HomeMy WebLinkAbout2016-01-26; City Council; 22177; Approval of Ratification of Amendment No. 2 to Agreement with The Land Stewards for Installation of Stormwater Best Management Practices in the Poinsettia Fire Burn Area1
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RESOLUTION NO. 2016-002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING RATIFICATION OF AMENDMENT NO. 2
TO THE AGREEMENT WITH THE LAND STEWARDS FOR
INSTALLATION OF STORMWATER BEST MANAGEMENT PRACTICES
IN THE POINSETTIA FIRE BURN AREA AS MAY BE NEEDED BECAUSE
OF THEEL NINO STORMS
EXHIBIT 1
WHEREAS, the City of Carlsbad and The Land Stewards (the Parties) entered into an
agreement for $151,640 for the installation of stormwater best management practices (BMPs)
in the Poinsettia fire burn area on Dec. 19, 2014 (Agreement); and
WHEREAS, on April 10, 2015, the Parties executed Amendment No. 1 to the Agreement
to increase the allowable amount by $148,360; and
WHEREAS, the current Agreement expired on Dec. 19, 2015; and
WHEREAS, the Parties desire to execute a Ratification of Amendment No. 2 to alter the
Agreement's scope of work to increase the Agreement by an amount not to exceed $100,000,
for a total Agreement amount not to exceed $400,000, and to include additional installation of
stormwater BMPs in the Poinsettia fire burn area as may be needed in response to storm
events due to the upcoming El Nino storms predicted; and
WHEREAS, it is in the city's interest to execute a Ratification of Amendment No. 2 to
allow the installation of additional BMPs as needed to protect the city's storm drain system that
drains the Poinsettia fire burn area from becoming clogged with sediment that may lead to
flooding and increased storm drain maintenance costs; and
WHEREAS the Parties desire to extend the Agreement for a period of one year, expiring
on Dec. 19, 2016; and
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WHEREAS, Ratification of Amendment No. 2 is being funded from the Public Works
current operating budget in the General Fund.
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 Ratification of Amendment No. 2 to the Agreement with The Land Stewards
8 will extend the Agreement for an additional one year period, expiring on Dec. 19, 2016.
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3. That Ratification of Amendment No. 2 to the Agreement with The Land Stewards
will increase the contract by an amount not to exceed $100,000, for a total Agreement amount
not to exceed $400,000, and the Mayor is hereby authorized and directed to execute said
amendment.
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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 January 2016, by the following vote to wit:
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AYES: Council Members Hall, Wood, Schumacher, Blackburn.�
NOES: Council Member Packard.
ABSENT: None.
ATTEST:
/ ,,,," ., BARBARA ENGLESON, <Gi y Clerk
(SEAL)
RATIFICATION OF AMENDMENT NO.2 TO AGREEMENT FOR INSTALLATION OF
STORMWATER BEST MANAGEMENT PRACTICES IN THE POINSETTIA FIRE BURN AREA
(THE LAND STEWARDS)
This Ratification of Amendment No. 2 is entered into as of the ~ g-fh day of
Jt<f\JJ~ , 20.1..k_, but effective as of the 19th day of December,
2015, ratifying the amend ent of the agreement dated December 19, 2014 (the "Agreement") by
and between the City of Carlsbad, a municipal corporation, ("City"), and THE LAND STEWARDS,
("Contractor") (collectively, the "Parties") for installation of stormwater best management practices
in the Poinsettia Fire burn area.
RECITALS
A. On April 10, 2015, the Parties executed Amendment No. 1 to the Agreement to
increase the Agreement amount by one hundred forty eight thousand three hundred sixty dollars
($148,360) for a total Agreement amount of three hundred thousand dollars ($300,000); and
B. The Parties desire to alter the Agreement's scope of work to include additional
installation of stormwater BMPs in the Poinsettia Fire burn area as may be needed due to the
upcoming El Nino storms predicted; and
C. The Parties desire to alter the Agreement's scope of work to increase the
Agreement amount by one hundred thousand dollars ($1 00,000), for a total Agreement amount
of four hundred thousand dollars ($400,000); and
D. The Parties desire to extend and fund the Agreement for a period of one year,
ending on Dec 19, 2016; and
E. The Parties have negotiated and agreed to a supplemental scope of work and fee
schedule which is attached to and incorporated in this reference as Exhibit "A" Scope of Services
and Fee; and
F. The Parties desire to ratify any amended scope of work already performed by the
Contractor without the benefit of this Amendment.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. The retroactive amendment of the Agreement is ratified.
2. In addition to those services contained in the Agreement, as may have been
amended from time to time, Contractor has provided, or will provide, those services described in
Exhibit "A". With this Amendment, the total Agreement amount shall not exceed four hundred
thousand dollars ($400,000).
3. 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 thousand dollars ($100,000).
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
City Attorney Approved Version 1/30/13
EXHIBIT "A"
SCOPE OF SERVICES AND FEE
The scope of work shall include installation of stormwater BMPs in the Poinsettia Fire burn area per the
original Agreement's scope of work, as may be needed as directed by city staff per the rates listed below.
All work subject to field verification prior to billing.
Burlap gravel bags $2.66 EA
Bio-degradable fiber rolls $1.90 LF
Standard silt fence w/wood stakes $2.25 LF
Husk coir logs $9.00 LF
Hydromulch "Fiexterra HP-FGM" $0.14 SF
City Attorney Approved Version #05.22.01
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Best Management Practices:
Poinsettia Fire Burn Area
January 26, 2016
Best Management Practices:
Poinsettia Fire Burn Area
January 26, 2016
Discharge of Sediment From Burn Area
Into Parking Lot
Contractor Installing BMPs and
Cleaning Brow Ditch
Sandbag Berm Protecting
Storm Drain Inlet
Sandbag Berm During Rainstorm
Straw Wattles Capturing Sediment and
Promoting Regrowth
Discharge of Sediment From Burn Area
Into Parking Lot
Contractor Installing BMPs and
Cleaning Brow Ditch
Sandbag Berm Protecting
Storm Drain Inlet
Sandbag Berm During Rainstorm
Straw Wattles Capturing Sediment and
Promoting Regrowth