes Habitat
Restoration Project in an amount not to exceed $80,000.
EXECUTIVE SUMMARY:
The Citys adopted General Plan includes an appendix entitled the Del Mar Master Plan,
which includes long range goals for the preservation and use of the Del Mar and North
Dunes. One policy of the Del Mar Master Plan is to implement a Dunes Restoration
Plan (P5-176). The purpose of a restoration plan is to recreate a self-sustaining native
dunes habitat with thriving populations of the status species while providing safe visitor
access and enjoyment of the dunes (Del Mar Master Plan page 5). The services of a
biologist are necessary in order to implement components of the dunes restoration plan.
It is recommended that Council authorize the City Administrator to execute a
professional services agreement with Native Solutions for biological services for the
Dunes Habitat Restoration Project in an amount not to exceed $80,000 for a five year
contract period of February 3, 2015 to June 30, 2019.
ANALYSIS/DISCUSSION:
The Dunes Restoration Plan includes specialized tasks related to eliminating non-native
species; restoring native dune scrub; propagating the Tidestroms lupine; and improving
and expanding the habitat for the black legless lizard. In particular, the Plan articulates
that a botanist should be retained to monitor the Tidestroms lupine population on an
annual basis and to survey the black legless lizard population every five years.
Staff issued a Request for Qualifications (RFQ) for the Dunes Habitat Restoration
Project and sent the RFQ to eight individuals and firms. The City received two
proposals from qualified biologists and botanists and selected Joey Canapa of Native
Solutions for the project, based upon such factors as specialized knowledge of, and
prior work experience within , the North Dunes. The proposed professional services
agreement covers a five year period in order to allow continuity of services; completion
of annual surveys and monitoring and the completion of a five year survey as outlined
within the Plan. The total not to exceed cost of the agreement is $80,000, which
includes $19,800 for year one; $25,750 for year two; $17,450 for year three and $8,500
for years four and five respectively . Specific tasks to be performed include resurveying
the site for sensitive species; assisting City staff in obtaining required permits from the
Coastal Commission and other state regulatory agencies; planning and supervising
weed eradication and seed collection, propagation and planting efforts and monitoring
planted seedlings, including the Tidestrom's lupine (three surveys a year) and
developing short and long-term monitoring plans.
FISCAL IMPACT:
The Fiscal Year 2014-15 Adopted budget includes $24,500 within the capital budget for
the Dunes Habitat Restoration project.
Budgeted (Yes/No)- Yes for Year One
ATTACHMENTS:
1. Professional Services Agreement with Native Solutions
2. Native Solutions five-year budget
3. Native solutions work plan.
APPROVED:
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2015-_____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA
AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH NATIVE SOLUTIONS FOR BIOLOGICAL
SERVICES FOR THE DUNES HABITAT RESTORATION PROJECT FOR AN
AMOUNT NOT TO EXCEED $80,000
WHEREAS, the Citys adopted General Plan includes the Del Mar Master Plan and the
associated Dunes Habitat Restoration Plan to preserve the Del Mar and North Dunes areas of the
Carmel Beach; and
WHEREAS, implementation of the Dunes Habitat Restoration Plan requires specialized
services to manage, protect and monitor sensitive habitat and species; and
WHEREAS, the City issued a Request for qualifications to obtain consulting services in a
competitive manner; and
WHEREAS, the City wishes to utilize the services of Native Solutions to assist with the
implementation of dunes restoration for a five year term and the cost of the multi-year agreement
exceeds $25,000 and requires Council authorization.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF
CARMEL-BY-THE-SEA does hereby:
Authorize the City Administrator to Execute a Professional Services Agreement with native
Solutions for Biological Services for the Dunes Habitat Restoration Project in an Amount not to
Exceed $80,000
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THESEA on this 3rd day of February 2015 by the following roll call vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
SIGNED:
ATTEST:
as the scope of
services dated
Dunes Habitat
(Exhibit B),
2.
Timely Work.
CONSULTANT shall perform all duties incidental or
necessary in a timely fashion; and shall be performed diligently, competently, and in
accordance with professional standards of performance. Failure to so perform is hereby
deemed a material breach of this Contract, and CITY may terminate this Contract with no
further liability hereunder. City may agree in writing with CONSULTANT to an extension
of time. It is expressly agreed and understood that CONSULTANT shall not be held
responsible for delays occasioned by factors beyond their control, nor by factors that could
not reasonably have been foreseen at the time of execution of this CONTRACT on February
3, 2015 and terminate June 30, 2019. The parties may agree to extend or amend this
Contract prior to its expiration.
3.
Compensation.
CITY shall pay CONSULTANT in an amount not to
exceed $80,000, which includes $19,800 for year one; $25,750 for year two; $17,450
for year three and $8,500 for years four and five respectively, as presented in the
proposal dated September 14, 2014 revised October 18, 2014 (Exhibit A), the North
Dunes Habitat Restoration Project Summary and Schedule dated December 1, 2014
(Exhibit B), and in accordance with this Contract for fiscal year 2014-15.
Compensation under this Contract shall become due and payable thirty (30)
days after CITYs approval of CONSULTANTS submission of monthly written invoices.
Written invoices shall clearly itemize each charge. The payment of any compensation to
CONSULTANT hereunder shall be contingent upon performance of the terms and
conditions of this Contract to the satisfaction of the City Administrator.
If the City Administrator determines that the work set forth in the written
invoice has not been performed in accordance with the terms of this Contract, CITY shall
not be responsible for payment until such time as the work has been satisfactorily
performed.
Additional Services.
In the event that CITY should request additional
4.
services not covered by the terms of this Contract, said services will be provided by
CONSULTANT and paid for by CITY only after a fee for said services has been agreed upon
between CONSULTANT and City Administrator and the City Administrator provides
written authorization for the additional work.
Meet and Confer.
CONSULTANT agrees to meet and confer with CITY or
5.
its agents or employees with regard to services as set forth herein as may be required by
City Administrator to insure timely and adequate performance of this Contract.
City Council Meeting February 3, 2015
Page 130
6.
Indemnification.
indemnification clause:
CONSULTANT
hereby
agrees
to
the
following
B.
C.
1)
Provide an endorsement naming CITY, its officers, officials,
and employees as additional insureds under an ISO CG 20 10 07 04 or
ISO 20 37 07 04 or their equivalent.
2)
Provide that such insurance is primary and non-contributing
insurance to any insurance or self-insurance maintained by CITY.
3)
4)
E.
Ownership of Work.
Upon completion of the work under this Contract,
9.
ownership and title to all materials and deliverables produced as part of this Contract will
automatically be vested in CITY and no further contract will be necessary to transfer
ownership to CITY.
10.
Licensing. CONSULTANT represents that it is properly licensed to perform
the work specified under this Contract, including but not limited to, possession of a current
city business license.
11.
Termination.
This Contract may be terminated by either party upon
thirty (30) calendar days written notice to the other party. In the event of such termination,
CITY shall pay CONSULTANT for all services performed to the satisfaction of CITY to the
date of receipt of notice of termination. An itemized statement of the work performed to the
date of termination shall be submitted to CITY. In ascertaining the services actually
rendered hereunder up to the date of termination of this Contract, consideration shall be
given to both completed work and work in process of completion, and to complete and
incomplete drawings and other documents whether delivered to CITY or in the possession of
the CONSULTANT.
12.
Agency. In performing the services specified under this Contract,
CONSULTANT is hereby deemed to be an independent CONSULTANT and not an agent or
employee of CITY.
13.
Authority of the City Administrator.
CONSULTANT shall perform all
necessary services provided under this Contract and outlined in the proposal and shall do,
perform, and carry out said work in a satisfactory and proper manner as determined by and
to the satisfaction of the City Administrator. The City Administrator reserves the right to
make changes, additions or deletions, to the scope of work as deemed necessary or advisable
to implement and carry out the purposes of this Contract. The City Administrator is
authorized to execute change orders.
Responsibility of Consultant. By executing this CONSULTANT represents
14.
and state to CITY that he/she possesses, or will arrange to secure from others, all necessary
professional capabilities, experience, resources and facilities necessary to provide to city the
services contemplated under this Contract. CONSULTANT further warrants that he/she
will follow the current generally accepted practices of the profession to make findings,
render opinions, prepare factual presentations, and provide professional advice and
recommendations regarding the project for which services are rendered under this Contract.
Materials and Equipment. CONSULTANT shall furnish at his/her own
15.
expense, all materials and equipment necessary to carry out the terms of this Contract.
16.
Digital Files.
CONSULTANT shall furnish copies of all deliverables on
compact disks (for example, final report) in digital format. Files shall be compatible with the
current versions used by PC computers.
17.
Audit Authority. CONSULTANT shall keep full and detailed accounts and
exercise such controls as may be necessary for proper financial management under this
Contract; the accounting and control systems shall be satisfactory to CITY. CITY and CITYs
auditor shall be afforded access to CONSULTANTs records, books, correspondence and
other data relating to this Contract. CONSULTANT shall preserve these records, books,
correspondence and other data relating to this Contract for a period of four (4) years after
final payment or for such longer period as may be required by law. In addition,
CONSULTANT agrees to make said records, books, correspondence and other data relating
to this Contract available to CITY at CITYs principle place of business upon seventy-two
(72) hours advance written notice. The City Administrator, or his or her designee, shall at all
times have the right to inspect the work, services, or materials. CONSULTANT shall
furnish all reasonable aid and assistance required by CITY for the proper examination of the
work or services and all parts thereof. Such inspection shall not relieve CONSULTANT form
any obligation to perform said work or services strictly in accordance with the specifications
of any modifications thereof and in compliance with the law.
Notices.
All notices herein provided to be given, or which may be given by
18.
either party to the other, shall be considered fully received when made in writing and
deposited in the United States mail, certified and postage prepaid, and addressed to the
respective parties as follows:
CITY:
City Administrator
City of Carmel-By-The-Sea
P.O. Box CC
Carmel-By-The-Sea, CA 93921
CONSULTANT:
Native Solutions
P.O. Box 215
San Juan Bautista, CA 95045
Entire Contract.
This Contract constitutes the entire contract between
19.
the parties hereto and supersedes any and all prior contracts, whether oral or written,
relating to the subject matter thereof. Any modification of this Contract will be effective
only if it is in writing signed by both parties hereto.
Validity.
If any provision in this Contract is held by a court of competent
20.
jurisdiction to be invalid, void or unenforceable, the remaining provisions will continue in
full force without being impaired or invalidated in any way.
Assignment of Interest.
The duties under this Contract shall not be
21.
assignable, delegable, or transferable without the prior written consent of CITY. Any such
purported assignment, delegation, or transfer shall constitute a material breach of this
Contract upon which CITY may terminate this Contract and be entitled to damages.
Conflict of Interest.
CONSULTANT shall at all time avoid conflicts of
22.
interest, or the appearance of conflicts of interest, in the performance of this Contract.
CONSULTANT shall file statements of financial interest on forms provided by CITY to the
extent and at the times required by CITYS Conflict of Interest Code and applicable law.
During the term of this Contract CONSULTANT shall not directly or
indirectly, either as a partner, employer, employee, consultant, principal, and agent or in
any individual or representative capacity, engage or participate in any business or
voluntary activity on behalf of any other party on any property located within the City of
Carmel-By-The-Sea without notification to City Administrator.
Non-discrimination/Affirmative Action.
CONSULTANT will not
23.
discriminate against any employee or applicant for employment because of race, creed,
color, sex, age, national origin, marital status, physical or other motor handicap, unless
based upon bonafide occupational disqualification.
CONSULTANT will take affirmative action to ensure that applicants are
employed and that employees are treated during employment without regard to their race,
creed, color, sex, age, national origin, marital status, physical or other motor handicap.
Counterparts.
This Contract may be executed in multiple originals, each
24.
of which is deemed to be an original, and may be signed in counterparts.
Laws.
CONSULTANT agrees that in the performance of this Contract it
25.
will reasonably comply with all applicable state, federal and local laws and regulations.
This Contract shall be governed by and construed in accordance with the laws of the State
of California and the City of Carmel-By-The-Sea.
26.
Attorneys Fees and Court Venue.
Should either party to this Contract
bring legal action against the other, (formal judicial proceeding, mediation or arbitration),
the case shall be handled in Monterey County, California, and the party prevailing in such
action shall be entitled to a reasonable attorneys fee which shall be fixed by the judge,
mediator or arbitrator hearing the case and such fee shall be included in the judgment,
together with all costs.
Severability.
If any term of this Contract is held invalid by a court of
27.
competent jurisdiction, the remainder of this Contract shall remain in effect.
IN WITNESS WHEREOF, this Contract is entered into by the parties hereto in
Carmel, California, on the day and year first written above.
CITY OF CARMEL-BY-THE-SEA
By:
_____________________________
Its:
_____________________________
CONSULTANT
By:
_____________________________
Its:
_____________________________
ATTACHMENT 3
Native Solutions
Joey and Steve Canepa
7/2014-6/2015
7/2015-6/2016
7/2017-6/2018
7/2018-6/2019
Task/Item
YEAR ONE
YEAR FIVE
7/2016-6/2017
$4,250
$1,700
$1,275
$2,000
$1,400
PROJECT MANAGEMENT
$3,400
$2,550
7500
2500
SPRAY (Herbicide)
$1,700
$1,275
$1,000
HAND WEED
$2,250
$4,500
$2,250
$0
$2,500
$2,000
$750
$250
$250
$1,875
$1,250
$625
$1,875
$1,250
$625
$0
$5,000
$5,000
Extension
$4,250
$2,975
$3,400
$7,650
10000
$1,700
WEED ERADICATION
$3,975
$9,000
$4,500
$1,250
$3,750
$3,750
$5,000
$5,000
$20,000
^^4 yrs only
$0
$4,500
$4,000
$3,500
$3,500
$19,800
$25,750
$17,450
$8,500
$8,500
$15,500
$0
$80,000
Agenda Item: 7.I
Page 16
Native Solutions
Joey and Steve Canepa
P.O. Box 215 San Juan Bautista, CA. 95045
Phone (831) 915-7873
[email protected]
Landscape contractor's license # 836197
Date:
To:
From:
Re:
The North Dunes and Del Mar Dunes Habitat Restoration Plan was written in 2008 for the City of
Carmel by Jean Ferreira, botanist. The comprehensive document provides surveys, background
information, and restoration protocol for revegetation and management of the North Dunes;
approximately 5 acres of sensitive habitat adjacent to Carmel Beach. Restoration of this area directly
supports the following 1990 General Plan policies for the City of Carmel (P-5-42): Restore, maintain and
enhance the degraded habitat in the North Dunes area to enhance environmental resources and
aesthetics. Protect sensitive habitat and special-status species through development and implementation
of the Del Mar and North Dunes Master Plan.
The City recently approved funding to implement the North Dunes Habitat Restoration project.
Native Solutions, a local habitat restoration business, has been contracted to provide biological
management, implementation, maintenance, and monitoring. The following documents provide a brief
summary of restoration activities and a schedule for Years One-Three. Due to the late start of the contract,
the schedule lists November 2014-June 2015 as Year One. Suggested deferred activities are detailed
under Year Two (July 2015-June 2016) and Year Three (July 2016-June 2017).
If you have any questions or comments, please contact me!
Joey Dorrell-Canepa
Dune Biologist, Native Solutions
Summary
North Dunes and Del Mar Dunes Habitat Restoration Plan (Ferreira, 2008)
Mission: Recreate a self-sustaining native dune habitat with thriving populations of the special
status species, while providing safe visitor access and enjoyment of the dunes
Objectives:
Eliminate all aggressive non-native species
Expand the population of Tidestroms lupine
Expand the quantity and quality of available habitat for Black Legless Lizards
Establish a trail system to provide safe visitor access without compromising the health of the
dune habitat
Provide interpretation of the dune areas to enhance visitors experience and knowledge of the
Carmel Dunes
Due to uncertain rainfall patterns and the delayed start of the first year of revegetation effort,
it is my suggestion to propagate and plant seedlings over a three year period. Seedlings should be
installed as early as possible during the winter rainfall period between January- February 2015 2017). This phased approach allows for maximum establishment using information from prior
years plant survival.
Broadcast seeding may be a very efficient method of native plant establishment in this fragile
habitat with such hydrophobic sands and uncertain rainfall. Seed is easy to collect in the fall, and
takes little effort to broadcast and rake in lightly. Unlike planted seedlings, if the dune seed does
not get consistent moisture, it will usually survive for at least one year, and germinate when
sufficient rainfall finally arrives.
Schedule
Year One (November 2014-June 2015)
Management:
Review specific goals of Dune Restoration and Management Program
Observe pedestrian use patterns, areas prone to erosion or overuse
Re-survey site: 1) sensitive species 2) invasive weed areas 3) diversified native vegetation
Consult with CA. Department of Fish and Game for necessary permit
(Lupinus tidestromii var. tidestromii - Tidestroms lupine)
Plan phased areas for weed eradication, broadcast seeding, planting, seed collection
Supervise weed eradication, planting activities
Protection:
Install exclusionary cabling around colonies of Tidestroms lupine
Install temporary fencing around any new plantings in exposed areas
Restoration Implementation:
Collect seed from site (2014) and Carmel River Beach (< 2 miles, 2015-2016).
Propagate 1500 seedlings (fall, 2014), 1000 (fall, 2015), 500 (fall, 2016)
Propagate 100 Tidestroms lupine from onsite seed collections only (fall 2015)
Broadcast previously delineated areas with site-specific mixture of fresh seed.
Stabilize drifting sand with straw bunches if needed, depending on wind patterns.
Plant seedlings January-February 1500 seedlings (2015), 1000 (2016), 500 (2017)
Delineate weed-free areas for planting and survival monitoring
Create native plant clusters and habitat corridors, interspersed with open sand areas
Weed eradication
Monitoring:
Monitor survival of planted seedlings, assess germination and survival in broadcast seeded areas
Monitor endangered Tidestroms lupine (3x/ annually)
Count number of individuals at emergence, full vegetative growth, seed dispersal)
Monitor areas of erosion, high pedestrian use
Draft plan for short (1-5 years) and long term monitoring programs (5 years +) with agency input
Obtain permit from CA. Department of Fish and Game (Tidestroms lupine)
Plan next areas for weed eradication, broadcast seeding, planting, seed collection
Supervise weed eradication, planting activities
Protection: Evaluate and adjust exclusionary cabling around colonies of Tidestroms lupine
Restoration Implementation:
Collect seed from site and Carmel River Beach (< 2 miles, 2015-2016).
Propagate 1000 seedlings (fall, 2015), 500 (fall, 2016)
Propagate 100 Tidestroms lupine from onsite seed collections only (fall 2015)- permit
Broadcast new delineated areas with site-specific mixture of fresh seed.
Stabilize drifting sand with straw bunches if needed, depending on wind patterns.
Plant seedlings in new areas January-February 1000 (2016), 500 (2017)
Delineate weed-free areas for planting and survival monitoring
Create native plant clusters and habitat corridors, interspersed with open sand areas
Weed eradication
Monitoring:
First monitoring report- surveys in spring 2016
Monitor survival of planted seedlings, assess germination and survival in broadcast seeded areas
Monitor endangered Tidestroms lupine (3x/ annually)-with special attention to new seedlings
Count number of individuals at emergence, full vegetative growth, seed dispersal)
Finalize short (2-5 years) and long term monitoring programs (5 years +) with agency input
Plan next areas for weed eradication, broadcast seeding, planting, seed collection
Supervise weed eradication, planting activities
Protection: Evaluate and adjust exclusionary cabling around colonies of Tidestroms lupine
Install any addition cable fencing needed
Restoration Implementation:
Collect seed from site and Carmel River Beach.
Propagate 500 seedlings (fall, 2016)
Propagate any additional Tidestroms lupine (needed to total 100) from onsite collection
and install (permit)
Broadcast new delineated areas with site-specific mixture of fresh seed.
Stabilize drifting sand with straw bunches if needed, depending on wind patterns.
Plant in new areas January-February- 500 seedlings (2017)
Delineate weed-free areas for planting and survival monitoring
Create native plant clusters and habitat corridors, interspersed with open sand areas
Weed eradication