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HomeMy WebLinkAbout2010-04-27; City Council; 20203; Amendment Rancho Santa Fe Rd Mitigation ProjectCITY OF CARLSBAD - AGENDA BILL AB# 20,203 MTG. 04/27/10 DEPT. PEM APPROVAL OF AMENDMENT NO. 9 TO EXTEND AND AMEND AN AGREEMENT FOR ENVIRONMENTAL SERVICES FOR THE RANCHO SANTA FE ROAD MITIGATION PROJECT DEPT. DIRECTOR £ty^/- CITY ATTORNEY £j§5-> CITY MANAGER (jj— — RECOMMENDED ACTION: Adopt Resolution No. 2010-089 approving Amendment No. 9 to extend and amend an existing agreement with Dudek for construction phase environmental services required for the Rancho Santa Fe Road Wetlands Mitigation Project. ITEM EXPLANATION: The Rancho Santa Fe Road Mitigation Project is currently underway and requires supplemental construction phase environmental services during completion of the project. The supplemental environmental services include: - Provide ongoing environmental monitoring of the mitigation site and preparation of an assessment of the 2009 - 2010 Winter season storm damage; Prepare alternatives, recommendations, and a contractor scope of work for the needed repair work; - Prepare notification letters to the Resource Agencies addressing the storm damage; - Conduct global positioning system field mapping of the mitigation site; Prepare additional mapping, exhibits, and reports; - Provide field monitoring of the remedial grading and repair work to the check dam, berms, drainage ditches, and slopes as they effect the mitigation site; - Conduct additional irrigation system repair inspection; - Provide remedial planting and seeding inspection; Prepare site observation reports and final environmental monitoring of the repair work; - Conduct focused surveys for the adjacent California Gnatcatcher during the repair work. The current agreement, with previously approved extensions, expires in June of this year and the needed additional environmental services will extend beyond this time period requiring an extension of the agreement per Carlsbad Municipal Code section 3.28.040(c)(8). Staff recommends approval of this Amendment No. 9. ENVIRONMENTAL IMPACT: On June 2, 1992, the City Council adopted Resolution No. 92-152 certifying the EIR Number 91-1 for Phases 1 and 2 of the Rancho Santa Fe Road Project. On April 25, 2000, the City Council adopted Resolution No. 2000-128 approving Amendment No. 2 to the EIR which addresses the realignment and widening of Rancho Santa Fe Road from La Costa Avenue to Melrose Drive. The Rancho Santa Fe Road Mitigation Project is the product of this development and required by the California Department of Fish and Game's 1601 permit issued to the City of Carlsbad for the widening project. DEPARTMENT CONTACT: John Cahill, 760-602-2726. John.Cahill@carlsbadca.gov FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED JsT D D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES D D D D Page 2 FISCAL IMPACT: The table below shows the current status of the Rancho Santa Fe Road Phase 1 and Phase 2 projects: RANCHO SANTA FE ROAD - PHASE 1 and PHASE 2 - PROJECT 3190 & 3907 TASK DESCRIPTION Design Environmental Mitigation & Monitoring Right-of-Way Acquisition Construction, Inspection, Materials Testing TOTAL ESTIMATED COST APPROPRIATED TO DATE $3,753,882 $4,603,619 $239,799 $38,472,281 $47,069,581 EXPENDITURES/ ENCUMBRANCES $3,752,899 $4,068,991 $231,749 $38,465,377 $46,519,016 REMAINING BALANCES $983 $534,628 $8,050 $6,904 $550,565 The total cost of Amendment No. 9 is $25,100. Sufficient Rancho Santa Fe Road funds exist in the project account for this amendment without requiring additional appropriations. EXHIBITS: 1. Location map. 2. Resolution No. 2010-089 approving Amendment No. 9 to extend and amend an existing agreement for construction phase environmental services required for the Rancho Santa Fe Road Wetlands Mitigation Project. Amendment No. 9 to Extend and Amend Agreement for Supplemental Construction Phase Services Required for the Rancho Santa Fe Road Wetlands Mitigation Project. LOCATION MAP PROPOSED GRADING AREA NOT TO SCALE SAGEWOOD ACCESSROAD CITY OF OCEANSIDE HIGHWAY SDG& PROPOSED GRADING AREA PACIFIC OCEAN VICINITY MAP NOT TO SCALE PROJECT NAME RANCHO SANTA FE ROAD MITIGATION PROJECT PROJECT NUMBER 3907 EXHIBIT 1 DRAWN BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 8/25/08 C:\CAPITAL\CAHILL\3907.DWG 3 1 RESOLUTION NO. 2010-089 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, APPROVING AMENDMENT NO. 9 TO EXTEND AND AMEND AN AGREEMENT FOR 4 SUPPLEMENTAL CONSTRUCTION PHASE ENVIRONMENTAL SERVICES REQUIRED FOR THE RANCHO SANTA FE ROAD 5 WETLANDS MITIGATION PROJECT 6 WHEREAS, the City Council of the City of Carlsbad, California, hereafter "City," 7 approved an agreement with Dudek, on June 20, 2002, to provide environmental services for the 8 Rancho Santa Fe Road Mitigation Project, hereafter the "Project;" and 9 WHEREAS, said agreement has been amended and extended from time to time by 10 mutual agreement of the parties; and WHEREAS, said agreement requires an additional extension necessary for Dudek to provide supplemental environmental services required by City to complete the Project; and 1 O WHEREAS, a scope of work has been prepared for said supplemental environmental14 services; and15 WHEREAS, the City Council of the City of Carlsbad, California hereby finds it necessary,16 desirable, and in the public interest to extend and amend the aforementioned agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,1o ._ California, as follows: 20 1 • That the above recitations are true and correct. 21 2. That Amendment No. 9 to extend and amend the aforementioned agreement is 22 hereby approved and the Mayor is authorized to execute said amendment. 23 /// 24 /// 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 27th day of April, 2010, by the following vote to wit: AYES: Council Members Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: Mayor Lewis CLAUDE AlkEWISTMayor Ann J. Kulchin, Mayor Pro-Tern ATTEST: LORRAINE WW00D,<gty Clerk (SEAL) Karen R. Kundtz. Assistant City Clerk o- PWENG289 AMENDMENT NO. 9 TO EXTEND AND AMEND AGREEMENT FOR SUPPLEMENTAL CONSTRUCTION PHASE SERVICES REQUIRED FOR THE RANCHO SANTA FE ROAD WETLANDS MITIGATION PROJECT (DUDEK) This Amendment No. 9 is entered into and effective as of the - day of 2010, extending and amending the agreement dated June 20, 2002_ (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Dudek, a California corporation, ("Contractor") (collectively, the "Parties") for professional services for the construction phase of the Rancho Santa Fe Road Wetlands Mitigation Project, hereafter the "Project." 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. On May 21, 2008, the Parties executed Amendment No. 5 to the Agreement to extend the agreement for two (2) additional years and provide supplemental construction phase services; and F. On December 12, 2008, the Parties executed Amendment No. 6 to the Agreement to amend the agreement for supplemental endangered species field surveys; and G. On May 7, 2009, the Parties executed Amendment No. 7 to the Agreement to include supplemental environmental services required for the Project; and H. On October 30, 2009, the Parties executed Amendment No. 8 to the Agreement to include endangered species field surveys for the Project; and I. The Parties desire to extend the Agreement for a period of two (2) additional years and alter the Agreement's scope of work to provide supplemental construction phase environmental services; and I. 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 Proposal dated March 10, 2010. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1 . That the Agreement, as may have been amended from time to time, is hereby extended for a period of two (2) years ending on June 18, 2012. City Attorney Approved Version #05.22.01 1 2. 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 annual Agreement amount shall not exceed One Hundred Forty Four Thousand Three Hundred dollars ($144,300). 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 twenty five thousand one hundred dollars ($25,100). 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. 4. Contractor will complete all work described in Exhibit "A" and deliver to City a written summary report of the activities and results of said work no later than June 18, 2012. 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 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 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 DUDEK, a California corporation /f *By: CITY OF CARLSBAD, a municipal corporation of the State of California (print name/title) (e-mail address)ATTEST: *Bv: (sign here) June Collins (print name/ LOR City Clerk Karen R . K\uadO»///Assistant City Clerk JS&S&''' (> A. ^ (e-mail address) '', ^9»H^- N<" 'f ^ & ' N If required by City, proper notarial acknowledgment of execution'fry'Detractor 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: RONALD R. BALL, City Attorney By:. eputy City Attorn City Attorney Approved Version #05.22.01 ACKNOWLEDGMENT State of California County of San Diego On 31 ' , ,26/0 before me, Pamela J. Bristow, Notary Public (insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. WITNESS my hand and official seal. (Seal) -------»•••"wwwv^^^vWV PAMELA J. BRISTOW Commission No. 1774575 NOTARY PUBLIC-CALIFORNIASAN DIEGO COUNTY My Comm. Expires October 21,2011 ACKNOWLEDGMENT State of California County of San Diego On 3L 2® (O before me, Pamela J. Bristow, Notary Public (insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. WITNESS my hand and official seal. Signature PAMELA J. BRISTOW Commission No. 1774575 o NOTARY PUBLIC - CALIFORNIA «SAN DIEGO COUNTY } My Comm. Expires October 21,2011 (Seal) DUDEK March 10, 2010 MAIN OFFICE 605 THIRD STREET ENCINITAS, CALIFORNIA 92024 T 760.942.5147 T 800 450.1818 F 760.632.0 I 64 RECEIVED MAR 15 2010 ENGINEERING DEPARTMENT 3385-07 John Cahill Municipal Project Manager City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 Subject:Additional Amendment Request for Supplemental Construction Management and Biological Monitoring Services for the Rancho Santa Fe Road Off-Site Wetland Mitigation Project, 2009-2010 Winter Storm Damage Assessments and Recommendations Dear Mr. Cahill: Dudek provides this additional amendment request, outlining supplemental environmental consulting services that Dudek has provided, as well as services that Dudek still needs to provide to assist with the construction administration and field monitoring of the Rancho Santa Fe Road Off-Site Wetland Mitigation Project. As you know, Dudek has incurred additional consulting and monitoring costs due to an extended installation and maintenance period time frame and to address the significant flood damage that has been occurred within the wetland mitigation areas from the 2009-2010 winter storms. Due to the extent of the additional work that has become necessary, Dudek is unable to absorb these additional costs into our current contract budget, and we are requesting an additional amendment to our contract to cover these supplemental services. The additional services that have become necessary are the result of delays in completion of the construction due to the unforeseen winter storm events and resultant damage to the wetland mitigation areas. The additional work that has become necessary includes, responding to additional City of Carlsbad (City) requests to conduct further site investigations to evaluate the storm damage, attend periodic meetings at the City and in the field, and providing recommendations for appropriate remedial repair measures. Dudek was also requested to prepare an additional contractor scope of work write-up with supportive graphics which the City plans to use to solicit a bid from the contractor to conduct the repair work. Dudek also anticipates that additional monitoring work will be necessary to help coordinate and verify the actual field repair work, once it is implemented in late April 2010. None of these additional services were envisioned in our original contract or in subsequent contract amendments. WWW.DUDEK COM Mr. John Cahill Subject: Additional Amendment Request for Supplemental Construction Management and Biological Monitoring Services for the Rancho Santa Fe Road Off-Site Wetland Mitigation Project, 2009—2010 Winter Storm Damage Assessments and Recommendations In order to address our current contract shortfall, Dudek is requesting that another amendment to our contract be processed so that we will have sufficient budget to cover the additional services provided to date, as well as to cover the remainder of the additional construction monitoring work through the end of the remedial installation and maintenance period. The following scope of work further details the additional work items that have become necessary to address the storm damage, and which have caused us to exceed our previous monitoring budget. ADDITIONAL SCOPE OF WORK Task 1 Additional Construction Management and Remedial Repair Assessments Dudek will provide additional project management and consulting services coordination between the City, O'Day Consultants, and the Contractor to address the 2009-2010 winter storm damage. Dudek will conduct field assessments of the storm damage and provide written recommendations with supportive graphics to describe the current conditions and to outline the proposed remedial repair work. Dudek will assist the City with preparing a contractor scope of work for bidding out the actual repair work. The following tasks are included as part of these additional services: • Project management coordination between the City, O'Day Consultants, and the Contractor to address 2009-2010 winter storm damage • Attendance at additional City of Carlsbad office meetings and field meetings to help assess the storm damage and coordinate repair recommendations • Preparation of additional notification letters to the Resource Agencies to address the storm damage • Conduct additional Global Positioning System (GPS) field mapping • Preparation of additional maps/exhibits showing the field conditions following the storm damage and to outline remedial work items • Preparation of damage assessment letters and remedial recommendations. Estimated Labor Cost for Task 1 $11,400.00 DUDEK 2 March 2010 Mr. John Cahill Subject: Additional Amendment Request for Supplemental Construction Management and Biological Monitoring Services for the Rancho Santa Fe Road Off-Site Wetland Mitigation Project, 2009—2010 Winter Storm Damage Assessments and Recommendations Task 2 Additional Revegetation Construction Monitoring Services to Address Storm Damage Repair Work (work still pending). Dudek will also provide additional revegetation construction monitoring during the actual implementation of the remedial repair work, to help field direct the repair effort and to verify completion of the work. Dudek will also provide additional monitoring under an assumed 120-day extended maintenance period after completion of the repair work. The following tasks are included as part of these additional services: • Provide additional field monitoring of grading repair work and construction of secondary check dams and berms (assumes a maximum of three visits) • Provide additional irrigation repair monitoring inspection, within lower canyon area, to repair storm damage (assumes one visit) • Provide additional planting and seeding repair inspections, within lower canyon area, to repair storm damage (assumes a maximum of two visits) • Provide additional/extended 120-day plant establishment monitoring period site visits (assumes a maximum of four visits) • Provide final GPS mapping and verification of repair areas • Prepare periodic site observation reports (assumes a maximum of six reports) and final reporting on completion of repair work to City and Resource Agencies. Estimated Labor Cost for Task 2 $8,200.00 Task 3 Additional Focused Surveys for the California Gnatcatcher Since the anticipated remedial repair work is scheduled to occur during the 2010 spring nesting period of the federally listed threatened California gnatcatcher, additional focused surveys will be necessary in all areas adjacent to the proposed remedial work areas. All suitable gnatcatcher habitat areas within approximately 500 feet of the proposed remedial work area will be surveyed. Dudek assumes that this constitutes less than 100 acres, which is the maximum that can be surveyed within one survey day. The surveys will be conducted by a Dudek biologist holding federal permits to conduct California gnatcatcher surveys. The surveys will be conducted in accordance with the current U.S. Fish and Wildlife Service (USFWS) protocol (USFWS 1997). The site is located within an enrolled Natural Community Conservation Planning area; therefore, 3385-07 March 2010 Mr. John Cahill Subject: Additional Amendment Request for Supplemental Construction Management and Biological Monitoring Services for the Rancho Santa Fe Road Off-Site Wetland Mitigation Project, 2009-2010 Winter Storm Damage Assessments and Recommendations three (3) visits are required. Site visits at a minimum interval of 7 days are required to obtain an adequate accuracy of counts. As specified in the USFWS guidelines, surveys will not be conducted when the air temperatures are below 55°F or above 95°F, and if winds are stronger than 15 miles per hour. Bird activity and consequently the ability to detect this species typically declines during these adverse weather conditions. Data will be collected on the number of individual gnatcatchers and habitat characteristics, including slope, elevation, dominant vegetation types, and habitat disturbances. If a gnatcatcher is detected, time will be spent in trying to determine if they are nesting and where the nest is located. The locations of any observed gnatcatchers and detected nest locations will be mapped on an aerial photograph and then transferred to a topographic base map. Per the requirements of the USFWS protocol, a report must be submitted to the USFWS within 45 days of the completion of the survey. The report summarizes the methods and results of the survey. The report will be provided to the City of Carlsbad for approval prior to submittal to the USFWS. Estimated Labor Cost for Task 3 $5,000.00 Subtotal Labor Costs for Tasks 1-3 $24,600.00 Additional Direct/Reimbursable Expenses $500.00 TOTAL COST (TASKS 1-3, PLUS ADDITIONAL EXPENSES) $25,100.00 The proposed additional fee for completion of the supplemental work items outlined herein under Tasks 1, 2, and 3 would be billed on a time-and-materials basis, not to exceed $25,100.00. This includes $24,600.00 in labor and $500.00 in direct/reimbursable costs. This amendment would raise the contract value for Phase 7 construction monitoring to $76,168.00 ($51,568 previous budget, plus $24,600.00 current amendment). Direct/reimbursable costs including mileage, reprographics charges, and other direct charges, will continue to be billed in addition to the labor amount under Phase 99; this amendment would raise the Phase 99 budget to $3,500.00 ($3,000.00 previous budget, plus $500.00 current amendment). Thus, the new overall contract total would be $144,300.00 ($119,200.00 previous contract, plus $25,100.00 current amendment). All labor hours will be billed according to our original contract billing rate arrangements. The total overall additional services cost (i.e., amendment request amount) is $25,100.00. DUDEK , 3385'07 March 2010 \L Mr. John Cahill Subject: Additional Amendment Request for Supplemental Construction Management and Biological Monitoring Services for the Rancho Santa Fe Road Off-Site Wetland Mitigation Project, 2009—2010 Winter Storm Damage Assessments and Recommendations Exclusions Not included in this current scope of work are the following: • Additional directed sensitive plant or wildlife species surveys (other than as described herein under Task 3) • Additional vegetation mapping outside of project limits • Additional wetlands delineations • Attendance at additional meetings or hearings other than those outlined herein • Additional resource agency permit negotiations • Preparation of final "as-built" plans • Additional long-term biological monitoring and reporting beyond the additional installation and 120-day maintenance period described herein to assess the remedial repair work. Dudek will be happy to add any of these tasks on a time-and-materials basis if so desired by the City. Thank you for your attention to this amendment request. If these additional services are acceptable, please process a contract amendment for this additional work at your earliest convenience. Please feel free to call me at 760.479.4279 if you have any questions regarding this additional work. Sincerely, Minchin, Landscape Architect ior Project Manager cc: Stuart Fraser, Dudek Mike Sweesy, Dudek 3385-07 March 2010