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HomeMy WebLinkAbout2016-07-26; City Council; Resolution 2016-1601 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. Ill /II /II Ill /II /II Ill /II /II /II Ill Ill /II /II 2 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