HomeMy WebLinkAbout2016-01-12; City Council; ; APPROVAL OF RATIFICATION OF AMENDMENT NO. 2 TO AGREEMENT WITH THE LAND STEWARDS FOR INSTALLATION OF STORM WATER BEST MANAGEMENT PRACTICES IN THE POINSETTIA FIRE BURN AREADEPT. DIRECT
CITY ATTY.
CITY MGR. kit)
AB# 22,177
DATE 01-12-2016
DEPT. PW-TRAN
CITY OF CARLSBAD - AGENDA BILL
APPROVAL OF RATIFICATION OF AMENDMENT NO. 2 TO
AGREEMENT WITH THE LAND STEWARDS FOR
INSTALLATION OF STORM WATER BEST MANAGEMENT
PRACTICES IN THE POINSETTIA FIRE BURN AREA AS MAY
BE NEEDED BECAUSE OF THE EL NINO STORMS
RECOMMENDED ACTION:
Adopt Resolution No. 2016-002 approving Ratification of Amendment No. 2 to Agreement
with The Land Stewards for installation of stormwater best management practices (BMPs) in the
Poinsettia fire burn area as may be needed because of the El Nino storms.
ITEM EXPLANATION:
On Dec. 16, 2014, the City Council adopted Resolution 2014-281 authorizing the execution of an
agreement with The Land Stewards in the amount of $151,640 and initial term of one year, to install
BMPs related to the 2014 Poinsettia fire (Agreement). The justification for performing this work on
private property was to reduce the likelihood of further damage to the habitat on an interim basis
following the Poinsettia fire in compliance with the city's Habitat Management Plan (HMP) Implementing
Agreement. The city entered into a first amendment to the Agreement on April 10, 2015, increasing the
contract amount by $148,360. The existing Agreement expired on Dec. 19, 2015. Staff desires to retain
the services of The Land Stewards, as may be needed in response to the predicted El Nino storm events,
at the direction of city staff. A second amendment is required to both extend the term of the Agreement
for one additional year and allow for an increase of funding, not to exceed $100,000.
While installing the BMPs helped fulfill the city's obligations under the HMP Implementing Agreement,
continuing to protect the Poinsettia fire burn area from erosion is in the city's best interest due to the
risk of sedimentation entering the city storm drain system. The BMPs installed per the original
Agreement are performing as intended, however, some have filled to capacity and additional BMPs may
be needed in order to accommodate the expected El Nino storms. Installing additional BMPs will also
help the natural re-vegetation process and reduce the need for ongoing maintenance.
Successful restoration of habitat in these open space areas is necessary to re-establish the recreational
and aesthetic benefits, protect water quality, protect the city's infrastructure, and maintain compliance
with both the HMP and Municipal Storm Water Permit requirements.
The city will obtain an updated consent to install erosion control BMPs and a release of liability from each
affected property owner prior to work being done.
DEPARTMENT CONTACT: Patrick Vaughan 760-602-4676 patrick.vaughan@carlsbadca.gov
FOR CLERK USE.
COUNCIL ACTION: APPROVED 0 CONTINUED TO DATE SPECIFIC 0
DENIED 0 CONTINUED TO DATE UNKNOWN 0
CONTINUED 0 RETURNED TO STAFF 0
WITHDRAWN 0 OTHER— SEE MINUTES 0
AMENDED 0 REPORT RECEIVED 0
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The Land Stewards Amend. No. 2
1/12/2016
Page 2 of 2
FISCAL IMPACT:
Original Agreement Amount: $151,640
Amendment No. 1 (executed 4/10/2015): $148,360
Ratification of Amendment No. 2: $100,000
Total Agreement Amount: $400,000
This amendment is being funded from the Public Works current operating budget in the General Fund.
ENVIRONMENTAL IMPACT:
The project is exempt from the California Environmental Quality Act (CEQA) per State CEQA Guidelines
Section 15308 — actions taken by regulatory agencies to assure the maintenance, restoration,
enhancement, or protection of the environment where the regulatory process involved procedures for
the protection of the environment, including water quality.
EXHIBITS:
1. Resolution No. 2016-002 approving Ratification of Amendment No. 2 to the Agreement
with The Land Stewards for installation of stormwater best management practices in the Poinsettia
fire burn area as may be needed because of the El Nino storms.
2. Ratification of Amendment No. 2 to extend and amend Agreement for installation of stormwater best
management practices in the Poinsettia fire burn area.
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EXHIBIT 1
RESOLUTION NO. 2016-002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING RATIFICATION OF AMENDMENT NO. 2
TO THE AGREEMENT WITH THE LAND STEWARDS FOR
INSTALLATION OF STORMWATER BEST MANAGEMENT PRACTICES
IN THE POINSETTIA FIRE BURN AREA AS MAY BE NEEDED BECAUSE
OF THE EL NINO STORMS
WHEREAS, the City of Carlsbad and The Land Stewards (the Parties) entered into an
agreement for $151,640 for the installation of stormwater best management practices (BMPs)
in the Poinsettia fire burn area on Dec. 19, 2014 (Agreement); and
WHEREAS, on April 10, 2015, the Parties executed Amendment No. 1 to the Agreement
to increase the allowable amount by $148,360; and
WHEREAS, the current Agreement expired on Dec. 19, 2015; and
WHEREAS, the Parties desire to execute a Ratification of Amendment No. 2 to alter the
Agreement's scope of work to increase the Agreement by an amount not to exceed $100,000,
for a total Agreement amount not to exceed $400,000, and to include additional installation of
stormwater BMPs in the Poinsettia fire burn area as may be needed in response to storm
events due to the upcoming El Nino storms predicted; and
WHEREAS, it is in the city's interest to execute a Ratification of Amendment No. 2 to
allow the installation of additional BMPs as needed to protect the city's storm drain system that
drains the Poinsettia fire burn area from becoming clogged with sediment that may lead to
flooding and increased storm drain maintenance costs; and
WHEREAS the Parties desire to extend the Agreement for a period of one year, expiring
on Dec. 19, 2016; and
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WHEREAS, Ratification of Amendment No. 2 is being funded from the Public Works
current operating budget in the General Fund.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California
as follows:
1. That the above recitations are true and correct.
2. That Ratification of Amendment No. 2 to the Agreement with The Land Stewards
will extend the Agreement for an additional one year period, expiring on Dec. 19, 2016.
3. That Ratification of Amendment No. 2 to the Agreement with The Land Stewards
will increase the contract by an amount not to exceed $100,000, for a total Agreement amount
not to exceed $400,000, and the Mayor is hereby authorized and directed to execute said
amendment.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
of Carlsbad on the of , 2016, by the following vote to wit:
AYES:
NOES:
ABSENT:
MATT HALL, Mayor
BARBARA ENGLESON, City Clerk
(SEAL)
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RATIFICATION OF AMENDMENT NO. 2 TO AGREEMENT FOR INSTALLATION OF
STORM WATER BEST MANAGEMENT PRACTICES IN THE POINSETTIA FIRE BURN AREA
(THE LAND STEWARDS)
This Ratification of Amendment No. 2 is entered into as of the day of
, 20_, but effective as of the 19th day of December,
2015, ratifying the amendment of the agreement dated December 19, 2014 (the "Agreement") by
and between the City of Carlsbad, a municipal corporation, ("City"), and THE LAND STEWARDS,
("Contractor") (collectively, the "Parties") for installation of stormwater best management practices
in the Poinsettia Fire burn area.
RECITALS
A. On April 10, 2015, the Parties executed Amendment No. 1 to the Agreement to
increase the Agreement amount by one hundred forty eight thousand three hundred sixty dollars
($148,360) for a total Agreement amount of three hundred thousand dollars ($300,000); and
B. The Parties desire to alter the Agreement's scope of work to include additional
installation of stormwater BMPs in the Poinsettia Fire burn area as may be needed due to the
upcoming El Nino storms predicted; and
C. The Parties desire to alter the Agreement's scope of work to increase the
Agreement amount by one hundred thousand dollars ($100,000), for a total Agreement amount
of four hundred thousand dollars ($400,000); and
D. The Parties desire to extend and fund the Agreement for a period of one year,
ending on Dec. 19, 2016; and
E. The Parties have negotiated and agreed to a supplemental scope of work and fee
schedule which is attached to and incorporated in this reference as Exhibit "A" Scope of Services
and Fee; and
F. The Parties desire to ratify any amended scope of work already performed by the
Contractor without the benefit of this Amendment.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. The retroactive amendment of the Agreement is ratified.
2. In addition to those services contained in the Agreement, as may have been
amended from time to time, Contractor has provided, or will provide, those services described in
Exhibit "A". With this Amendment, the total Agreement amount shall not exceed four hundred
thousand dollars ($400,000).
3. City will pay Contractor for all work associated with those services described in
Exhibit "A" on a time and materials basis not-to-exceed one hundred thousand dollars ($100,000).
Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include
hours performed, hourly rates, and related activities and costs for approval by City.
City Attorney Approved Version 1/30/13
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4. Contractor will complete all work described in Exhibit "A" by December 19, 2016.
5. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
6. All requisite insurance policies to be maintained by the Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
7. The individuals executing this Amendment 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 conditions of this Amendment.
CONTRACTOR CITY OF CARLSBAD, a municipal
corporation of the State of California
By: By:
(sign here) City Manager or Mayor or Director
(print name/title) ATTEST:
By:
(sign here)
(print name/title)
BARBARA ENGLESON
City Clerk
If required by City, 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 Group B
Chairman, Secretary,
President, or Assistant Secretary,
Vice-President 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:
CELIA A. BREWER, City Attorney
By:
Assistant City Attorney
RATIFICATION OF AMENDMENT NO. 2 TO AGREEMENT FOR INSTALLATION OF STORMWATER BEST MANAGEMENT PRACTICES IN THE
POINSETTIA FIRE BURN AREA
(THE LAND STEWARDS)
City Attorney Approved Version 1/30/13 —
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EXHIBIT "A"
SCOPE OF SERVICES AND FEE
The scope of work shall include installation of stormwater BMPs in the Poinsettia Fire burn area per the
original Agreement's scope of work, as may be needed as directed by city staff per the rates listed below.
All work subject to field verification prior to billing.
Burlap gravel bags $2.66 EA
Bio-degradable fiber rolls $1.90 LF
Standard silt fence w/wood stakes $2.25 LF
Husk coir logs $9.00 LF
Hydromulch "Flexterra HP-FGM" $0.14 SF
City Attorney Approved Version #05.22.01
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