HomeMy WebLinkAbout2005-02-01; City Council; Resolution 2005-0241
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EXHIBIT 2
RESOLUTION NO. 2005-024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT NO. 6 TO
EXTEND AND AMEND AN AGREEMENT WITH NATIVE LANDSCAPE,
VARIOUS CAPITAL IMPROVEMENT PROJECTS, PROJECT NOS.
31 84,3593,AND 3466.
INC., FOR BIOLOGICAL AND LONG-TERM MONITORING FOR
WHEREAS, the City Council of the City of Carlsbad, California, has determined
it necessary and in the public interest to approve and accept an Amendment No. 6 to extend and
amend an agreement with Native Landscape, Inc., for biological monitoring and long-term
maintenance for various capital improvement projects including Olivenhain Road Widening
(Project No. 3466), Cannon Road West (Project No. 3184), and Faraday Avenue (Project No.
3593); and
WHEREAS, a mutually satisfactory fee for the services has been negotiated; and
WHEREAS, Amendment No. 6 to the Professional Agreement with Native Landscape,
Inc., has been prepared and is attached hereto; and
WHEREAS, funds have been previously appropriated for the capital projects and there are
sufficient funds available for this agreement; and
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.
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2. That Amendment No. 6 which extends and amends an agreement with Native
Landscape, Inc., for biological monitoring and long-term maintenance for various capital
mprovement projects, a copy of which is attached as Exhibit 2 to the agenda bill, is hereby
approved.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
qeld on the 1st day of FEBRUARY , 2005 by the following vote, to wit:
AYES: Council Members Lewis, Hall, Kulchin. Packard, Sigafoose
NOES: None
ABSENT: None
rn Jd L/c&
SLAUDE A. LEWIS, dayor
MATT HALL, Mayor Pro Tem
ATTEST:
LORRAINE M. WdlOD, City Cldrk (SEAL)
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AMENDMENT NO. 6 TO EXTEND AND AMEND AGREEMENT FOR
VARIOUS CAPITAL IMPROVEMENT PROJECTS
(NATIVE LANDSCAPE, INC.)
BIOLOGICAL MONITORING AND LONG-TERM MAINTENANCE FOR
This Amendment No. 6 is entered into and effective as of the lo&%-. day of Iv\fy* , 200s, extending and amending the agreement dated
February 23, 2001 (the “Agreement”) by and between the City of Carlsbad, a municipal
corporation, (“City”), and Native Landscape, Inc., a California corporation, (“Contractor”)
(collectively, the “Parties”) for biological monitoring and long-term maintenance services for
preparation of reports as required by regulatoryhesource agency protocols.
RECITALS
A. On April 18, 2001, the Parties executed Amendment No. 1 to the Agreement to
increase the maintenance of Site 4) Olivenhain Road Widening Wetland Mitigation Project from
one (1) year to two (2) years; and
B. On April 18, 2001, the Parties executed Amendment No. 2 to the Agreement to
transfer the planting of 24, 1-gallon shrubs from an open market public works contract to this
Agreement; and
C. On August 13,2003, the Parties executed Amendment No. 3 to the Agreement to
increase the maintenance of Site 4) Olivenhain Road Widening Wetland Mitigation Project for
six (6) additional months (June 2003 to December 2003); and
D. On August 13, 2003, the Parties executed Amendment No. 4 to perform
additional weed control and maintenance of the Olivenhain Road Widening Temporary Impact
Area; and
E. On February 24, 2004, the Parties executed Amendment No. 5 to continue
maintenance of Areas A and C and to extend the Agreement for a period of one (1) year; and
F. The Parties desire to alter the Agreement’s scope of work to 1) delete all work
associated with the Olivenhain Road Widening Wetland Mitigation Project from Year 3
Maintenance and maintenance and weeding in Temporary Impact Area; 2) Update the schedule
of fees; 3) Continue long-term maintenance of Cannon Road West Wetland Restoration Project;
and
G. The Parties desire to extend the Agreement for a period of eighteen months.
H. The Parties have negotiated and agreed to a supplemental scope of work and
fee schedule, which is attached to and incorporated in by this reference as Exhibit “I”, Scope of
Services and Fee.
City Attorney Approved Version #05.22.01
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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 “I”.
With this Amendment, the total annual Agreement amount shall not exceed one hundred sixty
nine thousand six hundred twenty dollars and 30 cents ($1 69,620.30).
2. City will pay Contractor for all work associated with those services described in
Exhibit “I” on a time and materials basis not-to-exceed nine thousand one hundred twenty four
dollars and sixty five cents ($9,124.65). 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 “I” by July 2006.
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 the 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 #05.22.01
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
NATIVE LANDSCAPE, INC., a
California corporation
*By:
CITY OF CARLSBAD, a municipal
corporation of the State of Califo .
(sign here) ATTEST:
-7 db< (print namekitle) c -4f--m*@-
-mL(&&J-, ~UY .Ae-t LORRAINE M. WOOD
(e-mail addhss) City Clerk
**By:
(sign here) / '
(e-mail address)
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:
RONALD R. BALL, City Attorney
By:
3 City Attorney Approved Version #05.22.01
EXHIBIT “I”
TASK
SCOPE OF SERVICES AND FEE
FEE
SCOPE OF WORK
B. Olivenhain Road Widening (deductive)
C. Cannon Road Coastal Sage Scrub Maintenance Allowance
Item 18. Specific Projects
(9,545.35)
$1 0,000
A. Cannon Road West Wetland Restoration Proiect (Maintenance)
(to be paid time and matelials) TOTAL FEE
Provide long-term maintenance under the direction of AMEC Earth and Environmental, Inc., for a 2.58-acre wetland restoration site and as required by
resource agency permits. Maintenance period March 2005 through July 2006.
$9,124.65 I
B. Olivenhain Road Widening
Project has been completed and no additional services are required.
C. Cannon Road Coastal Saqe Scrub Slope Hydroseeding (Maintenance)
Schedule of Fees for Time and Materials Work
Irrigation Technician $85 per hour
La borers $28 per hour
Foreman $58 per hour
Truck $60 per day
Debris Removal $125 per load
Materials Invoice plus 15%
City Attorney Approved Version #05.22.01
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