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HomeMy WebLinkAbout2016-10-04; City Council; Resolution 2016-206EXHIBIT 1 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. 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 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. 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. /-r. - 2//e MATT HALL Ma/ ___....MI\lir& BARBARA ENGLESON,ity Clerk (SEAL) ,,,wiii.,, ,„t.s.ov.S flet6 ii,.,-..,?..N.-............ ....:15.)..... .k)R 1 k ...1::::: --.%:"......`....1:7 /:.t\--:::?•:.-;-.. t) ..'•••:.WP.:•/..i`-••.......••''7 *'n ‘‘‘'ilotii t'—` 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 MAPMAP 7Z/ c3cti `‘,, . > N t - igitm 0„. ,. CHESTNUT mr- 311P14 o .91„,f2. 4111 ‘1113/•ilk TAMARACK F• 0 0 *"Il (<,. ,\ CITY OF OCEANSIDE SITE HIGHWAY AlW%VICINITY Ailk*TO MAP NOT SPIIPt:41r1 scut VON4411k‘ CITY OF VISTA SITE 11400‘,1„ PAI cos OCECIFACN CITY OF fitti. illird of OF ENCINITAS 111°111 -: NOT TO SCALE 1. PROJECT NAME EL CAMINO REAL ROAD WIDENING, MEDIAN PROJECT EXHIBIT IMPROVEMENTS, UNDERGROUNDING UTILITIES &UPGRADING NUMBER 3957,3643,2TRAFFIC SIGNALS FROM TAMARACK AVENUE TO CHESTNUT AVENUE 6302 & 6303 , DRAW BY:SCOTT EVANS,CARLSt3AD ENGINEERING DEPT.8/18/08 C:\TRANSPORTAT1CN DEPARTMENT\LOCATION AIAPS\3957.DNG 7