HomeMy WebLinkAbout2016-07-26; City Council; Resolution 2016-1601
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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:
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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.
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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 J.!!!.y, 2016, by the following vote to wit:
AYES: Hall, Wood, Schumacher, Blackburn, Packard.
NOES: None.
ABSENT: None.
· ATTEST:
(SEAL)
AMENDMENT NO.2 TO AGREEMENT FOR MAINTENANCE SERVICES
NATURE'S IMAGE, INC.
TRAN1192
T~endment No. 2 is entered into and effective as of the Js1!:} day of
~\A,,Sk= , 2016, amending the agreement dated March 25, 2015 (the
"Agreement") by nd between the City of Carlsbad, a municipal corporation, ("City"), 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
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.
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City Attorney Approved Version 1 /30/13
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:~~~--
(signhere)
Michelle Caruana / President & Secretary
(print name/title)
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: ......... M---'---"""""'"~=-=.;;......;;;...__ __ _
Deputy City Attorney
City Attorney Approved Version 1/30/13
3
Item
Description
Exotic
Maintenance
(total and
number of
visits)
Monitoring
{T&M}-
Summit
Environmental
Adjusted
Channel
Clearing
{T&M}
Storm Drain
Outfall
Maintenance
Bat Survey
(required at
bridges)
Amendment
No.2
Monitoring
During Storm
Drain Outfall
Maintenance -
Summit
Environmental
ANNUAL
TOTAL
EXHIBIT "A"
SCOPE OF SERVICES AND FEE
AMENDMENT NO. 2
PROPOSAL SUMMARY BY YEAR AND ITEM
Year 1 Year2 Year3 Year4
April 2015 April 2016 April 2017 April 2018
to March to March to March to March
2016 2017 2018 2019
3 visits 3 visits 3 visits 3 visits
$16,599 $17,808 $11,034 $11,034
$17,374 $17,374 $15,113 $15,113
1.04 Acres 1.07 Acres 1.41 Acres 1.26.Acres
$52,058.30 $50,413.42 $66,432.54 $59,365.34
$12,360 $12,360 $12,360 $12,360
$2,571 $3,795
$0 $5,253.75 $5,253.75 $5,253.75
$100,962.30 $103,209.17 $110,193.39 $106,921.09
TRAN1192
Years
April 2019
to March TOTAL
2020 CONTRACT
2 visits
$7,422 $63,897.00
$15,113 $80,087.00
0.3 Acres ..
$14,134.60 $242,404.30
$12,360 $61,800.00
$6,366.00
$5,253.75 $21,015.00
$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
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
~ natures image
20361 Hermana Circle
Lake Forest, CA 92630
March 31, 2016
ATTN: Sherri Howard -Associate engineer
1635 Faraday Ave.
Carlsbad, Ca 92008
Sherri.Howard@carlsbadca.gov
RE: Outfalls Maintenance Monitoring
NI Job#: 2691-City of Carlsbad 'Buena Vista Creek' Long Term Maintenance
CHANGE ORDER No. 2
Task Unit ~
Monitor Outfalls Maintenance Efforts Not to Exceed 1
Exhibit "A"
Total
$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.
Si rely,
NA URES IMAGE, INC.
Terms: Net 30 days
Client Signature: __________ _
Date:. __________ _
DUDEK SOURCE: CA Coastal Commission; SanGIS: Bing Maps
7177
Buena Vista Creek Channel Maintenance Project -Consolidated Coastal Development Permit Application Response to Request for Additional Information
Coastal Zone
Gates
Observed Special-Status Species
,._ light-footed Ridgways rail
Permitted Impacts D Year 1 (2015-2016) -1.04 acres
D Year 2 (2016-2017)-1.20 acres ~ Year 2 (2019-2020)-0.30 acre
Year 3 (2017-2018) -0.77 acre
D Year 4 (2018-2019)-1.11 acres
D Year 5 (2019-2020) -0.96 acre
Year 3 (2016-2017)-1.07 acres
e;J Year 4 (2017-2018) -1.41 acres
Q Year 5 (2018-2019) -1.26 acres
FIGURE 1
Permitted Impacts vs. Proposed Impacts -Biological Resource Map
Agreement/Amendment/Ratification Cover Sheet
Return docs to:
Contact Name: Rhonda Heather Dept: PW-Contract Admin. Phone:x2767
Project Manager MUST provide the following information:
City Project Manager: Sherri Howard Dept: Public Works -TRANS Phone:x2756
Contractor: Nature's Image, Inc.
Previously contracted w/ Contractor? IZ!Yes □No
Agreement/Contract Title: Amendment No 2 to Agreement for Maintenance Services at Buena Vista Creek Channel
Account Number: 1636312-7550 Funding has been verified? ~
PW Contract Type: □Standard Public Works □Minor Public Works □Open Market □Letter of Agreement
Non-PW Contracts over $30,000: IZ!Yes □ No # of Proposals Received N/A (ATTACH JUSTIFICATION)
Council (Board) Action Required? □ Yes 181 No Meeting Date: N/A
ROUTED TO
~ Department Contact
~ Department Head
~ Risk Manager
~ City Attorney/General Counsel
~ s $30,000 Director
> $30,000 City Mgr / Exec Mgr/ Authorized Signatory
~ City Clerk / Board Secretary
~ Department Contact
Agreement Type (check one)
D Original Agreement IZI Amendment No. 2 -$21,015 D Other
Type: ratification, extension, etc.
~------~
Original Agreement Data Amendment# I Dollar Amount I Length
Date of original agreement 3/25/15 No. 1 / $78,686/ 0
Term of original agreement 5 years No.
Dollar amount of original agreement $399,697 No.
Current expiration date of agreement 3/25/20 No. ---------------------------Person with authority to renew City Mgr/City Council No.
Number of allowable extensions 1 No.
Length of allowable extensions 5 yrs@ NTE $100K per yr No.
A r
D Notarization (if applicable)
~ Business License exp. 6/30/16
~ Original Agreement and
previous amendments
Purchase Requisition Information:
eAgreement Number: TRAN1192
ePurchase Requisition No.: B
Certificates of Insurance
~ Exhibits (if applicable)
D Corporate Resolution
~ Agreement Summary Sheet (if
applicable)
POF-16-
CB'Endorsements to Policy
~stification -over 30,000
D Bonds
0 Other AB #21,896, 3-24-15
AB 21,896 dated 3/24/15
IMAGED
AUG 1 7 2016
•Purchase Order No. associated with original agreement, ext and/or amendments: P 1Uflffi)F CARLSBAD
RECORDS MANAGEMENT/OMS
Rev 1/28/2015
Agreement I Contract Summary Sheet
Date -------4/13/16 Project Manager __ S_H_E_R_R_I_H_O_W_A_R_D ________ _
Project Name MAINTENANCE SERVICES FOR BUENA VISTA CREEK
Consultant/Contractor Name NATURE'S IMAGE INC. ~,;.,;__;,-__,;;;.,..;;.;;.;;.;;;....;..;;...='-',;,,,.;..,.;;,-'------------------
Amend/Fund -$21,015
IT:] Original Agreement -Contract ~ Amendment-#2 D Task on Master Agreement
Original Date_....;3=/2=5 ..... /1:....;::.5_
Amend #1 Date 8/3/15 ----Amend #2 Date ----
AB # ----'2"'-'1"""18:;..;:;9---6_
AB# N/A -----AB# -----
AB Date 3/24/15 -----Amt _$..__3 ___ 9___.91 ..... 69 ___ 7 __
AB Date __ N_/A __ Amt --=$..:....78"'""'""'"68"""'6.___
AB Date -----Amt ____ _
Allowed Original Extensions 1@ 5 yrs Amt Allowed Per Extension Year __ N_T_E_$_1_00_,_oo_o~p_e~r y~r-
Director Approval (under $30,000 per contract year)
City Manager Approval (over $30,000-under $100,000)
Council Approval (over $100,000) -/¥pVJvLd b 1 ~Vl ul 7 / l-<P / l(p l ~ 22/3 59)
"-{t'tl-f\ ;}-'-f
.~cl i,lOD¥--
Original Amount ________________________ __.$_3_99_,__69_7_
Additional funding allowed w/o Council approval within current term ____________ $_9~9,~9_24_._25_
Up to $1 DOK per Ad min Order #68/Purchasing
Remaining amount allowed minus Amend No. 1 to encumber in current term _____ $_2_1_,4_6_1_.5_0
Additional requested Amount in current term ending 3/23/20 (Amend #2) $21 015
On approval of Amend #2-Total Amount ________________ $_2---=1,_0_15_
BALANCE AVAIL W/0 COUNCIL APPROVAL ______________ ..,$=22=3=.2=5