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HomeMy WebLinkAbout2008-05-20; City Council; 19451; Amending Dudek contract for wetlands mitigationCITY OF CARLSBAD - AGENDA BILL AB# ^,45! MTG. 5/20/08 DEPT. ENG APPROVAL OF AMENDMENT NO. 5 TO EXTEND AND AMEND AGREEMENT FOR PROFESSIONAL SERVICES FOR PREPARATION OF REVEGETATION CONSTRUCTION PLANS AND MONITORING FOR RANCHO SANTA FE ROAD WETLANDS MITIGATION WITH DUDEK & ASSOCIATES, PROJECT NO. 3907 fyyfr S^P^ DEPT. HEAD~j^-pT CITY ATTY. /2#C_ CITY MGR. * ^ ^ RECOMMENDED ACTION: Adopt Resolution No. 2008-144 approving Amendment No. 5 to extend and amend agreement for professional services for preparation of revegetation construction plans and monitoring for Rancho Santa Fe Road Wetlands Mitigation with Dudek & Associates, Project No. 3907. ITEM EXPLANATION: The regulatory permits for construction of Rancho Santa Fe Road North, Phases 1 and 2, required mitigation and restoration for disturbance to wetland, upland, and ephemeral stream areas. The wetland mitigation restoration work is in two areas. The 0.5 acre on-site wetland mitigation restoration work, in the area under and adjacent to the new bridges over San Marcos Creek, is completed. The 3.6 acre off-site wetland mitigation restoration work is expected to begin this summer. Dudek & Associates prepared the plans for both wetland mitigation restoration areas and is under contract to monitor the installation of the restoration work. Dudek's agreement is set to expire on June 18, 2008. Due to delays in getting to construction of the off-site restoration area, staff desires to have Dudek continue with monitoring and consulting services during the construction of the off-site wetlands. Additional funding is needed as changes to the on-site plans and construction area used up the funding previously authorized. The time delays were due to staff's attempts to secure federal funding for the off-site wetland mitigation restoration work. ENVIRONMENTAL IMPACT: The City Council, at their meeting on June 2, 1992, passed Resolution No. 92-152 certifying EIR No. 91-1 for both Phase 1 and Phase 2 of the Rancho Santa Fe Road project. The City Council, at their meeting on April 25, 2000, passed Resolution No. 2000-128 approving Addendum No. 2 to the final EIR No. 91-1 for Rancho Santa Fe Road. This EIR covers the realignment and widening of Rancho Santa Fe Road from La Costa Avenue to Melrose Drive. This on-site and off-site wetland mitigation restoration work is to comply with requirements of the California Department of Fish and Game (CDFG) 1601 permit issued for the road realignment project. FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED *D D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES D D D D DEPARTMENT CONTACT: David Mauser, (760) 602-2739, dhaus@ci.carlsbad.ca.us Page 2 FISCAL IMPACT: The table below summarizes the costs for the construction of Rancho Santa Fe Road North, Project No. 3907. Project Costs TASK DESCRIPTION Design and Environmental Planning* Environmental Mitigation & Monitoring Right-of-Way Acquisition Construction, Inspection, Materials Testing & Public Relations TOTAL ESTIMATED COST APPROPRIATED TO DATE $3,139 $512,557 $119,236 $18,006,068 $18,641,000 EXPENDITURES/ ENCUMBRANCES AS OF 4/30/2008 $3,139 $512,557 $119,236 $17,567,540 $18,202,472 REMAINING BALANCES $0 $0 $0 $438,528 $438,528 * The remainder of the design costs for the Rancho Santa Fe Phase II project were incorporated into the Rancho Santa Fe Phase I project (Project No. 3190). The additional funding requested is $21,000. Sufficient funds are currently appropriated from the Rancho Santa Fe Road Fund to Project No. 3907 to complete the work. EXHIBITS: 1. Location Map. 2. Resolution No. 2008-144 approving Amendment No. 5 to extend and amend the agreement for professional services for preparation of revegetation construction plans and monitoring for Rancho Santa Fe Road Wetlands Mitigation with Dudek & Associates, Project No. 3907. 3. Amendment No. 5 to extend and amend the agreement for professional services for preparation of revegetation construction plans and monitoring for Rancho Santa Fe Road Wetlands Mitigation with Dudek & Associates, Project No. 3907. LOCATION MAP OFF-SITE LOCATION NOT TO SCALE CITY OF OCEANSIDE HIGHWAY SITE PACIFIC OCEAN VICINITY MAP NOT TO SCALE PROJECT NAME OFF-SITE WETLAND MITIGATION PROJECT NUMBER 3907 EXHIBIT 1 DRAWN BY: SCOTT EVANS. CARLSBAD ENGNIEERING DEPT. 12/06/07 C; \CAPITAL\HELMING\3907 OFF-SITE UlTtGATlON.DVIG 1 RESOLUTION NO. 2008-144 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, APPROVING AMENDMENT NO. 5 TO EXTEND AND AMEND AGREEMENT FOR PROFESSIONAL 4 SERVICES FOR PREPARATION OF REVEGETATION CONSTRUCTION PLANS AND MONITORING FOR RANCHO 5 SANTA FE ROAD WETLANDS MITIGATION WITH DUDEK & ASSOCIATES. PROJECT NO. 3907. 6 WHEREAS, the City Council of the City of Carlsbad, California, consider it necessary 7 and in the public interest to approve Amendment No. 5 to extend and amend the agreement for 8 professional services for preparation of revegetation construction plans and monitoring for g Rancho Santa Fe Road Wetlands Mitigation with Dudek & Associates, Project No. 3907; and 10 WHEREAS, the contractor, Dudek & Associates, possess the necessary skills and qualifications to provide the services described above; and 12 WHEREAS, Amendment No. 5 to extend and amend the agreement for professional 13 services for preparation of revegetation construction plans and monitoring for Rancho Santa Fe 14 Road Wetlands Mitigation with Dudek & Associates, has been prepared and submitted hereto. 15 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 1R California, as follows: 1. That the above recitations are true and correct. 18 2. That Amendment No. 5 to extend and amend the agreement for professional 19 services for preparation of revegetation construction plans and monitoring for Rancho Santa Fe 20 Road Wetlands Mitigation with Dudek & Associates is hereby approved in the amount of $21,000 21 and the Mayor is authorized and directed to execute said Extension and Amendment of 22 Agreement. 23 3. The City Clerk is authorized and directed to forward copies of the signed 24 Amendment No. 5 to Dudek & Associates, and the Engineering Department. 25 /// 26 /// 27 /// 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 20th day of May. 2008, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. JDEW LEWIS, Mayor ATTEST: LORRAJNE M. WOOD, City Clerk (SEAL. AMENDMENT NO. 5 TO EXTEND AND AMEND AGREEMENT FOR PROFESSIONAL SERVICES FOR PREPARATION OF REVEGETATION CONSTRUCTION PLANS AND MONITORING OF RANCHO SANTA FE ROAD WETLANDS MITIGATION (DUDEK AND ASSOCIATES, INC.) This Amendment No. 5 is entered into and effective as of the /•'IsT day of 200_S_, extending and amending the agreement dated June 20, 2002_ __ (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Dudek & Associates, Inc., a California corporation, ("Contractor") (collectively, the "Parties") for professional services for preparation of revegetation construction plans and monitoring of Rancho Santa Fe Road wetlands mitigation. RECITALS A. On June 17, 2004, the Parties executed Amendment No. 1 to the Agreement to extend the agreement for a period of one (1) year and amend the scope of work to include preparation of the plans and specifications separate from the Brookfield University Commons mitigation plans; and B. On May 13, 2005, the Parties executed Amendment No. 2 to the Agreement to amend the scope of work to modify plans and specifications for the irrigation system and water sources and potential changes to the location of a portion of wetland mitigation; and C. On May 30, 2006, the Parties executed Amendment No. 3 to the Agreement to extend the agreement for a period of one (1) year; and D. On July 19, 2007, the Parties executed Amendment No. 4 to the Agreement to extend and amend the scope of work and fee schedule and fund the Agreement for a period of one (1) year; and E. The Parties desire to alter the Agreement's scope of work to provide for bidding assistance for the offsite wetlands area as well as continue to provide construction support and biological monitoring; and F. The Parties desire to extend the Agreement for a period of two (2) years, and G. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1 . In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the total Agreement amount shall not exceed twenty one thousand dollars ($21,000.00). 2. City will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed twenty one thousand dollars ($21,000.00). 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 #05.22.01 3. Contractor will complete all work described in Exhibit "A" by June 18,2010. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version #05.22.01 2 6. 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 DUDEK & ASSOCIATES, INC., a California corporation *By:ageror Mayor ATTEST: (print name/title) T c/uciek Q (e-mail address)City Clerk *By: (sign here) (print name/title) (e-mail address) 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. 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: RONALD R. BALL, City Attorney City Attorney Approved Version #05.22.01 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Date personally appeared before me, Dl/dd S.leSSQdQ t Here Insert Name ana Public. ) Name(s) of Signer(s) MM8ERLYS.1BSADA Commtaion # 151M93 Notary Public - CaNton*) Son Diego County My Comm. Expires Oct 9,2008 who proved to me on the basis of satisfactory evidence to be the person(s) whose namqjs)) is(arj? subscribed to the within instrument and acknowledged to me that he/shetfhej^ executed the same in his/he(jffhejj)authorized capacities), and that by his/he(7fiTefi;)signature(fJ)on the instrumenTthe person^ or the entity upon behalf of which the person^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document, Description of Attached Document Title or Type of Document: Document Date:. Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer —Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing:. RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402• www.NationalNotary.org Item #5907 Reorder:Call Toll-Free 1 -800-876-6827 DUDEK EXHIBIT "A" MAIN OFFICE 605 THIRD STREET ENCINITAS, CALIFORNIA 92024 T 760.942.5147 T 800.450.1818 F 760.632.0164 RECEIVED MAR 18 200B ENGINEERING DEPARTMENT 3385-02March 13, 2008 Mr. Douglas Helming Consultant Project Manager City of Carlsbad, Engineering Department 1635 Faraday Avenue Carlsbad, California 92008 Subject: Additional Biological Monitoring Services for the Rancho Santa Fe Road Off-Site Wetland Mitigation Program (Change Order Request) Dear Mr. Helming: Dudek provides this proposal requesting a change order for additional biological monitoring services associated with the Rancho Santa Fe Road offsite wetland mitigation program along San Marcos Creek. The additional services outlined herein have become necessary due to the delays in implementation of the offsite mitigation program and the additional monitoring services that are now envisioned based upon the anticipated construction schedule. As you know, the first phase of the wetland mitigation program at the Rancho Santa Fe Rd. Bridge (onsite area), is now complete. Dudek provided the biological construction monitoring of that work under our previous contract authorizations. The second phase of the wetland mitigation program, along San Marcos Creek, within the University Commons project, is slated to begin in 2008 (i.e. late summer/early fall). The bidding procedure is currently underway. Due to the delays in getting the Phase two work underway, Dudek is requesting additional funds to implement the bidding assistance work and to provide the biological construction monitoring and reporting for this portion of the wetland mitigation program. It should be noted that this current proposal does not include services to implement the long-term 5-year biological monitoring for either the onsite or offsite wetland mitigation areas. It is our understanding that the City has chosen another consultant team to provide that work and will be coordinating with them accordingly. Dudek's work under this current scope of work for the offsite mitigation area only, would involve bidding coordination, construction monitoring and monitoring during the 120-day of plant establishment maintenance period. At the successful conclusion of the 120-day period your other designated monitoring consultant would take over monitoring responsibilities. WWW.DUDEK.COM 0 Mr. Douglas Helming Subject: Additional Biological Monitoring Services for the Rancho Santa Fe Road Off-Site Wetland Mitigation Program (Change Order Request) The current attached scope of work and associated costs (Exhibit A) reflect our proposed additional services and costs for the additional monitoring work requested by the City. Please review this exhibit, as we feel we have addressed the additional services that are necessary at this time. The time delays and additional work outlined herein were not anticipated in our original contract or previous amendments with the City, so we are requesting another change order at this time to modify our contract to reflect these additional services. If this change order request meets with your approval please process whatever documents you feel are necessary to formalize this agreement and authorize these additional services. Thank you for help in assisting with processing this additional change order request! Sincerely, •i JcjHn L. Minchin, Project Manager (Landscape Architect #2225, Habitat Restoration Specialist) Att: Exhibit A cc: June Collins, Dudek _.,._.__,, 3385-02 D U D E it 2 March 2008 \\ EXHIBIT A Scope of Work and Associated Costs ADDITIONAL TASK 1: Bidding Assistance for the RSFE Rd. Offsite Wetland Mitigation Areas Within University Commons Dudek will provide bidding assistance services during 2008 for the bidding phase of the Rancho Santa Fe Road Bridge, offsite wetland mitigation project (Phase 2), within the University Commons development. Dudek will coordinate with the City of Carlsbad to assist with the bidding procedure. Dudek will coordinate final clarifications to the bid documents with the City, will attend pre-bid site meetings, will answer questions from bidders and will provide responses to requests for information in interpreting the revegetation construction documents and specifications. This work includes attendance at a maximum of two pre-bid site meetings. All work would be completed during 2008. If the project has to be re-bid, or there are delays in selecting a contractor past the Fall of 2008, then Dudek would have the right to re-negotiate this fee. ADDITIONAL TASK 1 (Bidding Assistance) $5,500.00 ADDITIONAL TASK 2: Additional Installation Construction Monitoring At The RSFE Rd. Offsite Wetland Mitigation Areas Within University Commons Dudek will provide additional installation construction monitoring services for the implementation of the Rancho Santa Fe Road, offsite wetland mitigation project (Phase 2), within the University Commons development. Dudek will coordinate with the City of Carlsbad and the selected revegetation contractor (i.e. to be determined), to help implement the installation construction monitoring and initial 120-day maintenance monitoring for the offsite mitigation areas. Dudek will coordinate with the City's designated construction inspector and will participate in periodic milestone site observation visits to verify that the revegetation installation is conducted in compliance with the construction documents (i.e. plans and specifications) and to help assure compliance with the intended mitigation/revegetation program and resource agency permits. Dudek will prepare periodic site observation reports during the course of the installation and will prepare a final letter report at the completion of the installation period (i.e. assumed to be at the end of 120-day plant establishment maintenance period), to verify completion of the installation phase and to acknowledge the start of the long-term maintenance and monitoring period. This current task assignment assumes that the actual phase 2 revegetation installation work would begin in late summer/early fall 2008 and would be completed in the spring of 2009. If the project is delayed beyond that time frame, then an additional contract amendment would likely be _..,__.,, 3385-02 D U D C K A-1 March 2008 EXHIBIT A (Cont.) necessary, and Dudek would have the right to re-negotiate this fee to reflect anticipated changes in Dudek's billing rate schedule. ADDITIONAL TASK 2 (Installation Construction Monitoring) $15,000.00 TOTAL ESTIMATED ADDITIONAL FEES (Tasks 1 & 2) $20,500.00 Reimbursable Costs $500.00 Direct/reimbursable costs for the proposed additional scope of work (Tasks 1& 2), such as mileage for site visits, reprographics, delivery costs, and other miscellaneous direct costs would be billed in addition to labor and are estimated to be $500. Direct costs will be charged using a 15% mark-up of actual costs. Dudek's direct costs do not include the cost of construction or maintenance materials, which are assumed to be part of the separate landscape contractor's installation and maintenance contract costs contracted for separately by the City. All fees will be invoiced on a time and materials basis according to the Dudek's Standard Schedule of Charges in effect at the time the services are rendered, up to a not to exceed total for this portion of the work of $21,000.00. 3385-02 D U D E It A-2 March 2008