CA Review GH
Meeting Date: Nov. 19, 2024
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Hossein Ajideh, Engineering Manager
[email protected], 442-339-2756
Jason Evans, Associate Engineer
[email protected], 442-235-0348
Subject: Amendment No. 1 to the Agreement with Engineering Systems Inc. for the Storm-Related Local Emergency for Repair of the Slope Between El Camino Real and Trieste Drive
District: 1
Recommended Action
Adopt a resolution authorizing the City Manager or designee to ratify Amendment No. 1 to the agreement with Engineering Systems Inc. for the storm-related local emergency repair of the slope between El Camino Real and Trieste Drive.
Executive Summary
The city proclaimed an emergency earlier this year to swiftly address unexpected slope movement between El Camino Real and Trieste Drive caused by heavy rains. The work has now been completed and the emergency has been ended, but the city’s contractor needed to perform additional work to close out the project.
The contractor, Engineering Systems Inc. informed the city that the cost of the additional work was to not exceed $235,000.
The City Council is now being asked to authorize an amendment to the agreement with Engineering Systems for the emergency work.
Staff request that the City Council authorize the City Manager or designee to ratify the amendment to the agreement with Engineering Systems Inc. for geotechnical engineering services provided for the emergency repair of the slope between El Camino Real and Trieste Drive for an additional $235,000.
Explanation & Analysis
The atmospheric river in early February 2024 and the winter storm in January 2024 resulted in unexpected slope movement in an area between El Camino Real and Trieste Drive, with the potential to affect nearby property, infrastructure and the environment.
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The city had a Capital Improvement Program project, Project No. 6107, to repair the slope. The project was in the 50% design and environmental review stage in January 2024, but the severe storms created additional fissures in the soil that needed to be repaired quickly.
The City Engineer recommended emergency repair of the slope area behind four homes on Trieste Drive (4215-4245 Trieste Drive) to ameliorate the risk. Exhibit 3 shows the emergency slope repair area.
• The City Manager, in his role as Director of Emergency Services, proclaimed a local emergency on Feb. 14, 2024, so that the repair could be exempted from the city’s normal bidding procedures and the necessary repairs could be completed as swiftly as possible. (Exhibit 2)
• The City Council ratified the emergency proclamation on Feb. 15, 2024. • On May 8, 2024, the city executed an agreement with Engineering Systems Inc. to provide geotechnical engineering consultant services for the slope repair work for a period of one year, in an amount not to exceed $190,250, with one additional one- year extension, in accordance with the emergency proclamation. • The necessary slope repairs were completed on July 12, 2024, at a total cost at that time of $3,431,103.
• On July 16, 2024, the City Council terminated the emergency proclamation.
Engineering Systems Inc. continued providing geotechnical consultant services as necessary to close out the project, which included field work, documentation and coordination that extended beyond the originally anticipated completion date. Delays in invoicing and their processing contributed to an amendment not being executed prior to the termination of the emergency proclamation.
Fiscal Analysis
Funding for the emergency work in the amount of $3,490,892 was provided by the General Capital Construction Fund for Capital Improvement Program Project No. 6107. Engineering Systems Inc. has prepared a memorandum outlining the scope for the additional work in an amount not to exceed $235,000. Sufficient funds are available in the project account to cover the cost associated with the proposed amendment, as detailed in the table below:
Next Steps
Staff will process the ratification of the amendment to the agreement with Engineering Systems Inc. and work with the contractor to finalize and close out the project. Staff will also continue to inspect the site during and after any future rains and respond appropriately.
Trieste Drive Slope Repair Project
Capital Improvement Program Project No. 6107
Total appropriated funds to date $3,770,600
Total expenditures and encumbrances to date -$3,490,892 Total available funding $279,708
Amendment No. 1 to the Agreement – Engineering Systems Inc. -$235,000 Total remaining balance $44,708
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Environmental Evaluation
The project was determined to be exempt from the California Environmental Quality Act under Sections 15301(d) and 15301(f) of the CEQA Guidelines, which apply to projects for the restoration or rehabilitation of deteriorated or damaged structures, and the addition of safety or health protection devices. None of the exceptions to the exemption applied to the project and a notice of exemption was filed on Jan. 25, 2023.
Exhibits
1. City Council resolution
2. Proclamation of a storm-related local emergency dated Feb. 14, 2024
3. Location map
Nov. 19, 2024
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Exhibit 1
Nov. 19, 2024
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RESOLUTION NO. 2024-253
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING THE CITY MANAGER OR DESIGNEE TO RATIFY AMENDMENT NO. 1 TO THE AGREEMENT WITH ENGINEERING SYSTEMS INC.
FOR THE STORM-RELATED LOCAL EMERGENCY REPAIR OF THE SLOPE
BETWEEN EL CAMINO REAL AND TRIESTE DRIVE
WHEREAS, the City Council of the City of Carlsbad, California determined it was necessary, desirable and in the public interest to expedite the emergency repair of the slope between El Camino Real and Trieste Drive; and
WHEREAS, the City Council empowers the City Manager, as Director of Emergency Services, to proclaim the existence of a local emergency when the city is affected by a public calamity and the City Council is not in session; and
WHEREAS, conditions or threatened conditions of extreme peril to the safety of persons and property arose within the City of Carlsbad caused by an unexpected slope movement with potential to affect nearby property, infrastructure and the environment; and WHEREAS, on Feb. 14, 2024, the City Manager/Director of Emergency Services proclaimed a storm -related local emergency for repair of the slope between El Camino Real and Trieste Drive, generally behind the backyards of four residential properties that front onto Trieste Drive (4215 - 4245 Trieste Drive); and
WHEREAS, Carlsbad Municipal Code Section 3.28.ll0(A) implements California Public Contract Code Section 22035 and provides an exemption from formal bidding procedures for emergency construction procurements, and to use the emergency exemption, Carlsbad Municipal Code Section
3.28.120 and Public Contract Code Section 22050 require a proclamation of a local public emergency by a four-fifths vote of the City Council, or by the City Manager subject to ratification by a four-fifths vote of the City Council at the next City Council meeting; and WHEREAS, on Feb. 15, 2024, the City Council ratified the proclamation of a local emergency as the emergency proclamation and emergency exemption are appropriate in this instance because the emergency work appears to be caused by unexpected slope movement, which could pose a threat to the public, property, infrastructure and the environment; and WHEREAS, a contractor commenced the emergency work on March 12, 2024, and completed the emergency work on July 12, 2024; and
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WHEREAS, on May 8, 2024, the City Council authorized an agreement with Engineering Systems Inc. to provide geotechnical engineering consultant services for the slope repair work for a period of one year, in an amount not to exceed $190,250 in accordance with the emergency proclamation ; and WHEREAS, on July 16, 2024, the City Council terminated the emergency proclamation; and WHEREAS, staff request that the City Council authorize the City Manager or designee to ratify Amendment No. 1 to the agreement with Engineering Systems Inc. for geotechnical engineering services for the emergency repair of the slope between El Camino Real and Trieste Drive in an amount not to exceed $235,000; and
WHEREAS, the City Planner has determined that this action does not require environmental review because it does not constitute a project w ithin the meaning of the California Environmental Quality Act under California Public Resources Code Section 21065 in that it has no potential to cause either a direct physical change or a reasonably foreseeable indirect physical change in the environment .
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California , as follow s:
1. That the above recitation s are true and correct .
2. That the City Manager or designee is hereby authorized to ratify Amendment No. 1 to th e agreement with Engineering Systems Inc., for the storm -related local emergency repair of the slope between El Camino Real and Trieste Drive, prov ided as Attachment A.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 19th day of November, 2024, by the following vote , to wit :
AYES:
NAYS:
ABSTAIN:
ABSENT:
BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA.
NONE.
NONE.
NONE.
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
Docusign Envelope ID: 705243DE-5A 17-4926-AE1 C-1994E8O50FF7 Attachment A
PSA24-3434TRAN
RATIFICATION OF AMENDMENT NO. 1 TO AMEND THE AGREEMENT FOR TRIESTE SLOPE EMERGENCY
REPAIR PROJECT
ENGINEERING SYSTEMS INC. WEST COAST OPERATIONS
This Ratification of Amendment No. 1 is entered into as of the ';,--0 day of ~ b\/ e."(\A, l.c)c.< . 2024, but effective as of the 1st day of July, 2024, ratifying the amendment of the agreement dated May 8, 2024 (the "Agreement"), by and between the City of Carlsbad, California, a municipal corporation ("City"), and Engineering Systems Inc. West Coast Operations, an Illinois corporation ("Contractor") (collectively, the "Parties") for engineering design and environmental assessment and permitting .
RECITALS
A. The Parties desire to alter the Agreement's scope of work to include additional engineering design and environmental assessment and permitting; 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 (Amended) .
C. The Parties desire to ratify any amended scope of work already performed by the Contractor without the benefit of this Amendment.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows:
1. The retroactive amendment of the Agreement is ratified.
2. 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".
3. 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 thirty-five thousand dollars ($235,000).
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.
4. With this Amendment, the total annual Agreement amount shall not exceed four hundred twenty -five thousand two hundred fifty dollars ($425,250).
5. Contractor will complete all work described in Exhibit "A" by May 7, 2025.
6. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect.
7. 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 .
City Attorney Approved Version 5/22/2024
1 Nov. 19, 2024 Item #3 Page 6 of 12
Nov. 19, 2024
Item #3 Page 7 of 12
Docusign Envelope ID: 705243DE-5A17-4926-AE1C -1994E8D50FF7 PSA24-3434TRAN
8. 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
ENGINEERING SYSTEMS INC. WEST COAST
OPERATIONS, an Illinois corporation
By:
(sign here)
Will R. Pinkston, President
(print name/title)
By:
(sign here)
Brigid Loftus, Secretary
(print name/title)
RLSBAD, a municipal corporation of
e o California
By:
5(:A. 11 ~"''e,~, C~1'/ \"1~~6-t~
ATTEST:
SHERRY FREISINGER, City Clerk
By:
Deputy City Clerk
If required by City, proper notarial acknowledgment of execution by Contractor must be attached . !!..£ 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:
CINDIE K. McMAHON, City Attorney
BY: &i~ Rtm,.r-,
Assistant City Attorney
City Attorne y Approved Version 5/22/2024
2 PSA24-3434TRAN
City Attorney Approved Version 5/22/2024
3 EXHIBIT “A”
SCOPE OF SERVICES AND FEE (AMENDED)
Docusign Envelope ID: 705243DE-5A17-4926-AE1C-1994E8D50FF7 Nov. 19, 2024
Item #3 Page 8 of 12
MEMO
August 20,
2024
Emergency Trieste Slope Repair
REF. PSA2
4-3434TRAN – (103805)
Additional Work Scope
Here are our
current numbers for our work on the Emergency Slope Repair:
• Total Invoiced for 103805 (Emergency Slope Repair) to 7/30/24: $322,876.18 • Work in Progress (not yet invoiced) as of 8/20/24: $79,367.44 • Estimated additional budget to complete project: $22,756.38 • Total requested budget authorization: $425,000.00
• Original budget authorization: $190,000.00
• Total requested additional budget authorization: $235,000.00 These billi
ngs include the following project tasks beyond our original estimated scope:
• Field observations, documentation, and coordination beyond originally anticipated completion date.
• Preparation of daily field reports and ground photo summaries • Localized slope redesign
• Research imported soil conditions
• Field visits with City personnel, CWE and Group Delta • Additional scope of work for Psomas, to include property line survey and placement of hubs delineating property boundaries in the field.
• Coordination with Psomas, including property line survey and as-built survey • ESi drone flight
• Process ESi drone flight data
• Preparation of Autocad file for CWE from ESi drone flight • Completion of as-built survey by Psomas and addition of limits of grading, shear pin locations, and special notes (such as setback requirements, geo-grid locations, etc) by ESi.
• LSA work to complete biology report that includes both the monitoring documentation and an estimation of post-construction impacts, to be completed by the end of August.
PSA24-3434TRAN Amend No. 1
Exhibit "A"
Docusign Envelope ID: 705243DE-5A17-4926-AE1C-1994E8D50FF7 Nov. 19, 2024
Item #3 Page 9 of 12
f/ ESi
Nov. 19, 2024
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~ Proclamation of
.:, Local Emergency
Exhibi t 2
City Hall
1200 Carlsbad Village Drive
Carlsbad, CA 92008
FOR STORM-RELATED EMERGENCY PROTECTION ACTIVITIES TO REPAIR A SLOPE BETWEEN EL
CAMINO REAL AND TRIESTE DRIVE
WHEREAS, on February 4, 2024, the Governor of the State of California found that conditions of extreme peril exist in San Diego County and other counties due to the early February 2024 storms caused by a powerful, slow-moving atmospheric river and proclaimed a state of emergency to make additional resources available to local governments, formalize emergency actions and help the state prepare for the impact of the storms; and WHEREAS, California Government Code Section 8630 allows the City Council or an official designated by ordinance adopted by the City Council, to proclaim a local emergency; and WHEREAS, the City of Carlsbad's Emergency Services Ordinance, including Carlsbad Municipal Code Section 6.04.lO0(A)(l), empowers the City Manager, as the City of Carlsbad's Director of Emergency Services, to proclaim the existence of a local emergency, subject to ratification by the City Council, when there exists, or there is threatened to exist, conditions of extreme peril to the safety of persons and property within the City of Carlsbad; and WHEREAS, in the case of an emergency, California Public Contract Code Section 22050 allows the City Council, or a person delegated the authority by the City Council, to repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services and supplies for those purposes without giving notice for bids to let cont ract; and
WHEREAS, the repair project was determined to be exempt from the California Environmental Quality Act, or CEQA, under Section 15301 (d) and (f) of the CEQA Guidelines, which applies to projects for restoration or rehabilitation of deteriorated or damaged structures and the addition of safety or health protection devices; and WHEREAS, none of the exceptions to the CEQA exemption applied to the project and a Notice of Exemption was filed on Jan. 25, 2023; and
WHEREAS, the Director of Emergency Services finds :
1. The National Weather Service issued multiple winter storm warnings, high wind warnings, wind advisories, and flood and flash flood watches throughout the State of California in anticipation of a powerful, slow-moving, atmospheric river in early February.
2. Conditions of extreme peril to the safety of persons and property have arisen within the City of Carlsbad caused by the powerful, slow-moving atmospheric river in early February, requiring immediate action to prevent or mitigate the loss or impairment of life, health, and property.
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Local Emergency - REPAIR OF THE SLOPE BETWEEN EL CAMINO REAL AND TRIESTE DRIVE
3. Prior to the early February 2024 storms, powerful winter storms that occurred less than a month ago had amplified the impact of local flooding due to the record-breaking a·mount of rainfall including a severe rainstorm which began on January 22, 2024 ("January Storm"), in all dropping 2 to 3 inches of rain in a three-hour period, a total that exceeds that of an average wet month and rivals the rainfall needed to spur a 100-year flood event.
4. On Jan. 22, 2024, the County of San Diego proclaimed an emergency due to the January Storm, which the county characterized as a thousand-year storm, and which caused drastic flooding and flash flooding in the county.
5. The conditions of the early February 2024 storms, in addition to the impacts of the January Storm, created an emergency condition on a slope that is located between El Camino Real and Trieste Drive, generally behind the backyards of four residential properties that front onto Trieste Drive (4215 - 4245 Trieste Drive) causing rapid slope movement and additional fissures in the soil that warrant immediate emergency repair.
6. That the City Council of the City of Carlsbad was not in session and could not be immediately called into session.
NOW, THEREFORE, IT IS PROCLAIMED that, subject to review and ratification by the City Council at its next meeting, a local emergency now exists in the City of Carlsbad, California, on a slope between El Camino Real and Trieste Drive, generally behind the backyards of four residential properties that front onto Trieste Drive (4215 - 4245 Trieste Drive).
IT IS FURTHER PROCLAIMED AND ORDE D that, under California Public Contract Code Section 22050 and Carlsbad Municipal Code cti ns 3.28.llO(A) and 3.28.120, city staff may proceed at once to obtain the necessary pe mits, quipment, services, and supplies to repair the slope between El Camino Real and Trieste Dn enerally behind the backyards of four residential properties that front onto Trieste Driv - 4245 Trieste Drive), without giving notice for bids to let contracts.
Dated: \4r~
SCOTT CHADWICK
City Manager/Director of Emergency Services
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