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