HomeMy WebLinkAbout2016-10-04; City Council; ; Approve resolution authorizing appropriation of funds and authorizing City Manager to execute Amendment No. 3 to agreement with Saving Sacred Sites for monitoring services on El Camino Real Road Widening Project PN. 3957CA Review
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
in an Amount not to Exceed $172,900, and Authorizing the City Manager
to Execute Amendment No. 3 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,
Project No. 3957.
Recommended Action
Approval of a Resolution authorizing the appropriation of additional funds in an amount not to
exceed $172,900, and authorizing the City Manager to execute Amendment No. 3 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, Project No. 3957.
Executive Summary
The project is required to have a Native American monitor during all excavation and processing
of soil. Due to extended duration and expanded scope of the project, additional services in an
amount not to exceed $172,900, are required to complete the necessary monitoring.
Discussion
The purpose of Project No. 3957 is to widen 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. 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.
The project's environmental document, a 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 following the tribal
procedures outlining the documentation, curation, and reporting of artifacts when found.
To be in compliance with the project's MND, the city obtained the services of a Native American
Monitor that is experienced in monitoring ground disturbing activities at construction sites. The
Item #2 October 4, 2016 Page 1 of 14
most likely 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. On Sept. 15, 2015, the city
executed Amendment No. 1 to the Agreement to increase the allowable amount to $99,999. On
Oct. 20, 2015, City Council approved Amendment No.2 in the amount of $64,734 via Resolution
No. 2015-258. The original amount of material to be evaluated was approximately 190 cubic
yards. During the construction of drainage improvements, additional areas of sensitive material
were identified. An additional 85 cubic yards of material requires processing, an increase of over
50 percent. Due to the extended duration and expanded scope ofthe project, additional services
are needed to complete the monitoring for the project.
Fiscal Analysis
Staff is seeking City Council approval of Amendment No.3 in an amount not to exceed $172,900,
increasing the Agreement to a total amount of $337,633, as shown in the table below. This
project is funded with both Traffic Impact Fees and TransNet Funds. Staff is requesting the
appropriation of $172,900 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: $9,120
Amendment No. 1: $90,879
Amendment No. 2: $64,734
A~:endmentN«l~ 3: . · .. ·; $~zi,90o
TotafAgreementAmount: .. ; $337,633
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
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. 3 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, Project No. 3957.
2. Location map.
Item #2 October 4, 2016 Page 2 of 14
RESOLUTION NO. 2016-206
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROPRIATING ADDITIONAL FUNDS, AND AUTHORIZING
THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3 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.
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, 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
WHEREAS, on Feb. 2, 2015, the city entered into an Agreement for $9,120 with Saving 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 Widening, Tamarack
Avenue to Chestnut Avenue, Project No. 3957, increasing the Agreement by $90,879; and
WHEREAS, on Oct. 20, 2015, the City Council adopted Resolution No. 2015-258, authorizing the
execution of 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 3957, increasing the Agreement by $64, 734; and
WHEREAS due to the extended duration and expanded scope of the project, additional services
are needed to complete the monitoring for the project; and
WHEREAS, this project is funded with both Traffic Impact Fees and TransNet funds; and
Item #2 October 4, 2016 Page 3 of 14
EXHIBIT 1
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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as
follows:
1. That the above recitations are true and correct.
2. That the Administrative Services Director is authorized to appropriate $172,900 from
funds available in the General Capital Construction budget.
3. That the City Manager is authorized and directed to execute Amendment No. 3 to
Agreement with Saving Sacred Sites for Native American Monitoring Services on El Camino
Real Road Widening, Tamarack Avenue to Chestnut Avenue, Project No. 3957, attached
hereto as Attachment A.
Item #2 October 4, 2016 Page 4 of 14
EXHIBIT 1
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.
MATT HALL Ma
(SEAL)
Item #2 October 4, 2016 Page 5 of 14
AMENDMENT NO. 3 TO AGREEMENT FOR NATIVE AMERICAN MONITORING SERVICES
ON PROJECT NO. 3957, EL CAMINO REAL ROAD WIDENING, TAMARACK AVENUE TO
CHESTNUT AVENUE
(SAVING SACRED SITES)
~Amendment No. 3 is entered into and effective as of the 24th day of
_J....._.. , 20.1../£., amending the agreement dated Feb. 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. On Oct. 21, 2015, the Parties executed Amendment No. 2 to the Agreement 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 dollars ($164,733); and
C. The Parties desire to alter the Agreement's scope of work to increase the
Agreement allowable amount by one hundred seventy two thousand nine hundred dollars
($172,900) for a total yearly Agreement amount of three hundred thirty seven thousand six
hundred thirty three dollars ($337,633); and
D. 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 one hundred seventy two thousand nine
hundred dollars ($172,900). 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 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
1
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 ea~ 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:
CITY OF CARLSBAD, a municipal
corporation of the State of California
By: Cit~~r Bireetor
ATTEST:
\jiKYlo w !Zflt ~joe
BARBARA ENGLESON
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:~ ----~----------~--------Deputy City Attorney
AMENDMENT NO. 3 TO AGREEMENT FOR NATIVE AMERICAN 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
2
EXHIBIT A
Saving Sacred Sites
A California Non-Profit Corporation
Casey Arndt
Municipal Projects Manager
City of Carlsbad ·
1635 Faraday Ave.
Carlsbad, CA 92008
1889 Sunset Drive • Vista, CA 92081
760-724-8505 • FAX 760-724-2172
September 9, 2016
VIA ELECTRONIC MAIL
Casey.Arndt@carlsbadca.gov
RE: Second REVISED & UPDATED PROPOSAL OF PROJECTED
Dear Mr. Arndt:
COSTS FOR NATIVE AMERICAN MONITORING SERVICES BY
SAVING SACRED SITES FOR THE EL CAMINO REAL ROAD
WIDENING PROJECT IN THE CITY OF CARLSBAD, CA
Saving Sacred Sites is honored to continue providing our Native American monitoring services for the El
Camino Real Road Widening Project (11Project") for the City of Carlsbad. Per your request, Saving Sacred
Sites submits the following Second Revised & Updated Proposal of Projected Costs for your review. This is
a continued job cost proposal for the inclusion of construction monitoring and associated archaeological
data recovery monitoring. The projected costs for these services are provided below.
Projected 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
Casey Arndt
This is a continued Project involving the widening of El Camino
Real in Carlsbad, CA (11Project Site/Location/Area").
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 Luiseno Native American monitor.
City Attorney Approved Version 1/30/13
3
..
Expected Length of Project:
Monitors Hourly Wage:
Number of Native American
Monitors Required:
Additional Costs Associated
with Monitoring of Project:
70 days (560 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
$154,000.00.
Native American monitors are reimbursed for all reasonable and
documented mileage expenses at the current IRS mileage rate
of $.54 cents 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 .54 cents a
mile for these Native American monitors, the estimated
expense is $54.00 each per day. Therefore, for five (5) Native
American monitors, the estimated mileage reimbursement for
this Project will be $18,900.00.
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 term of 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
City Attorney Approved Version 1/30/13
4
Invoicing Requirements:
Proposal Summary:
Sites. The hourly rate will not be applicable to travel time to
and from the Project site.
The Owner/Developer agrees that Saving
Sacred Sites may invoice for the Native American
monitors' compensation 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.
It is expected that SSS' monitors will need to be present for 70
days (560 hours). It is further estimated that five (5) monitors
will be needed given the proposed activities: construction
monitoring and associated archaeological data recovery
monitoring. Therefore, it is estimated that the cost forfive (5)
Native American monitors to be present during the Project's
activities will be
$154,000.00 plus mileage reimbursement of
$18,900.00, for a total cost of $172,900.00.
In conclusion, SSS's projected cost estimate for five (5) Native American monitors to be present
at your Project for another estimated 70 days (560 hours) is $172,900.00. If you have any comments or
questions, please do not hesitate to contact me at 760.724.8505.
Sincerely,
/f
(/
Carmen Mojado
President, Saving Sacred Sites
City Attorney Approved Version 1/30/13
5
LOCATION MAP
NOT TO SCALE
PROJECT NAME EL CAMINO REAL ROAD WIDENING, MEDIAN
IMPROVEMENTS, UNDERGROUND/NG UTILITIES & UPGRADING
TRAFFIC SIGNALS FROM TAMARACK AVENUE TO CHESTNUT AVENUE
DRAWN BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 8 8 OB C: TRANSPORTATION DEPARTMEN LOCATION Iii.PS 3957.DIIG
PROJECT
NUMBER
3957,3643,
6302 & 6303
EXHIBIT
l
1 Item #2 October 4, 2016 Page 14 of 14
Casey Arndt
Oct. 4, 2016
El Camino Real Widening Update
CIP Project Location
CIP Project Changes
•Unsuitable material discovered during grading
•Existing substandard pavement sections
•Cultural resource support
•Project schedule changes
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
Private Development Project Location
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