HomeMy WebLinkAbout2016-07-26; City Council; 22359; Approval of amendment No 2 to an agreement with Natures Image Inc. for Buena Vista Creek maintenance servicesCITY OF CARLSBAD-AGENDA BILL
AB# 22 359
DATE 7/26/16
DEPT. PW
APPROVAL OF AMENDMENT NO.2 TO AN AGREEMENT
WITH NATURES IMAGE, INC. FOR BUENA VISTA CREEK
MAINTENANCE SERVICES
RECOMMENDED ACTION:
DEPT. DIRECTO~ lf.:f
CITY ATTY. ~ __.-
CITYMGR. ~
Adopt a Resolution approving and authorizing execution of Amendment No. 2 to the Agreement with
Natures Image, Inc. for Buena Vista Creek Channel Maintenance Services.
ITEM EXPLANATION:
The Buena Vista Creek Channel is located south of Highway 78 and extends from El Camino Real west to
the Jefferson Street Bridge where it discharges into the Buena Vista Lagoon. The city maintains the Buena
Vista Creek Channel between the Jefferson Street Bridge and South Vista Way Bridge via the Buena Vista
Creek Channel Maintenance District (District). The maintenance program is administered by city staff.
Staff has received permits from the California Coastal Commission and the California Department of Fish
and Wildlife to continue maintenance activities in the channel.
Two of the lots within the District are in the process of obtaining development permits from the cities of
Oceanside and Carlsbad. The development process requires various surveys for endangered species. Two
endangered species have been identified within the portion of the channel that is maintained by the
assessment district. The first endangered species is the Least Bell's Vireo which is a migratory song-bird
and in compliance with resource agency permits maintenance work will not occur in the affected area
during their breeding season. In 2015 surveys found a breeding pair of Light Footed Ridgway Rail (Rail)
which is the second endangered species. In compliance with project permits, staff met with the
Carlsbad Fish and Wildlife Office and agreed to modify annual impact areas to accommodate the Rail.
Additionally, the District will monitor for the Rail and provide the data to the agencies with the annual
report.
The city has adjusted the contract to address the mitigation measures the agencies have requested. The
adjustment of the contract includes additional biological monitoring when performing any maintenance
activities within the project limits.
DEPARTMENT CONTACT: Sherri Howard 760-602-2456 Sherri.Howard@carlsbadca.gov
FOR CLERK USE. ;i COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC D
DENIED D CONTINUED TO DATE UNKNOWN D
CONTINUED D RETURNED TO STAFF D
WITHDRAWN D OTHER-SEE MINUTES D
AMENDED D REPORT RECEIVED D
Item #7 - AB #22,359 July 26, 2016 Page 1 of 13
Approval of Amendment #2
July 26, 2016
Page 2 of 2
FISCAL IMPACT:
The estimated costs of providing the channel maintenance services are listed in the following table.
These costs include time and materials for the actual work involved in the channel maintenance and the
monitoring and reporting program required by project permits.
Original Contract Amendment No. 2
Year 1 Vegetation Removal and Monitoring $106,898 $100,962.30
Year 2 Vegetation Removal and Monitoring $85,734 $103,209.17
Year 3 Vegetation Removal and Monitoring $60,584 $110,193.39
Year 4 Vegetation Removal and Monitoring $76,504 $106,921.09
Year 5 Vegetation Removal and Monitoring $69,777 $ 54,283.35
TOTAL CONTRACT VALUE $399,497 $475,569.30
Annual assessments collected from District property owners are evaluated annually and each July, City
Council adopts the annual benefit assessments for the channel. There are adequate funds in the
District's fund balance to cover the additional costs included in the proposed Amendment No. 2.
ENVIRONMENTAL IMPACT:
A Supplemental Program Environmental Impact Report (EIR 02-03(A)), Candidate Findings of Fact and the
Mitigation Monitoring and Reporting Program (MMRP) were prepared for maintenance and flood control
activities for the Buena Vista Creek. The Supplemental Program EIR was certified by the City Council on
June 11, 2013, (Resolution No. 2013-136), in compliance with the California Environmental Quality Act
(CEQA) Guidelines Section 15090.
EXHIBITS:
1. Resolution approving Amendment No. 2 with Natures Image, Inc. for maintenance services for Buena
Vista Creek Channel Maintenance Assessment District.
2. Location Map.
Item #7 - AB #22,359 July 26, 2016 Page 2 of 13
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RESOLUTION NO. 2016-160
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AMENDMENT NO.2 TO AN AGREEMENT
WITH NATURES IMAGE, INC. FOR BUENA VISTA CREEK
MAINTENANCE SERVICES.
EXHIBIT I
WHEREAS, on March 25, 2015 the City of Carlsbad and Natures Image, Inc. (the Parties)
entered into a five year Agreement for $399,497 to perform channel maintenance to maintain
channel flow; and
WHEREAS, on Aug. 3, 2015, the Parties executed Amendment No. 1 to the Agreement to
include the work plan dated June 15, 2015, an increase to the number of visits in Years 1 and 2
to four visits per year, a change to the payment of the item from lump sum to time and
materials based on actual services performed during each visit and include routine monthly
maintenance of two storm drain outfalls resulting in the increase in the total contract amount
to $472,850; and
WHEREAS, The Parties desire to execute Amendment No. 2 to the Agreement amending
the scope of work to include the following: a biological monitor to be present during the
monthly maintenance operations at the storm drain outfalls to perform monitoring and
reporting as required by the project, delete one maintenance event from Year 1, adjust the
maintenance limits for Years 2 through 5 to accommodate the presence of endangered species,
and increasing the compensation to $475,569.30.; and
WHEREAS, The Parties have negotiated and agreed to a supplemental scope of work and
fee schedule.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California
as follows:
Item #7 - AB #22,359 July 26, 2016 Page 3 of 13
1. That the above recitations are true and correct.
2. That the Mayor is hereby authorized and directed to execute Amendment No. 2 to
the Agreement with Natures Image, Inc. for additional channel maintenance
services for the Buena Vista Creek Channel Maintenance Assessment District,
Agreement attached hereto as Attachment A.
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Item #7 - AB #22,359 July 26, 2016 Page 4 of 13
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
of Carlsbad on the 26th day of l!:!.!Y, 2016, by the following vote to wit:
AYES: Hall, Wood, Schumacher, Blackburn, Packard.
NOES: None.
ABSENT: None.
MATT HALL, M yor
ATTEST:
}j? () tlli ~:... & BARBA~iNGLESON, City Clerk tJ 9
(SEAL)
Item #7 - AB #22,359 July 26, 2016 Page 5 of 13
TRAN1192
AMENDMENT N0.2 TO AGREEMENT FOR MAINTENANCE SERVICES
NATURE'S IMAGE, INC.
TMendment No. 2 is entered into and effective as of the )!;!!} day of
.~\.1,>{=-: , 2016, amending the agreement dated March 25, 2015 (the
"Agreement") by nd between the C1ty of Carlsbad, a mumc1pal corporation, ("C1ty"), and Nature's
Image, Inc., a California corporation ("Contractor") (collectively, the "Parties") for environmental
maintenance services for the Buena Vista Creek Channel Maintenance Assessment District
located between Jefferson Street and South Vista Way bridges.
RECITALS
A. On August 3, 2015 the Parties executed Amendment No. 1 to the Agreement to
increase the number of site visits in Year 1 and Year 2 and to change the payment of the item
from lump sum to time and materials based on the actual service performed during each visit and
include routine monthly maintenance of the two storm drain outfalls; and
B. The Parties desire to alter the Agreement's scope of work to include a biological
monitor to be present during the monthly maintenance operations at the storm drain outfalls to
perform monitoring and reporting as required by the project permits and the Habitat Management
Plan; and
C. The Parties desire to alter the Agreement's scope of work to delete one exotic
Maintenance Event for a total of 3 Maintenance Events; and
D. Surveys within the channel identified the presence of both nesting and individual
endangered species within the project limits. This discovery required consultation with the
Carlsbad Fish and Wildlife Office. The result of this consultation was to modify the limits and
location of the annual vegetation removal within the areas inhabited by endangered species as
shown on attached Figure 1; 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. The following revisions have been made to the
agreement:
a. One Exotic Maintenance Visit was eliminated from Year 1 bringing the total fee for
this item to $16,599.
b. Biological Monitoring during Monthly Storm Drain Outfall Maintenance has been
added for a total annual cost each year for years 2 through 5 of $5,253.75 for a total contract cost
of $21,015.
c. Presence of an endangered species within the project limits necessitated the
City Attorney Approved Version 1/30/13
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Item #7 - AB #22,359 July 26, 2016 Page 6 of 13
TRAN1192
modification of each years Channel Clearing cost to the following new acreages and not to exceed
fee:
i. Year 2 - 1.07 acres for a revised Not to Exceed Fee of $50,413.42.
ii. Year 3 — 1.41 acres for a revised Not to Exceed Fee of $66,432.64.
iii. Year 4 — 1.26 acres for a revised Not to Exceed Fee of $59,365.34.
iv. Year 5 — 0.3 acres for a revised No to Exceed Fee of $14,134.60.
d. Modifications to the location of the Maintenance Areas requires the Bat Survey to
be completed in Year 4.
The modifications adjust the overall contract compensation from $499,398 to $475,569.30.
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 complete all work described in Exhibit "A" by March 23, 2020.
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.
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City Attorney Approved Version 1/30/13
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Item #7 - AB #22,359 July 26, 2016 Page 7 of 13
TRAN1192
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
NATURE'S IMAGE INC., a California
corporation
By~~~--
By:
(sign here)
(print name/title)
CITY OF CARLSBAD, a municipal
corporation of the State of California
By:
City Clerk
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: ~y£;'---"-~c~U="" ...:::~:::...:~::...=...._-=----
Deputy City Attorney
City Attorney Approved Version 1/30/13
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Item #7 - AB #22,359 July 26, 2016 Page 8 of 13
TRAN 1192
EXHIBIT "A"
SCOPE OF SERVICES AND FEE
AMENDMENT NO. 2
PROPOSAL SUMMARY BY YEAR AND ITEM
Item
Description
Year 1
April 2015
to March
2016
Year 2
April 2016
to March
2017
Year 3
April 2017
to March
2018
Year 4
April 2018
to March
2019
Year 5
April 2019
to March
2020
TOTAL
CONTRACT
Exotic
Maintenance
(total and
number of
visits)
3 visits 3 visits 3 visits 3 visits 2 visits
$16,599 $17,808 $11,034 $11,034 $7,422 $63,897.00
Monitoring
(T&M) -
Summit
Environmental $17,374 $17,374 $15,113 $15,113 $15,113 $80,087.00
Adjusted
Channel
Clearing
(T&M)
1.04 Acres 1.07 Acres 1.41 Acres 1.26 Acres 0.3 Acres
$52,058.30 $50,413.42 $66,432.54 $59,365.34 $14,134.60 $242,404.30
Storm Drain
Outfall
Maintenance $12,360 $12,360 $12,360 $12,360 $12,360 $61,800.00
Bat Survey
(required at
bridges) $2,571 $3,795 $6,366.00
Amendment
No. 2
Monitoring
During Storm
Drain Outfall
Maintenance -
Summit
Environmental $0 $5,253.75 $5,253.75 $5,253.75 $5,253.75 $21,015.00
ANNUAL
TOTAL $100,962.30 $103,209.17 $110,193.39 $106,921.09 $54,283.35 $475,569.30
Nature's Image will supply a biologist to monitor and report on maintenance activities at the
storm drain outfall structures during each day of the maintenance activities per the attached
proposal dated March 31, 2016.
City Attorney Approved Version # 05.22.01
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Item #7 - AB #22,359 July 26, 2016 Page 9 of 13
TRAN1192
Due to the presence of the Light Footed Ridgway Rail, an endangered species, the City of
Carlsbad consulted with the Carlsbad Fish and Wildlife office and the California Department of
Fish and Wildlife and agreed to modify Year 2 from the original contract to break up into smaller
sections and change the acreage for each of the years remaining in the five-year cycle. The
new areas have been delineated on the attached exhibit and a digitally georeferenced plan will
be provided to Natures Image for their use in the field.
City Attorney Approved Version # 05.22.01
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Item #7 - AB #22,359 July 26, 2016 Page 10 of 13
oly natures image
20361 Hermana Circle
March 31, 2016
Lake Forest, CA 92630
Exhibit "A"
ATI-N: Sherri Howard - Associate engineer
1635 Faraday Ave.
Carlsbad, Ca 92008
Sherri.Howard@carisbacica.gov
RE: Outfalls Maintenance Monitoring
NI Job #: 2691- City of Carlsbad 'Buena Vista Creek' Long Term Maintenance
CHANGE ORDER No. 2
Task Unit gly Total
Monitor Outfalls Maintenance Efforts Not to Exceed 1 $21,015.00
Inclusions: Supply biologist to monitor and report on maintenance efforts done by Natures Image in all 3
Outfalls locations. Monitor will be present every day the crew is on site.
Exclusions: Additional mobilization, aggregate, rock, gravel, bonds, certified payroll, chemical applications,
clearing & grubbing, concrete work, electrical work, erosion control or repair of erosion control, work above
6 feet and fall protection, fencing removal, repair, materials and installation, fertilizer, irrigation, irrigation
repairs or guarantee, grading, jute netting, coir fabric, straw wattles, BMP installation and/or maintenance,
photos, plant purchase, plant guarantee, plant protection, plant establishment, site maintenance, meetings,
mulch, mycorrhizae inoculum, permits, prevailing wage rates, exotic species removals, native species
removals, reports, rip rap, ripping, retention, reseeding, seed germination guarantee, safety fencing, ESA
fencing, silt fencing, site protection, site clearing, soil preparation, compaction, decompaction, soil
amendments, soil scarifying, pesticide and herbicide spraying, spraying retreatments, straw blowing,
surveying, flagging of boundaries, soil samples or testing, traffic control, cost of water, water source, water
meter, watering, weeding, repair due to acts of God, war, vandalism or neglect/damage by Owner or others,
waivers of subrogation and additional insurance endorsements. Any items not specifically mentioned in the
inclusions above.
Notes: Assume easy vehicle/equipment access. Natures Image, Inc. is a non-union company. Items not
specified in this change order are neither implied nor included. This change order shall become an addendum
to any contract with the terms set forth in this addendum which shall supersede any conflicting terms in any
other contract documents. Please sign this and return document to Natures Image, Inc.
Change Order Price: Good for 30 days
Thank you for the opportunity to bid.
Sinperely,
NA URES IMAGE, INC.
Terms: Net 30 days
Viator Aguirre
Project Manager
Client Signature:
Date:
Item #7 - AB #22,359 July 26, 2016 Page 11 of 13
DUDEK SOURCE: CACoastaiCommission; SanGIS; Bing Maps
7177
Buena Vista Creek Channel Maintenance Project-Consolidated Coastal Development Permit Application Response to Request for Additional Information
Observed Special-Status Species
,6. light-footed Ridgway~ rail
Permitted Impacts
0 Year 1 (2015-2016) -1.04 acres
0 Year 2 (2016-2017)-1.20 acres
Year 3 (2017-2018)-0.77 acre
0 Year 4 (2018-2019)-1.11 acres
0 Year 5 (2019-2020)-0.96 acre
Proposed Impacts
""'\:l Year 1 (2015-2016) -1.04 acres
~ Year 2 (2019-2020)-0.30 acre
.{) Year 3 (2016-2017)-1.07 acres
6ZSJ Year 4 (2017-2018)-1.41 acres
~ Year 5 (2018-2019)-1.26 acres
FIGURE 1
Permitted Impacts vs. Proposed Impacts -Biological Resource Map
Item #7 - AB #22,359 July 26, 2016 Page 12 of 13
EXHIBIT PROJECT NAME BUENA VISTA CHANNEL
MAINTENANCE DISTRICT
AP _OCATION
PERIODIC CLEANING OF OVERGROWTH
WITHIN AREA AS SHOWN
AREA OF CHANNEL NOT
CLEANED
CITY OF ENCINITAS
L_
CITY OF OCEANSIDE
HIGHWAY 78
SITE
CITY OF SAN MARCOS
PACIFIC OCEAN
'I
I
CONCRETE LINED CHANNEL
_O_C_EA_N_S_ID_E_____________
STATE HIGHWAY 17E3
YEAR 2
YEAR 4
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CITY OF OCEANSIDE
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MARRON
YEAR 3
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VICINITY
MAP
NOT TO SCALE
CITY OF VISTA
NOT TO SCALE
LEGEND:
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