HomeMy WebLinkAbout2016-10-04; City Council; Resolution 2016-207RESOLUTION NO. 2016-207
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING THE APPROPRIATION OF ADDITIONAL FUNDS,
AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1
TO THE AGREEMENT WITH ATKINS NORTH AMERICA, INC. FOR
ARCHAEOLOGICAL RECOVERY AND PROCESSING SERVICES IN AN AMOUNT
NOT TO EXCEED $279,471 FOR THE EL CAMINO REAL ROAD WIDENING,
TAMARACK AVENUE TO CHESTNUT AVENUE PROJECT, PROJECT NO. 3957.
EXHIBIT 1
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, on March 22, 2016, the City Council of the City of Carlsbad, California, via Resolution
No. 2016-054, determined it was necessary and in the public interest to enter into an Agreement with
Atkins North America, Inc. for archaeological recovery and processing services for the widening of the
El Camino Real Road, Tamarack Avenue to Chestnut Avenue, Project No. 3957; and
WHEREAS due to the extended duration and expanded scope of the project, additional services
are needed to complete the archaeological recovery and processing services for the project; and
WHEREAS, this project is funded with both Traffic Impact Fees and TransNet funds; and
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; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as
follows:
EXHIBIT 1 1. That the above recitations are true and correct.
2. That the Administrative Services Director is authorized to appropriate $279,471 from
funds available in the General Capital Construction budget.
3. That the City Manager is authorized and directed to execute Amendment No. 1 to
Agreement with Atkins North America, Inc. for archaeological recovery and processing
services in an amount not to exceed $279,471 for the El Camino Real Road Widening,
Tamarack Avenue to Chestnut Avenue Project, Project No. 3957, attached hereto as
Attachment A.
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.
(SEAL)
AMENDMENT NO. 1 TO AGREEMENT FOR ARCHAEOLOGICAL RECOVERY AND
PROCESSING SERVICES FOR GRADING AND EXCAVATION WITHIN THE EL CAMINO
REAL ROAD WIDENING PROJECT LIMITS, TAMARACK AVENUE TO CHESTNUT AVENUE,
PROJECT NO. 3957
{ATKINS NORTH AMERICA, INC.)
9c ms ~mendment No. 1 is entered into and effective as of the /3th day of
"~o A---, 20J../.Q_, amending the agreement dated March 30, 2016
(the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and
ATKINS NORTH AMERICA, INC., a Florida Corporation ("Contractor") (collectively, the "Parties")
for archaeological recovery and processing services for grading and excavation within the El
Camino Real Road Widening project limits, Tamarack Avenue to Chestnut Avenue,
Project No. 3957.
RECITALS
A. The Parties desire to alter the Agreement's scope of work to increase the allowable
amount; and
B. 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 two hundred seventy nine thousand four
hundred seventy one dollars ($279,471 ), for a total agreement amount of eight hundred sixty eight
thousand two hundred twenty eight dollars ($868,228). 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 30, 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 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
Vice PresidenUAssistant Secretary
CITY OF CARLSBAD, a municipal
corporation of the State of California
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
~City Attorney
AMENDMENT NO. 1 TO AGREEMENT FOR ARCHAEOLOGICAL RECOVERY AND PROCESSING SERVICES FOR GRADING
AND EXCAVATION WITHIN THE EL CAMINO REAL ROAD WIDENING PROJECT LIMITS, TAMARACK AVENUE TO CHESTNUT
AVENUE, PROJECT NO. 3957
(ATKINS NORTH AMERICA, INC.)
City Attorney Approved Version 1/30/13
2
KINS Atkins North America, Inc.
3570 Carmel Mountain Road, Suite 300
San Diego, California 92130
Telephone: +1.858.874.181 0
Fax: +1.858.259.0741
www .atkinsglobal.com/northamerica
El Camino Real Widening
Archaeological Recovery and Processing
Amendment 1
September 7, 2016
Atkins has been contracted to provide Archaeological Data Recovery and materials processing
services to support the El Camino Real Widening Project. Atkins was selected based on a
proposal submitted February 26, 2016. Additional services are required that were not included in
the original contract. This amendment includes the archaeological work required because of
archaeological finds in the Storm Drain H system as well as unplanned work behind a retaining
wall near Location 9.
1. Archaeological Monitoring. A new area of cultural resources monitoring were added to
the Atkins Scope of Work, Storm Drain H (noted as 'Trench H' in the July Progress Report).
Additional hours were also required for monitoring at the western end of Trench 9 after a
water line was broken. The total amount of hours spent monitoring the excavation of these
areas totals to 169 hours.
2. Materials Screening and Sorting. The current contract provides a lump sum cost to
screen and sort a total of 168 cubic yards of soils from the project. The addition of Storm
Drain H and the retaining wall materials added an additional 84.7 cubic yards of soils to
be screened and sorted. This increase of 50% over the original scope of work has been
casted to include all hours screening and sorting plus the added direct expenses of
expendable field supplies such as plastic sheeting for the piles, extra buckets, bags and
boxes for artifacts. Hours have also been included here to accommodate a request for
Atkins to provide extra assistance at the screen that was not in our original scope of work.
This extra work has amounted to a total of 1 ,921 person-hours have been spent between
monitoring, screening and sorting this material. There are still126 buckets of this material
left to sort which will take a projected 928 person-hours to sort at current sorting rates.
3. Retention of Rebekah Loveless: As originally scoped in the Atkins proposal, Dr.
Madeline Hinkes was to perform all human bone identification. Due to the large amount of
bone recovered from previous phases of project work, and due to the limited availability
of Dr. Hinkes, SSS requested that we add the services of Rebekah Loveless to pre-sort
the bone for Dr. Hinkes. Rebekah Loveless is working very well with the crew, but is more
expensive than Dr. Hinkes because she is acting as a consultant and Dr. Hinkes is
subsidized by the office of the Medical Examiner. Atkins has included budget of $3,300
for this effort to cover Rebekah Loveless' fees plus coordination time.
COST ESTIMATE
The total cost for the above-described scope of work is $279,4 70.50. Atkins proposes to complete
each task on a lump sum basis. Changes to the scope of work or assumptions used in this
proposal may result in changes to individual task costs. Atkins will not exceed the estimated cost
ECR Archaeological Recovery and Processing
September 7, 2016
Page 2 of 3
1\TKINS
without prior written authorization by the City of Carlsbad, and will immediately inform the City of
any project changes that may impact the estimated cost.
Sincerely,