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
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CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER -SEE MINUTES
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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
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Rancho Santa Fe Road Mitigation Project, hereafter the "Project;" and
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WHEREAS, said agreement has been amended and extended from time to time by
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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.
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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