Loading...
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 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 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. 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Item #7 - AB #22,359 July 26, 2016 Page 4 of 13 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 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 1 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. /// /// /// /// /// /// /// /// /// /// /// /// /11 /// City Attorney Approved Version 1/30/13 2 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 3 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 4 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 5 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 ;.„ —1 ----- --------- ION10,01111111111111111 HAYMAR smi•Vilsir `Na—' CITY OF OCEANSIDE CITY OF CA6FLS T ir '-- - m !WAY — r - -7-- L St7.4 -2 zuts i L LL 1 1 +5 L ..,............— _I I I I I I- - - ---I- -- -- .._ 4_ I -1- I wrsoc ri ...r t I I 1 1 siogi MARRON YEAR 3 i‘ VICINITY MAP NOT TO SCALE CITY OF VISTA NOT TO SCALE LEGEND: DRAW BY: AIRED ROMERO, 1RAN7ORTATION DEPT. 02/25/2015 .k\ROAIS0_MIRED\Deportmetns_PrOcfsVRANSPC4LTADON_DEPT\Design-group\58ERRI-H0WARD\L0CA11001 MAPASUINA_VISTA_CMANNBABVC-Malattdwg Item #7 - AB #22,359 July 26, 2016 Page 13 of 13