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HomeMy WebLinkAbout09-01-2016 Land Conservancy of San Luis Obispo County - Agreement for Professional ServicesAGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES is made and entered into in the City of San Luis Obispo on this 1st day of September 2016, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as "City" and THE LAND CONSERVANCY OF SAN LUIS OBISPO COUNTY, a California non-profit corporation, hereinafter referred to as "LCSLO". WITNESSETH WHEREAS, the City is committed to preserving a healthy and sustainable environment for its citizens of today as well as the future; and WHEREAS, the City desires to educate its citizens on the importance of preserving a healthy and sustainable environment for current, as well as future generations, and to protect and restore important natural resources and open space areas; and WHEREAS, LCSLO was established in 1984 for the primary purpose of protecting and restoring land in San Luis Obispo County; and WHEREAS, LCSLO is organized and equipped to carry out outdoor landscape restoration programs efficiently and economically to complement City efforts in this area, and carries appropriate licensing and credentials for such work. WHEREAS, LCSLO prepared for City the Integrated Vegetation Management Plan for Open Space Lands of the City of San Luis Obispo 2015-2020 that was adopted by City Council on December 15, 2015 and City desires to implement the recommended actions set forth in this plan. NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: 1. TERM. Term of this agreement shall be from September 1, 2016 to June 30, 2017. 2. CITY'S OBLIGATIONS. A. For providing services as specified in this agreement, City will pay and LCSLO shall receive therefor compensation in a total sum not to exceed $17,500. Billing shall be made based upon time and materials required to carry out approved activities and may be submitted for payment monthly. B. Project Manager. The Natural Resources Manager shall be the Project Manager representing the City for all purposes under this agreement. She/he shall supervise the progress and execution of this agreement. 3. LCSLO'S OBLIGATIONS A. Project Manager. LCSLO's Restoration Manager is hereby designated as the Project Manager for LCSLO. Should circumstances or conditions subsequent to the execution of this agreement require a substitute Project Manager for any reason, the Project Manager designee shall be subject to the prior written acceptance and approval by City's Natural Resources Manager. B. Performance. LCSLO agrees to the contract performance terms as set forth in Exhibit A attached hereto and incorporated into this agreement. For and in consideration of the payments and agreements herein before mentioned to be made and performed by City, LCSLO agrees with City to provide services as set forth in Exhibit B attached hereto and incorporated in this agreement. C. Reporting Requirements. LCSLO will provide the Natural Resources Manager with brief progress reports with its monthly invoice submittal. The reports will provide the City with an overview of the progress LCSLO has made toward fulfilling the terms of the contract. It will include specific information on such progress whenever possible, specifically in the area of restoration sites, level and type of activity, and results of invasive species treatments as available. D. Limitation on Use of Funds. LCSLO agrees that no City funds provided as part of this contract will be used for political advocacy activities. 2 4. TIME FOR COMPLETION OF THE WORK. All requirements of this agreement will be fulfilled by the LCSLO by June 30, 2017. 5. TEMPORARY SUSPENSION. The City Project Manager shall have the authority to suspend this agreement wholly or in part, for such period as he deems necessary due to unfavorable conditions or to the failure on the part of LCSLO to perform any provision of this agreement. LCSLO will be paid the compensation due and payable to the date of temporary suspension. 6. TERMINATION. City retains the right to terminate this agreement for any reason by notifying LCSLO in writing sixty (60) days prior to termination and by paying the compensation due and payable to the date of termination. 7. HOLD HARMLESS AND INDEMNIFICATION. LCSLO agrees to defend, indemnify, protect and hold the City and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to LCSLO's employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of LCSLO, and its agents, officers or employees, in performing the work or services herein, and all expenses of investigating and defending against same; provided, however, that LCSLO's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers or employees. 8. WORKERS' COMPENSATION. LCSLO certifies that it is aware of the provisions of the Labor Code of the State of California, which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and it certifies that it will comply with such provisions before commencing the performance of the work of this agreement. 9. INSURANCE. LCSLO shall provide proof of insurance in accordance with Insurance Requirements for Consultants as described in Exhibit "A" attached hereto and incorporated herein by reference as though fully set forth. 10. AGREEMENT BINDING. The terms, covenants, and conditions of this agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and subcontractors of both parties. 3 It. WAIVERS. The waiver by either party of any breach or violation of any term, covenant, or condition of this agreement or of any provision, ordinance, or law shall not be deemed to be a waiver of any subsequent breach of violation of the same of any other term, covenant, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this agreement or of any applicable law or ordinance. 12. AMENDMENTS. Any amendment, modification, or variation from the teens of this agreement shall be in writing and shall be effective only upon the approval of the City Manager of the City. 13. COMPLETE AGREEMENT. This document represents the entire and integrated agreement between City and LCSLO and superseded all prior negotiations, representatives, or agreements either written or oral. This document may be amended only by written instrument, signed by both City and LCSLO. All provisions of this agreement are expressly made conditions. This agreement shall be governed by the laws of the State of California. 14. NOTICE. All notices hereunder shall be given in writing and mailed, postage prepaid, by Certified Mail, addressed as follows: LCSLO: The Land Conservancy of San Luis Obispo County Post Office Box 12206 San Luis Obispo, CA 93406 Attention: Jon Hall, Restoration Manager City: City of San Luis Obispo City Administration 990 Palm Street San Luis Obispo, CA 93401-3249 Attention: Robert A. Hill, Natural Resources Manager 15. AUTHORITY TO EXECUTE AGREEMENT. Both City and LCSLO do covenant that each individuals executing the agreement on behalf of each party are persons duly authorized and empowered to execute agreement for such party. 4 IN WITNESS WHEREOF, City and LCSLO execute this agreement on the day and year first above written. CITY OF SAN LUIS OBISPO, A Municipal Corporation: By: _ /) k,—" Katie E. f1clAig, City Manager APPROVED AS TO FORM: By: J. C'I1ri:ti Dietrick, City Attorney THE LAND C SERYANCY OF SAN LUIS OBISPO COUNTY: ATTEST: By: Carrieallagher, City Clerk Kc i Dettrnan, Executive Director Exhibit A: INSURANCE REQUIREMENTS Environmental Contractors & Consultants LCSLO shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the LCSLO, its agents, representatives, employees or subcontractors. General Liability, Errors and Omissions and Pollution and/or Asbestos Pollution Liability coverage should be maintained for a minimum of five (5) years after contract completion. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Set -vices Office Commercial General Liability coverage (Occurrence Form CG 0001 or Claims Made Form CG 0002). 2. Insurance Services Office Form Number CA 0001 (Ed. 1/87) covering Automobile Liability Code 1 (any auto), or Code 8, 9 if no owned autos. 3. Workers' compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance. LCSLO shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 each accident, $1,000,000 policy limit bodily injury by disease, $1,000,000 each employee bodily injury by disease. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Entity. Other Insurance Provisions. The following insurance provisions shall also apply: The insurance policies are to contain, or be endorsed to contain, the following provisions: a. The City, its officers, officials, employees, agents and volunteers are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of LCSLO; products and completed operations of the LCSLO; or automobiles owned, leased, hired or borrowed by LCSLO. The coverage shall contain no special limitations on the scope of protection afforded to the Entity, its officers, officials, employees, agents or volunteers. b. For any claims related to this project, LCSLO's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of LCSLO's insurance and shall not contribute with it. C. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers. C. d. LCSLO's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. C. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party except after thirty (30) days' prior written notice has been given to the City. f. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. 2. The automobile liability policy shall be endorsed to delete the pollution and/or the asbestos exclusion and add the Motor Carrier Act endorsement (MCS -90). 3. If general liability, pollution and/or asbestos pollution liability and/or errors & omissions coverage are written on a Claims Made Form: a. The "Retro Date" must be shown and must be before the date of the contract or the beginning of contract work. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract or work. C. If the coverage is canceled or non -renewed, and not replaced with another claims made policy form with a "Retro Date" prior to the contract effective date, the LCSLO must purchase "extended reporting" coverage for a minimum of five years after completion of the contract or work. A copy of the claims reporting requirements must be submitted to the City for review. The workers' compensation policy shall be endorsed with a waiver of subrogation in favor of City. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANIL Since pollution and/or asbestos pollution coverage may not be available fiom an "Admitted" insurer, the coverage may be written by a non -admitted insurance company. A non -admitted company should have an A.M. Best's rating of A:X or higher. Pollution and/or asbestos coverage may also be written by a captive insurance company or risk retention group or captive insurance company. The City will check with its insurance advisor for further information before approval. Verification of Coverage. LCSLO shall furnish the City with certified copies of endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City, unless the insurance company will not use the City's form. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, LCSLO's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. Subcontractors. LCSLO shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein Exhibit A: SCOPE OF WORK City of San Luis Obispo Open Space — Invasive Species Treatment I. Location Description: This scope of work covers invasive species control on the City of San Luis Obispo's 12 Natural Reserves and Open Spaces (Open Space Areas) and the Boysen Ranch. II. Tasks: Task 1: Control Work — Control work will entail an integrated approach using a variety of control techniques including mechanical, cultural, chemical, and in some cases biological control. Control techniques and approaches will be developed by the Land Conservancy's licensed Pest Control Advisor. Populations will be controlled according to prioritizations identified in document "Integrated Vegetation Management Plan for Open Space Lands of the City of San Luis Obispo 2015-2020". Flexibility under this task is also recommended to allow for rapid response of any new invasive species discovered during the course of this project. Any new invasive species discovered will be evaluated for control in consultation with City Biologists, local County of San Luis Obispo Agricultural Biologists and the local Weed Management Area coordinator. Task 6 consists of the following two sub -tasks Subtask 1.1: Control Work Across All Open Space Areas — This subtask covers "Control Work" outlined above spread across all Open Space Areas. Populations controlled will be based on prioritizations set under "Integrated Vegetation Management Plan for Open Space Lands of the City of San Luis Obispo 2015-2020" and consideration of funds available for each Open Space Area. Final target populations will be approved by the City of San Luis Obispo prior to control work. Sublask 1.2: Control Work on Boysen Ranch - This sub -task utilizes money set aside specifically for the Boysen Ranch site. Control work will follow the same protocol outlined above under "Control Work". Populations controlled will be based on prioritizations set for this particular site. Final target populations will be approved by the City of San Luis Obispo prior to control work. Control Work All Open Space Areas Quantity Unit Unit Cost Total Cost Project Manager/PCA/Licensed Applicator 40 Hours $ 80.00 $ 3,200.00 Field Manager 40 Hours $ 55.00 $ 2,200.00 Restoration Specialist 64 Hours $ 45.00 $ 2,880.00 Fleet Mileage 80 Miles $ 0.58 $ 46.00 Truck Splay Sled Rental 5 Day $ 100.00 $ 500.00 Herbicide - TBD 2.5 Gallons $ 160.00 $ 400.00 Surfactant - TBD 5 Gallons $ 75.00 $ 375.00 Misc. supplies (gloves, masks, weed tools, etc. 1 I Lump $ 399.00 $ 399.00 Total Control Work I $ 10,000.00 Control Work Boysen Ranch Quantity Unit I Unit Cost Total Cost Proiect Manager/PCA/Licensed Applicator 22 Hours $ 80.00 $ 1,760.00 Field Manager 24 Hours $ 55.00 $ 1,320.00 Restoration Specialist 72 Hours $ 45.00 $ 3,240.00 Fleet Mileage 80 Miles $ 0.58 $ 46.00 Truck Spray Sled Rental 3 Day $ 100.00 $ 300.00 Herbicide - TBD 2.0 Gallons $ 160.00 $ 320.00 Surfactant - TBD 4 Gallons $ 75.00 $ 300.00 Misc. supplies (gloves, masks, etc.) 1 Lum $ 214.00 $ 214.00 Total Control Work $ 7,500.00 Total $ 17,500.00 III. Budget Total Task 1.1 — Control Work Open Space Areas $10,000 Task 1.2 — Control Work Boysen Ranch $7,500 TOTAL $17,500 IV. Schedule Control schedule will depend on the physiological stage of species treated, control technique employed and any permit related restictions. The final schedule will be developed and approved by the Natural Resource Manager once target species are identified. V. Personnel It is anticipated that the following individual will oversee this Scope of Work: Licensed Herbicide Applicator acrd Prn ect Manager: Jon Hall, Master of Science in Agriculture focused on Invasive Species Ecology, Cal Poly State University; Bachelor of Science in Ecology and Systematic Biology from Cal Poly with a specialization in Wildlife Biology, Cal Poly State University. Pest Control Adviser (PCA) # 073792, Qualified Applicator License (QAL) #115922. In addition, the Land Conservancy employs a full-time professional field staff with specialized training working on invasive species in sensitive habitats. All field activities are performed under the direction of the Land Conservancy licensed herbicide applicator. 0 ManagerCity - * • Final City Manager Approval Approver Name Date Approved Citv Administration Shelly for 824/16 Reviewer Routing List Reviewer Name Date Reviewed City Attorney JMA 8/23/16 Finance Director DJJ 08/22/16 August 22, 2016 FROM: Derek Johnson, Assistant City Manager PREPARED BY: Robert A. Hill, Natural Resources Manager SUBJECT: Agreement for Professional Services with The Land Conservancy of San Luis Obispo County — Invasive Species Treatment RECOMMENDATION Approve funding in the amount of $17,500 to support an Agreement for Professional Services contract with The Land Conservancy of San Luis Obispo County (LCSLO) to conduct invasive species treatment within City Open Space properties. DISCUSSION Background Invasive plant species are a substantive threat to the long-term integrity and ecological health of City Open Space property. Furthermore, according the California Invasive Plant Council (h9p,Hwww.ca1-i12c.orgl , invasive plants also "...increase wildfire and flood danger, consume valuable water, degrade recreational opportunities, and destroy productive rangeland..." In order to attend to and manage the proliferation of invasive plant species in City open space, the Natural Resources Program has prepared an Agreement for Professional Services and associated Scope of Work with The Land Conservancy of San Luis Obispo County (LCSLO). The City has enjoyed a long-standing public-private partnership with LCSLO for a variety of initiatives of the past 20 years. LCSLO has core competency in physical land restoration and invasive species treatment and control; the organization is licensed to conduct this type of work, and employs trained and credentialed staff for such purposes. In particular, LCSLO is uniquely suited to perform the proposed work for the City because of their demonstrated understanding of the legal and regulatory requirements for application of herbicides, and they also hold the necessary NPDES permit required to use herbicides in aquatic environments. The City has worked with LCSLO under a similar Agreement for Professional Services contract with positive results in the past, such as with the successful control of pampas grass from Froom Creek within the Irish Hills Natural Reserve in 2014-15. LCSLO prepared for the City the Integrated Vegetation Management Plan for Open Space Lands of the City of San Luis Obispo 2015-2020 Agreement for Professional Services — The Land Conservancy of San Luis Obispo County I Page 3 Modest staff time supported by the Natural Resources Program operating budget will allow proper oversight of the work performed in the field, as well as ensure proper reporting and regulatory permit compliance. ALTERNATIVES The City Manager may choose to disapprove the Agreement for Professional Services and use of funds, or direct staff to make revisions and / or include additional information. ATTACHMENTS 1. Agreement for Professional Services and Scope of Work TICity City Manager ReportsW dministration 12016-17I LCSLO Agmt for Prof Services