HomeMy WebLinkAbout2016-10-04; City Council; ; Approve resolution authorizing appropriation of funds and authorizing City Manager to execute Amendment No. 1 to agreement with Atkins North America for archaeological recovery and processing services for Project No. 3957CA Review 2t{_
~ CITY COUNCIL
~ Staff Report
Meeting Date:
To:
From:
Staff Contact:
Subject:
Oct. 4, 2016
Mayor and City Council
Kevin Crawford, City Manag~
Casey Arndt, Municipal Projects Manager
casey.arndt@carlsbadca.gov or 760-602-2764
Approve a Resolution authorizing the appropriation of additional funds,
and authorizing the City Manager to execute Amendment No. 1 to the
Agreement with Atkins North America, Inc. for archaeological recovery
and processing services in an amount not to exceed $279A71 for the El
Camino Real Road Widening, Tamarack Avenue to Chestnut Avenue
Project, Project No. 3957.
Recommended Action
Approval of a Resolution authorizing the appropriation of additional funds, and authorizing the
City Manager to execute Amendment No. 1 to the Agreement with Atkins North America, Inc. for
archaeological recovery and processing services in an amount not to exceed $279A71 for the El
Camino Real Road Widening, Tamarack Avenue to Chestnut Avenue Project, Project No. 3957.
Executive Summary
On March 22, 2016 the City Council approved Resolution 2016-054 to award a Contract of
$588J57 to Atkins North America, Inc. for the archaeological recovery and processing services
for the grading and excavation of the El Camino Real Road Widening, Tamarack Avenue to
Chestnut Avenue project. The project is required to process and recover all culturally sensitive
material found during excavation and processing of soil. Due to extended duration and expanded
scope, additional services in an amount not to exceed $279A71 are required to complete the
necessary processing.
Discussion
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 and
curb, gutter and sidewalks. 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.
On Aug. 26, 2014 the City Council approved Resolution 2014-205 to award a Contract to Los
Angeles Engineering, Inc. Los Angeles Engineering, Inc. began work on Dec. 4, 2014.
Item #3 October 4, 2016 Page 1 of 15
During the initial grading and excavation for the El Camino Real Road Widening project
performed in early 2015, culturally sensitive material was encountered in the project limits. City
staff worked in conjunction with the designated Most Likely Descendant (MLD), represented by
Saving Sacred Sites (SSS), to assess the potential cultural significance of the discovery. It was
determined that additional excavation and sorting of the material would be required prior to
completing the necessary improvements. SSS assisted in developing the scope of work for the
Professional Services Agreement. This consultation process is consistent with Council Policy 83
(Tribal Cultural Resource Protection).
Staff prepared a Request for Proposals (RFP), which outlined the scope of work for the necessary
archaeological recovery and processing services covering all of the discovery area. Proposals
received were evaluated by staff, and Atkins North America, Inc. was selected as the most
qualified firm and the city executed an Agreement as authorized by City Council Resolution 2016-
054.
Per the initial assessment, there were approximately 190 cubic units of material to be processed.
However, two additional areas containing sensitive material were discovered during construction
of project improvements. An additional 85 cubic units are required to be processed in order to
complete the required recovery. Staff is requesting approval of an Amendment to the
Professional Services Agreement with Atkins North America, Inc., in an amount not to exceed
$279,471, to perform the archaeological recovery and processing services for this additional
duration and scope of the project. The specific location of the culturally sensitive material is
exempt from disclosure under California Government Code section 6254(r), so the scope of work
for the additional work is being kept confidential and is not attached to this Staff Report.
Fiscal Analysis
Staff is seeking City Council approval of Amendment No. 1 in an amount of and not to exceed
$279,471, increasing the Agreement to a total amount of $868,228, as shown in the table below.
This project is funded with both Traffic Impact Fees and TransNet Funds. Staff is requesting the
appropriation of $279,471 from the General Capital Construction budget to fund this
Amendment. There are adequate funds available in the General Capital Construction budget to
support the request.
Original Agreement Amount: $588,757
Amendment No. 1: $279A71
Total Agreement Amount: $868,228
Next Steps
Complete the necessary sorting and processing of impacted soil in order to finish construction
and return to City Council with a recommendation to accept the project as complete and file a
Notice of Completion.
Environmental Evaluation (CEQA)
A Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program were
prepared for the El Camino Real Road Widening project (CDP 07-22 I HDP 07-02 I SUP 07-04 I
HMP 07-08) and this project is within the scope of the MND. The Notice of Intent to adopt an
Item #3 October 4, 2016 Page 2 of 15
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.
Public Notification
None required.
Exhibits
1. Resolution authorizing the appropriation of additional funds, and authorizing the City
Manager to execute Amendment No. 1 to the Agreement with Atkins North America, Inc. for
archaeological recovery and processing services in an amount not to exceed $279,471 for the
El Camino Real Road Widening, Tamarack Avenue to Chestnut Avenue Project,
Project No. 3957.
Item #3 October 4, 2016 Page 3 of 15
RESOLUTION NO. 2016-207
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING THE APPROPRIATION OF ADDITIONAL FUNDS,
AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1
TO THE AGREEMENT WITH ATKINS NORTH AMERICA, INC. FOR
ARCHAEOLOGICAL RECOVERY AND PROCESSING SERVICES IN AN AMOUNT
NOT TO EXCEED $279,471 FOR THE EL CAMINO REAL ROAD WIDENING,
TAMARACK AVENUE TO CHESTNUT AVENUE PROJECT, PROJECT NO. 3957.
EXHIBIT 1
WHEREAS, on Aug. 26, 2014, the City Council of the City of Carlsbad awarded a Construction
Contract for the construction of the El Camino Real Road Widening, Tamarack Avenue to Chestnut
Avenue, Project No. 3957; and
WHEREAS, on March 22, 2016, the City Council of the City of Carlsbad, California, via Resolution
No. 2016-054, determined it was necessary and in the public interest to enter into an Agreement with
Atkins North America, Inc. for archaeological recovery and processing services for the widening of the
El Camino Real Road, Tamarack Avenue to Chestnut Avenue, Project No. 3957; and
WHEREAS due to the extended duration and expanded scope of the project, additional services
are needed to complete the archaeological recovery and processing services for the project; and
WHEREAS, this project is funded with both Traffic Impact Fees and TransNet funds; and
WHEREAS, there are not sufficient remaining appropriations available in the project budget to
fund this increase; and
WHEREAS, the City Council of the City of Carlsbad, California, has determined it necessary,
desirable, and in the public interest to increase the project budget; and
WHEREAS, sufficient funding for the increase is available for the remaining monitoring services
necessary to complete the project from the General Capital Construction budget; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as
follows:
Item #3 October 4, 2016 Page 4 of 15
EXHIBIT 1
1. That the above recitations are true and correct.
2. That the Administrative Services Director is authorized to appropriate $279,471 from
funds available in the General Capital Construction budget.
3. That the City Manager is authorized and directed to execute Amendment No. 1 to
Agreement with Atkins North America, Inc. for archaeological recovery and processing
services in an amount not to exceed $279,471 for the El Camino Real Road Widening,
Tamarack Avenue to Chestnut Avenue Project, Project No. 3957, attached hereto as
Attachment A.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 4th of October, 2016, by the following vote to wit:
AYES: Hall, Wood, Schumacher, Blackburn, Packard.
NOES: None.
ABSENT: None.
(SEAL)
Item #3 October 4, 2016 Page 5 of 15
AMENDMENT NO. 1 TO AGREEMENT FOR ARCHAEOLOGICAL RECOVERY AND
PROCESSING SERVICES FOR GRADING AND EXCAVATION WITHIN THE EL CAMINO
REAL ROAD WIDENING PROJECT LIMITS, TAMARACK AVENUE TO CHESTNUT AVENUE,
PROJECT NO. 3957
{ATKINS NORTH AMERICA, INC.)
9c ms ~mendment No. 1 is entered into and effective as of the /3th day of
"~o A---, 20J../.Q_, amending the agreement dated March 30, 2016
(the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and
ATKINS NORTH AMERICA, INC., a Florida Corporation ("Contractor") (collectively, the "Parties")
for archaeological recovery and processing services for grading and excavation within the El
Camino Real Road Widening project limits, Tamarack Avenue to Chestnut Avenue,
Project No. 3957.
RECITALS
A. The Parties desire to alter the Agreement's scope of work to increase the allowable
amount; and
B. 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 two hundred seventy nine thousand four
hundred seventy one dollars ($279,471 ), for a total agreement amount of eight hundred sixty eight
thousand two hundred twenty eight dollars ($868,228). 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 30, 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
1 Item #3 October 4, 2016 Page 6 of 15
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
Vice PresidenUAssistant Secretary
CITY OF CARLSBAD, a municipal
corporation of the State of California
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
~City Attorney
AMENDMENT NO. 1 TO AGREEMENT FOR ARCHAEOLOGICAL RECOVERY AND PROCESSING SERVICES FOR GRADING
AND EXCAVATION WITHIN THE EL CAMINO REAL ROAD WIDENING PROJECT LIMITS, TAMARACK AVENUE TO CHESTNUT
AVENUE, PROJECT NO. 3957
(ATKINS NORTH AMERICA, INC.)
City Attorney Approved Version 1/30/13
2
Item #3 October 4, 2016 Page 7 of 15
KINS Atkins North America, Inc.
3570 Carmel Mountain Road, Suite 300
San Diego, California 92130
Telephone: +1.858.874.181 0
Fax: +1.858.259.0741
www .atkinsglobal.com/northamerica
El Camino Real Widening
Archaeological Recovery and Processing
Amendment 1
September 7, 2016
Atkins has been contracted to provide Archaeological Data Recovery and materials processing
services to support the El Camino Real Widening Project. Atkins was selected based on a
proposal submitted February 26, 2016. Additional services are required that were not included in
the original contract. This amendment includes the archaeological work required because of
archaeological finds in the Storm Drain H system as well as unplanned work behind a retaining
wall near Location 9.
1. Archaeological Monitoring. A new area of cultural resources monitoring were added to
the Atkins Scope of Work, Storm Drain H (noted as 'Trench H' in the July Progress Report).
Additional hours were also required for monitoring at the western end of Trench 9 after a
water line was broken. The total amount of hours spent monitoring the excavation of these
areas totals to 169 hours.
2. Materials Screening and Sorting. The current contract provides a lump sum cost to
screen and sort a total of 168 cubic yards of soils from the project. The addition of Storm
Drain H and the retaining wall materials added an additional 84.7 cubic yards of soils to
be screened and sorted. This increase of 50% over the original scope of work has been
casted to include all hours screening and sorting plus the added direct expenses of
expendable field supplies such as plastic sheeting for the piles, extra buckets, bags and
boxes for artifacts. Hours have also been included here to accommodate a request for
Atkins to provide extra assistance at the screen that was not in our original scope of work.
This extra work has amounted to a total of 1 ,921 person-hours have been spent between
monitoring, screening and sorting this material. There are still126 buckets of this material
left to sort which will take a projected 928 person-hours to sort at current sorting rates.
3. Retention of Rebekah Loveless: As originally scoped in the Atkins proposal, Dr.
Madeline Hinkes was to perform all human bone identification. Due to the large amount of
bone recovered from previous phases of project work, and due to the limited availability
of Dr. Hinkes, SSS requested that we add the services of Rebekah Loveless to pre-sort
the bone for Dr. Hinkes. Rebekah Loveless is working very well with the crew, but is more
expensive than Dr. Hinkes because she is acting as a consultant and Dr. Hinkes is
subsidized by the office of the Medical Examiner. Atkins has included budget of $3,300
for this effort to cover Rebekah Loveless' fees plus coordination time.
COST ESTIMATE
The total cost for the above-described scope of work is $279,4 70.50. Atkins proposes to complete
each task on a lump sum basis. Changes to the scope of work or assumptions used in this
proposal may result in changes to individual task costs. Atkins will not exceed the estimated cost
Item #3 October 4, 2016 Page 8 of 15
ECR Archaeological Recovery and Processing
September 7, 2016
Page 2 of 3
1\TKINS
without prior written authorization by the City of Carlsbad, and will immediately inform the City of
any project changes that may impact the estimated cost.
Sincerely,
Item #3 October 4, 2016 Page 9 of 15
Casey Arndt
Oct. 4, 2016
El Camino Real Widening Update
Item #3 October 4, 2016 Page 10 of 15
CIP Project Location
Item #3 October 4, 2016 Page 11 of 15
CIP Project Changes
•Unsuitable material discovered during grading
•Existing substandard pavement sections
•Cultural resource support
•Project schedule changes
Item #3 October 4, 2016 Page 12 of 15
CIP Project Schedule
•Paving through the end of September
•Striping to be completed by mid-October, 2016
•Median planting through mid-October 2016
•Substantial completion by end of October
Item #3 October 4, 2016 Page 13 of 15
Private Development Project Location
Item #3 October 4, 2016 Page 14 of 15
Private Development Project Schedule
•Complete median storm drain mid-October
•Complete median construction mid-November
•Complete landscaping mid-December
•Asphalt paving scheduled late December
•Substantial Completion January 2017
Item #3 October 4, 2016 Page 15 of 15