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HomeMy WebLinkAboutCC Resolution 10754 (General Plan 2020 Vegetation)RESOLUTION NO. 10754 RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A PROFESSIONAL SERVICES AGREEMENT WITH LIVE OAK ASSOCIATES, INC. TO ASSIST WITH THE PREPARATION OF BACKGROUND INFORMATION AND WITH POLICY DEVELOPMENT PERTAINING TO BIOLOGICAL RESOURCES, INCLUDING WILDLIFE AND VEGETATION, ADDRESSED IN SAN RAFAEL GENERAL PLAN 2020 AND RELATED DOCUMENTS (P00-7) (Term of Agreement from January 16, 2001 and ending on December 31, 2002 may be continued an additional period of three months with approval of City Manager) WHEREAS, the City of San Rafael has commenced a community process for the update of the San Rafael General Plan, now called General Plan 2020; and, WHEREAS, consultant assistance is needed to provide assistance with biological, including wildlife and vegetation, resources; and, WHEREAS, the firm of Live Oak Associates, Inc. has the experience and expertise to perform such services, having the experience in northern California with both wildlife and habitat resources as well as policy development related to biological resources, and having ably served as peer review of environmental studies completed for the St. Vincent's/Silveira planning study. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael that it hereby authorizes the City Manager to sign a Professional Services Agreement with Live Oak Associates, Inc., a copy of which is attached, to work with City staff to provide biological, including wildlife and vegetation, resources assistance for San Rafael General Plan 2020, in an amount not to exceed $20,600. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on the 16`x' day of January, 2001, by the following vote, to wit: AYES: COUNCILMEM 3ERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE � M. LEONCIN , City Clerk X41 �0^ AGREEMENT FOR PROFESSIONAL SERVICES WITH LIVE OAK ASSOCIATES, INC. TO PROVIDE PRFESSIONAL PLANNING SERVICES TO ASSIST WITH THE PREPARATION OF BACKGROUND INFORMATION AND WITH POLICY DEVELOPMENT PERTAINING TO BIOLOGICAL, INCLUDING WILDLIFE AND VEGETATION, RESOURCES IN SAN RAFAEL GENERAL PLAN 2020 AND RELATED DOCUMENTS (P00-7) This Agreement is made and entered into this 16th day of January, 2001 by and between the CITY OF SAN RAFAEL (hereinafter "CITY'), and Live Oak Associates, Inc., a California corporation (hereinafter "CONTRACTOR"). RECITALS WHEREAS, the CITY has determined that professional environmental services are required to assist staff with the preparation of the environmental impact report for the San Rafael General Plan 2020; and, WHEREAS, the CONTRACTOR has offered to render certain specialized biological, including wildlife and vegetation, resources professional services in connection with this Project. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. PROJECT COORDINATION. A. CITY. The City Manager shall be the representative of the CITY for all purposes under this Agreement. The Community Development Director is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONTRACTOR. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Dave Hartesveldt is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR for any reason, the CONTRACTOR shall notify the CITY within ten (10) business days of the substitution 2. DUTIES OF CONTRACTOR. CONTRACTOR shall perform the duties and/or provide services as outlined in Exhibit "A" attached and incorporated herein. 3. DUTIES OF CITY. CITY shall pay the compensation as provided in Paragraph 4, and perform the duties as follows: provide appropriate technical data as needed for background information, development of general plan policies and completion of the environmental impact report; oversee coordination between CONTRACTOR and other environmental consultants and appropriate CITY staff; and, give adequate notice of required public meetings. 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR as described in Exhibit "A," in a total amount not to exceed $20,600, attached and incorporated herein. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. 5. TERM OF AGREEMENT. The term of this Agreement shall commence on January 16, 2001 and end on December 31, 2002. Upon mutual agreement of the parties, and subject to the approval of the City Manager, the term of this Agreement shall be extended for an additional period of three months. 6. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 7. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONTRACTOR in connection with the performance of its duties under this Agreement, shall be the sole 2 property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. S. INSPECTION AND AUDIT. Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. A .— I0 1VA The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 10. INSURANCE. A. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies: 1. A comprehensive general liability insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence for death, bodily injury, personal injury, or property damage; 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence; 3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million ($1,000,000) dollars to cover any claims arising out of the CONTRACTOR's performance of services under this Agreement. B. The insurance coverage required of the CONTRACTOR by section 11. A., shall also meet the following requirements: 1. The insurance shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or coverage for any contribution; 2. Except for professional liability insurance, the insurance policies shall be endorsed for contractual liability and personal injury; 3 3. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 4. CONTRACTOR shall provide to City's Risk Manager, (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming CITY, its officers, agents, employees, and volunteers, as additional named insureds under the policies. 5. The insurance policies shall provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon thirty (30) days written notice to City's Risk Manager. 6. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years; 7. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement; 8. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. C. If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. D. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the City's Risk Manager and the City Attorney. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. 11. INDEMNIFICATION. CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its officers, agents, employees, and volunteers, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees and administrative costs, arising out of or resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of CONTRACTOR or CONTRACTOR'S officers, agents and employees in the performance of their duties and obligations under this Agreement. 4 12. NONDISCRIMINATION. CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 13. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 14. NO TBIRD PARTY BENEFICIARIES. CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 15. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY: Bob Brown, Community Development Director Project Manager City of San Rafael 1400 Fifth Ave. (P.O. Box 151560) San Rafael, CA 94915-1560 or, as applicable: Linda Jackson, Principal Planner Community Development Department City of San Rafael 1400 Fifth Ave. (P.O. Box 151560) San Rafael, CA 94915-1560 TO CONTRACTOR: Dave Hartesveldt Live Oak Associates, Inc. PO Box 2697 Oakhurst, CA 93644 16. INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 17. ENTIRE AGREEMENT -- AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 18. SET-OFF AGAINST DEBTS. CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 19. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any 6 subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 20. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 21. CITY BUSINESS LICENSE / OTHER TAXES. CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code. CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. CONTRACTOWs taxpayer identification number is 77-0548068, and CONTRACTOR certifies under penalty of perjury that said taxpayer identification number is correct. 22. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL ROD GOULD, City Manager ATTEST: M. LEONCINI, City Clerk IJ -7<'t-/ Attorney CONTRACTOR By: Q -::-4j Name: 0aj �d j • 4 , +esueldf Title: 1P re s i de,,t, Lt' v t 0214 Ass --c• i T4.e . 7 (Revised 6/99) ATTACHMENT A APPROACH AND WORK PROGRAM Project Understanding The City of San Rafael is proposing to update its 1988 General Plan. This work will involve the preparation of an updated background report and revisions to the general plan policies consistent with both the requirements of state law and the consensus vision of the community. The information found in the General Plan background report serves as the basis for the General Plan policies that are intended to guide future planning decisions. This background report also serves as the basis for the General Plan Update Environmental Impact Report. The background report must, therefore, reflect current conditions. One element of the background report deals with the biotic resources found within the City's boundaries. This report must identify the biotic habitats present highlighting those that are "sensitive" (i.e. various types of wetlands, native grasslands, habitats suitable for state and federally listed threatened and endangered species, significant wildlife habitat, etc.). The background report must also identify the current state and federal regulations affecting development in "sensitive" habitats. A current thoroughly documemed background report ensures that general plan policies can be drafted that facilitate future development within the City boundaries consistent with state and federal law and/or policy guidelines of state and federal resource agencies. Therefore, the objective of the proposal below is to describe the work that Live Oak Associates, Inc. would complete to provide the City of San Rafael the 9 Live Oak Associates, Inc. biological resources section of an updated background report and the vegetation and wildlife setting section of a General Platt Update Environmental Impact Report. Live Oak Associates, Inc. would also provide the City with assistance in the development of general plan policies and a Draft EIR as discussed below. Scope of Work Task 1.0 Review of Existing Information. Live Oak Associates, Inc. will review all relevant background information. At a minimum such information would include the California Natural Diversity Data Base (CNDDB), the California Native Plant Society's Inventory of Rare and Endangered Vascular plants of California, technical reports dealing with the flora and fauna of the area, and any other planning documents completed for projects in the region that may be relevant to the study area. In addition, Live Oak Associates, Inc. will review several documents specific to the study area. Examples of documents potentially useful in completing the updated background report would include but, but by no means be limited to: fi Natural Environment, San Rafael General Plan, 1988 (amended in 1990) A. Marin Countywide Plan, 1994 fi Habitat Analysis of St. Vincent's School for Boys and Silveira Ranch Properties, Biosystems Analysis, Inc., July 1992 fi Bay Mud Study, St. Vincent's/Silveira Properties, Miller Pacific Engineering Group, July 1, 1992 • Preliminary Wetlands Assessment, Silveira Ranch, Harding Lawson Associates, October 1991 • Bird Use on the Lands of St. Vincent's School for Boys, Zentner & Zentner, March 1991. • East San Rafael Wetlands Mitigation Plan. ESA/Madronc. 1982. •} MPA Design et all. 1991. Shoreline Enhancement Plan, San Rafael, California. Prepared for the City of San Rafael. f Soil Survey, Marin County, Natural Resource Conservation Service, date unknown • Nichols and Wright Preliminary Map of Historic Margins of Marshland, San Francisco Bay Region, California, 1971 (or other updated maps on the limits of San Francisco Bay marshland). • Marin Audubon Society studies and bird lists from the vicinity of San Rafael. fi Marin Chapter of the California Native Plant Society Lists of special status species occurring in the vicinity of San Rafael. 0 U. S. Fish and Wildlife Service Wetland Inventory Maps 10 Live Oak AiraciareA Inc. Finally, the staff of the California Department of Fish and Came, the Regional Water Quality Control Board, the U.S. Fish and Wildlife Service and the U.S. Army Corps of Engineers will be consulted in order to fully ascertain the most current regulations related to wetlands, endangered species, water quality, etc. A review of the above information will be made so that Live Oak Associates, Inc can thoroughly investigate the information already available for the area. Furthermore, Live Oak Associates, Inc. understands that the City of San Rafael will make available many more environmental documents relevant to the planning process. Task 2.0 Fidd Reconoainance Using current aerial photography Live Oak Associates, Inc. will conduct a reconnaissance survey of the City of San Rafael to document the biotic habitats remaining within the City Limits. This field reconnaissance will be necessary to map the biotic habitats of the City. During this field reconnaissance, Live Oak Associates, Inc. wig also document the plants and animals observed. It is important to note, however, that this last task is incidental to the main task of documenting the biotic habitats present. Task 3.0 Background Report. Live Oak Associates, Inc. will provide the City of San Rafael the biological resources section of the background report based on the work completed in Tasks 1.0 and 2.0. This report will include a thorough discussion of the known information relative to the biotic resources of the study area. This report will also include the following Wraps of the study area that support the text - 0 Habitat map showing land uses within the City and the natural (or naturalized) plant associations; 0 Map of Waters of the United States (at a reconnaissance level), including the historic marshlands of the San Francisco Bay (based on Nichols and Wright, or other more recent information; 11 Live OakAswdarvs, Inc. � Map identifying the known location(s) of sensitive species including those listed as state or federally threatened or endangered, species of special concern, or California Native Plant Society listed plants; This report will also include a thorough discussion of the state and federal regulatory framework that would, or potentially could, affect planning at the present time and the foreseeable future. This background report will be due in draft form to the City of San Rafael no later than March 1, 2001, unless both the City of San Rafael and Live Oak Associates, Inc have mutually agreed to a different date. Rask 4.0 Preparation of Setting Section of the General Pian 2020 EUL The setting section of the General Plan 2020 EIR will be prepared based on the biological infomation developed for the updated Background Report. This EIR section will include the maps prepared for the updated Background Report, all of which will be generated using GIS or CAD software. Task 3.0 Assistance in the Preparation of General Plan policies in response to Conditions Described in the Background Report. Live Oak Associates, Inc. will assist the City of San Rafael in drafting general plan policies consistent with state and federal regulations and in response to the information generated in the updated background report and, more specifically, the vegetation and wildlife section of the General Plan 2020 EIR. Task 6.0 Assist Staff in the Preparation of Administrative and Draft EM Live Oak Associates, Inc. will assist the City of San Rafael with the preparation of the administrative and draft EIRs. This work will include the development of significance criteria in the evaluation of impact and a thorough analysis of possible impact resulting from the proposed general plan update. General plan policies developed as a part of Task S 0 would be developed in order to mitigate significant impacts All information generated by Live Oak Associates, Inc. for the Policy Options Report will be due by April 2, 2001 Senior staff for Live Oak Associates, Inc will be available to attend one or more public hearings. Attendance at public hearings has not been budgeted. Therefore, such attendance would be billed on a time and charges basis at the rates included in the accompanying fee schedule. 12 Live Oak Associates, Inc. Task 7.0 Assist in Preparation of the Final EIIL Live Oak Associates, Inc. is generally prepared to respond to comments to the DEIR. This work would include reading all relevant comments, and, in some cases, conducting some research to provide appropriate answers. The magnitude of this work cannot be known at this time. BUDGET Live Oak Associates, Inc. would complete Task A on a time and charges not -to -exceed basis for $14,600 as shown below. Task 1.0 Rtview of Existing Information. Rick Hopkins: 6 hours @ $100/hour S 600.00 Dave Hartesveldt: 6 hours @ $100/hour S 600.00 Bernie Wone: 32 hours @ S75/hour S 2,400.00 Task 2.0 Field Reconnaissance Bernie Wone: 32 hours @ 375/hour S 2,400.00 Task 3.0 Background Report. Rick Hopkins: 6 hours @ S1004=r S 600.00 Dave Hartesveldt: 6 hours @ S100/hour S 600.00 Bernie Wone: 32 hours @ S75/hour S 2,400.00 Tom Haney: 20 hours @ S75/hour S 1,500.00 Task 4.0 Preparation of Setting Section of the General flan 2020 EIM Rick Hopkins: 4 hours @ S 100/haur S 400.00 Dave Hartesveldt: 4 hours @ $I00/hour S 400.00 Bernie Wone: 16 hours @ S75/bour S 1,200.00 Miscellaneous Expenses (Travel, Supplies, etc.) Total (Tasks 1. through 4.0) Task 5.0 (B) Assist with General Plan Policies Task 6.0 Administrative and Drain EMs S 1,500.00 S 14,600.00 Approx. S 2,000.00 Approx. S 4,000.00 13 Live OakAswciares, Inc.