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HomeMy WebLinkAbout2015-10-20; City Council; 22113; Amendment 2 Agreement Saving Sacred Sites El Camino Real Road Widening, Tamarack Avenue, Chestnut Avenue 3957CITY OF CARLSBAD - AGENDA BILL 1 AB# 22,113 APPROVAL OF AMENDMENT NO. 2 TO AGREEMENT WITH SAVING SACRED SITES ON THE EL CAMINO REAL ROAD WIDENING, TAMARACK AVENUE TO CHESTNUT AVENUE, PROJEa NO. 3957 DEPT. DIRECTOR^ DATE 10-20-15 APPROVAL OF AMENDMENT NO. 2 TO AGREEMENT WITH SAVING SACRED SITES ON THE EL CAMINO REAL ROAD WIDENING, TAMARACK AVENUE TO CHESTNUT AVENUE, PROJEa NO. 3957 CITY ATTY. DEPT. PW-TRAN APPROVAL OF AMENDMENT NO. 2 TO AGREEMENT WITH SAVING SACRED SITES ON THE EL CAMINO REAL ROAD WIDENING, TAMARACK AVENUE TO CHESTNUT AVENUE, PROJEa NO. 3957 CITYMGR. RECOMMENDED ACTION: Adopt Resolution No. 2015-258 approving Amendment No. 2 to the Agreement with Saving Sacred Sites for Native American monitoring services on the El Camino Real Road Widening, Tamarack Avenue to Chestnut Avenue, Project No. 3957. ITEM EXPLANATION: The subject project is widening El Camino Real from Tamarack Avenue to Chestnut Avenue. The project will provide three lanes of travel in each direction, bike lanes, a new raised median, curb, gutter and sidewalks, providing operational improvements and enhanced mobility and connectivity for all modes of travel. Additionally, this project will remove the existing utility poles and place the facilities underground as part of the Underground Utility District No. 19, which was formed by City Council on April 27, 2010. Both traffic signals along El Camino Real at the intersections of Tamarack Avenue and Chestnut Avenue will be upgraded. This project obtained easements from adjacent property owners, environmental clearance, and regulatory agency permits to construct these improvements. A construction contract was awarded by City Council to Los Angeles Engineering, Inc., and work began on Dec. 4, 2014. The project's environmental document, the Mitigated Negative Declaration (MND), requires a Native American monitor be present full-time during grading/excavation of native soils. In the event of a discovery, ground disturbing activities are required to be halted to allow for preliminary evaluation of potentially significant archeological resources. Procedures are set forth for documentation, curation, and reporting of artifacts when found. To be in compliance with the project's MND, the city obtained the services ofa Native American monitor that is experienced in monitoring ground disturbing activities at construction sites. The last known descendants of this area are those from the San Luis Rey Band of Mission Indians. Therefore, the city entered into an Agreement with the Mission Indian's monitoring group, Saving Sacred Sites, to monitor construction activities on this project. Due to the duration and scope of the project, additional services are needed to remain in compliance. FOR CLERK USE. COUNCIL ACTION: DEPARTMENT CONTACT: Patrick Vaughan 760-602-2780 patrick.vaughan(!a)carlsbadca.gov APPROVED DENIED CONTINUED WITHDRAWN AMENDED CONTINUED TO DATE SPECIFIC • . • CONTINUED TO DATE UNKNOWN • • RETURNED TO STAFF • • OTHER - SEE MINUTES • • REPORT RECEIVED • Project No. 3957 Approval of Amendment 10/20/2015 Page 2 of 2 FISCAL IMPACT: On Sept, 15, 2015, the city executed Amendment No. 1 to the Agreement to increase the allowable amount to $99,999. Staff is seeking City Council approval of Amendment No. 2 in the amount of $64,734, increasing the Agreement to a total amount of $164,733, as shown in the table below. This project is funded with both Traffic Impact Fees and TransNet Funds. There are sufficient remaining appropriations available in the project budget to fund this increase. Original Agreement Amount: $9,120 Amendment No. 1: $90,879 Amendment No. 2: $64,734 Total Agreement Amount: $164,733 ENVIRONMENTAL IMPACT: A Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program were prepared for the El Camino Real Road Widening project (CDP 07-22 / HDP 07-02 / SUP 07-04 / HMP 07- 08) and this project is within the scope ofthe MND. The Notice of Intent to adopt an MND was published in the newspaper Nov. 1, 2007, and sent to the County Clerk's Office for a 30-day public period. The MND was adopted by the Planning Commission on June 3, 2009 in compliance with the California Environmental Quality Act (CEQA) Guidelines Section 15074. EXHIBITS: 2015-258 approving Amendment No. 2 with Saving Sacred Sites for 1. Resolution No. _ Native American monitoring services on the El Camino Real Road Widening, Tamarack Avenue to Chestnut Avenue, Project Nos. 3957. 2. Location map. 3. Amendment No. 2 to Agreement for Native American Monitoring Services on Project No. 3957, El Camino Real Road Widening, Tamarack Avenue to Chestnut Avenue. LOCATION MAP wor ro SCALE PROJECT NAME EL CAMINO REAL ROAD WIDENING, MEDIAN IMPROVEMENTS, UNDERGROUNDING UTILITIES & UPGRADING TRAFFIC SIGNALS FROM TAMARACK AVENUE TO CHESTNUT AVENUE PROJECT NUMBER 3957,3643, 6302 & 6303 EXHIBIT mm BY: SCOTT EVANS. DWLSS/U) EMGjNSOTW EXHIBIT I 1 RESOLUTION NO. 2015-258 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, 3 CALIFORNIA, APPROVING AMENDMENT NO. 2 TO THE AGREEMENT WITH SAVING SACRED SITES FOR NATIVE AMERICAN 4 MONITORING SERVICES ON THE EL CAMINO REAL ROAD WIDENING, TAMARACK AVENUE TO CHESTNUT AVENUE, PROJECT 5 NO. 3957. 6 7 WHEREAS, on Aug. 26, 2014, the City Council of the City of Carlsbad awarded a 8 construction contract for the construction of the El Camino Real Road Widening, Tamarack Avenue to Chestnut Avenue, Project No. 3957; and WHEREAS, the project's environmental document required the services of a Native American monitor that is experienced in monitoring ground disturbing activities at construction sites; and 9 10 11 12 13 14 WHEREAS, on Feb. 2, 2015, the city entered into an Agreement for $9,120 with Saving 15 Sacred Sites for Native American monitoring services on the El Camino Real Road Widening, Tamarack Avenue to Chestnut Avenue, Project No. 3957; and WHEREAS, on Sept. 15, 2015, the city executed Amendment No. 1 to the Agreement with Saving Sacred Sites for Native American monitoring services on the El Camino Real Road 16 17 18 19 2Q Widening, Tamarack Avenue to Chestnut Avenue, Project No. 3957, increasing the Agreement 21 by $90,879; and 22 WHEREAS, due to the duration and scope ofthe project, additional services are needed to remain in compliance; and WHEREAS, this project is funded with both Traffic Impact Fees and TransNet funds; and WHEREAS, there are sufficient remaining appropriations available in the project budget 23 24 25 26 27 to fund this increase; and 28 1 WHEREAS, Amendment No. 2 for $64,734 to the Agreement for Native American Monitoring Services has been prepared. 3 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California 4 as follows: 5 , ^. That the above recitations are true and correct. 6 7 2. That the City of Carlsbad approves Amendment No. 2 to Agreement with Saving 8 Sacred Sites for Native American Monitoring Services on El Camino Real Road Widening, Tamarack Avenue to Chestnut Avenue, Project No. 3957, and the City Manager is authorized and directed to execute said Amendment. /// /// 9 10 11 12 13 14 /// 15 /// 16 17 18 19 20 23 24 25 26 27 28 /// /// /// /// 21 /// 22 /// /// /// /// 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 ofthe City Council ofthe City of Carlsbad on the 20*^ day of October 2015, by the following vote to wit: AYES: NOES: Council Members Hall, Blackburn, Schumacher, Wood, Packard. None. ABSENT: None. MATT HALL, Mayor ATTEST: BARBARA ENGLESON, Ci^y Clerk r O: AMENDMENT NO. 2 TO AGREEMENT FOR NATIVE AMERICAN MONITORING SERVICES ON PROJECT NO. 3957, EL CAMINO REAL ROAD WIDENING, TAMARACK AVENUE TO CHESTNUT AVENUE (SAVING SACRED SITES) This^mendment No. 2 is entered into and effective as of the ^1 day of OCfflT^yy 20 I't?, amending the agreement dated February 2, 2015 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and SAVING SACRED SITES, ("Contractor") (collectively the "Parties") for Native American monitoring services on Project No. 3957, El Camino Real Road Widening, Tamarack Avenue to Chestnut Avenue. . RECITALS A. On Sept. 15, 2015, the Parties executed Amendment No. 1 to the Agreement to increase the Agreement allowable amount by ninety thousand eight hundred seventy nine dollars ($90,879) for a total yearly agreement amount of ninety nine thousand nine hundred and ninety nine dollars ($99,999); and B. The Parties desire to alter the Agreement's scope of work to increase the Agreement allowable amount by sixty four thousand seven hundred thirty four dollars ($64,734) for a total yearly Agreement amount of one hundred sixty four thousand seven hundred thirty three doiiars ($164,733); and C. 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". 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 sixty four thousand seven hundred thirty four dollars ($64,734) for a total Agreement amount of one hundred sixty four thousand seven hundred thirty three dollars ($164,733). 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. 3. Contractor will comptete all work described in Exhibit "A" by Feb. 2, 2017. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. City Attorney Approved Version 1/30/13 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. 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 By: (sign here (print nanle/title) ' i By: CITY OF CARLSBAD, a municipal corporation of the State of California ATTEST: (signhere) /J J BARBARAENGLESON (print namef/title) 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: CELIA A, BREWER, City Attorney BY: Assistant City Attorney AMENDMENT NO. 2 TO AGREEMENT FOR NATIVE AlVlERICAN MONITORING SERVICES ON PROJECT NO. 3957, EL CAMINO REAL ROAD WIDENING, TAMARACK AVENUE TO CHESTNUT AVENUE (SAVING SACRED SITES) City Attorney Approved Version 1/30/13 Saving Sacred Sites A California Non-Profit Corporation 1889 Sunset Drive • Vista. CA 92081 760-724-8505 • FAX 760-724-2172 May 1, 2015 Patrick Vaughan, P.E. City of Carlsbad Division Manager Construction Management & Inspection 5950 El Camino Real Carlsbad, CA 92008 VIA ELECTRONIC MAIL Patrick.Vaughan@carlsbadca.gov RE: REVISED & UPDATED PROPOSAL OF PROJECTED COSTS FOR NATIVE AMERICAN MONITORING SERVICES BY SAVING SACRED SITES FOR THE EL CAMINO REAL ROAD WIDENING PROJECT IN THE CITY OF CARLSBAD, CA Dear Mr. Vaughan: Saving Sacred Sites is honored to continue providing our Native American monitoring services for the El Camino Real Road Widening Project ("Project") for the City of Carlsbad. Per your request, Saving Sacred Sites submits the following Revised & Updated Proposal of Projected Costs for your review. This is a continued job cost proposal for the inclusion of construction monitoring and archaeological data recovery monitoring. The projected costs for these services are provided below. Proiected Cost Estimate for Native American Monitoring Project Name: Project Developer/Owner: Project Contact: Description of Project: El Camino Real Road Widening Project The City of Carlsbad Patrick Vaughan This is a continued Project involving the widening of El Camino Real in Carlsbad, CA (("Project Site/Location/Area"). Revised & Updated Projected Cost Estimate for the El Camino Real Road Widening Projecl Saving Sacred Sites Page I of I It is SSS' further understanding that Project Developer acknowledges and recognizes the area's past and potential discovery of cultural resources at the Project Site and has allowed the presence of a Luiseiio Native American monitor. Expected Length of Project: Monitors Hourly Wage: Number of Native American Monitors Required: Additional Costs Associated with Monitoring of Project: 63 days (500 hours) $55.00 It is estimated that five (5) Native American monitors will be necessary for this Project. Native American monitors will be necessary to provide monitoring during construction activities and during the archaeological data recovery process. Therefore, for five (5) Native American monitors, the estimated cost will be $137,500.00. Native American monitors are reimbursed for all reasonable and documented mileage expenses at the current IRS mileage rate of $.575cents per mile. Our Native American monitors reside in and outside San Diego County. Given the nature of our business, we cannot determine which Native American monitor will be placed at your site until the job is cleared to begin. Hence, to provide your company with our best estimate, we have taken the residence of our furthest monitor and estimated their travel expenses to and from the proposed job site. In this instance, the estimated mileage for our monitors who live the furthest from this job site is 100 miles/round trip. If we estimate .575 cents a mile for these Native American monitors, the estimated expense is $57.50 each per day. Therefore, for five (5) Native American monitors, the estimated mileage reimbursement for this Project will be $18,1 12.50. Saving Sacred Sites will maintain comprehensive general liability property damage and bodily injury insurance in the amount of not less than $1 million per occurrence, and workmen's compensation insurance if required by law, throughout the lerm of Revised <& Updated Projected Cost Estimate for the El Camino Real Road Widening Project Saving Sacred Sites Page 2 ofl Invoicing Requirements: this Project and provide the Owner/Developer a current certificate of insurance extending such coverage to the Native American monitor's conduct on the Project Site prior to any on site monitoring activity, if so requested. A minimum half-day charge ("show up time") will be charged to the Owner/Developer for unannounced work stoppages of Tribal monitors which are not due to actions of Saving Sacred Sites. The hourly rate will not be applicable to travel time to and from the Projecl site. The Owner/Developer agrees that Saving Sacred Sites may invoice for the Native American monitors' compensalion on a monthly basis. The Owner/Developer also agrees to remit payment in full to Saving Sacred Sites within thirty (30) days of receipt of said invoice. Proposal Summarv: It is expected that SSS' monitors will need to be present for 63 days (500 hours). It is further estimated that five (5) monitors will be needed given the proposed activides: construction monitoring and archaeological dala recovery monitoring. Therefore, it is estimated that the cost for five (5) Native American monitors to be present during the Project's activities will be $137,500 plus mileage reimbursement of $ 18,112.50. for a tolal co.st of $155,612.50. It is the praclice of Saving Sacred Sites to invoice the Owner/Developer for the Native American monitors' compensation on a monthly basis. Owner/Developer musl agree lo remit payment in full within thirty (30) days of receipt of Saving Sacred Sites' invoice. Revised & Updated Projected Cost Estimate for the El Camino Real Road Widening Project Saving Sacred Sites Page 3 of 3 In conclusion, SSS's projected cost estimate for five (5) Native American monitors to be preseni al your Projecl for the estimated 63 days (500 hours) is $155,612.50. If you have any comments or queslions, plea.se do nol hesitate lo contact me at 760.724.8505. Sincerely, Carmen Mojado Presideni, Saving Sacred Sites cc: Merri Lopez-Keifer, SSS General Counsel Revised & Updated Projected Cost Estimate for the El Camino Real Road Widening Project Saving Sacred Sites Page 4 of 4