CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report

August 6, 2018
CONSENT AGENDA

TO: Honorable Mayor and City Council Members

SUBMITTED BY: Michael Branson, City Forester and Robert Harary, PE, Director of Public Works

APPROVED BY: Chip Rerig, City Administrator

RESOLUTION NO. 2018 - 072, AUTHORIZING THE CITY ADMINISTRATOR TO

EXECUTE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES
SUBJECT: AGREEMENT WITH NATIVE SOLUTIONS WITH A FEE INCREASE OF $33,000
FOR THE NORTH DUNES HABITAT RESTORATION PROJECT.

RECOMMENDATION:

Adopt Resolution 2018 - authorizing the City Administrator to execute Amendment No. 1 to the Professional
Services Agreement with Native Solutions with a fee increase of $33,000 for the North Dunes Habitat
Restoration Project.
BACKGROUND/SUMMARY:

In February 2015, the City Council awarded a Professional Services Agreement (Agreement) to Native Solutions for
the North Dunes Habitat Restoration Project (Project) in the total amount of $80,000 and with a five-year term. This
firm was initially selected through a Request for Proposal process and interview. The fifth and final year of the term
corresponds to the current Fiscal Year 2018/19 which ends on June 30, 2019.

Native Solutions founder Joey Canepa has been instrumental in leading the City's effort to restore, improve, and
protect the sensitive native dune habitat and endangered species at the North Dunes. The Project is clearly on
track to meet the goals and success criteria outlined in the Del Mar Master Plan's North Dunes Habitat
Restoration Plan and the Council's Coastal Development Permit.

The original fee estimate of $80,000 was intended to cover all work tasks identified in the original Agreement
over the entire five year term; however, many additional tasks were assigned by the City, particularly over the
past two years. Thus, as of the end of Fiscal Year 2017/18, all funding has been expended one year before the end
of the term of the Agreement.

Additional tasks that were beyond the original scope of work in the Agreement include, but are not limited to:
mapping, tree survey, monitoring field activities such as volleyball courts relocation, stump removals, and cable
railing installations, project site inspections with stakeholders, and presentations to the City Council, Forest and
Beach Commission, and the Planning Commission.
Amendment No. 1 would provide an additional $33,000 budget so that Native Solutions may proceed with the
Project without delay through June 30, 2019.
FISCAL IMPACT:

In June 2018, Council adopted the Fiscal Year 2018/19 Budget and Capital Improvement Plan which allocated
$85,000 for the North Dunes Habitat Restoration Project using Measure D funds. The not-to-exceed fee of $33,000
for proposed Amendment No. 1 would be charged to Account 301-311-00-43008, Task 1Dunes.

PRIOR CITY COUNCIL ACTION:

In February 2015, the City Council awarded a Professional Services Agreement to Native Solutions for the
North Dunes Habitat Restoration Project in the total amount of $80,000 and with a five-year term.

In June 2018, Council adopted the Fiscal Year 2018/19 Budget and Capital Improvement Plan which allocated
$85,000 for the North Dunes Habitat Restoration Project.
ATTACHMENTS:

Attachment #1 - Resolution No. 2018-072

Attachment #2 - Amendment No. 1 with Native Solutions
 CITY OF CARMEL-BY-THE-SEA Attachment 1
CITY COUNCIL

RESOLUTION NO. 2018-072

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AUTHORIZING THE

CITY ADMINISTRATOR TO EXECUTE AMENDMENT No. 1 TO THE PROFESSIONAL SERVICES
AGREEMENT WITH NATIVE SOLUTIONS WITH A FEE INCREASE OF $33,000 FOR THE NORTH DUNES
HABITAT RESTORATION PROJECT

WHEREAS, in 2009, the City of Carmel-by-the-Sea adopted the Del Mar Mater Plan and North Dunes
Habitat Restoration Plan as an appendix to the General Plan;

WHEREAS, in 2015 the City awarded a Professional Services Agreement to Native Solutions for
implementation of the North Dunes Habitat Restoration Project in the total amount of $80,000 and with a five-
year term;

WHEREAS, Native Solutions has been instrumental in leading the City’s efforts to restore, improve, and
protect the sensitive native dune habitat and endangered species in the North Dunes;

WHEREAS, over the past four years additional, related tasks were assigned by the City to Native
Solutions that were beyond the scope of the Professional Services Agreement; consequently, the original
budget has been expended before the end of the term of the Agreement on June 30, 2018;

WHEREAS, in Fiscal Year 2018/19 the City adopted the Fiscal Year 2018/19 Budget and Capital
Improvement Program which allocates $85,000 for the North Dunes Habitat Restoration Project; and

WHEREAS, Amendment No. 1 will provide an additional $33,000 budget so Native Solutions may
proceed with the Project without delay through June 30, 2019.

NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-
THE-SEA DOES HEREBY:

Authorize the City Administrator to execute Amendment No. 1 to the Professional Services Agreement
with Native Solutions for a fee increase of $33,000 for the North Dunes Habitat Restoration Project.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this
6th day of August 2018, by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

SIGNED: ATTEST:

_______________________ _________________________
Steve G. Dallas, Mayor Thomas A. Graves, MMC
City Clerk
 Attachment 2

AMENDMENT NO. 1
To the Contract for Professional Services with Native Solutions
For the North Dunes Habitat Restoration Project

THIS AMENDMENT to the Contract for Professional Services (“Amendment”) made and entered into as of
this _____ day of August, 2018, amends the Contract heretofore entered into between the CITY OF
CARMEL-BY-THE-SEA, a municipal corporation, hereinafter referred to as “CITY”, and NATIVE
SOLUTIONS, hereinafter called “CONSULTANT.”

RECITALS

CITY and CONSULTANT entered into a Contract for Professional Services on February 11, 2015 for
a total fee of $80,000 for biological consulting, site monitoring, managing sensitive species, project
management, and related duties; and CITY and CONSULTANT now desire to augment the original scope of
work to include mapping, tree survey, monitoring field activities, project site tours, presentations to City Council
and commissions, and related duties.

AGREEMENT

NOW, THEREFORE, in consideration of the above recitals, which recitals are contractual in nature,
the mutual premises herein contained, and for other good and valuable consideration hereby acknowledge,
the parties agree that the aforesaid Agreement be amended as follows:

1. CONSULTANT shall provide additional services including mapping, tree survey, monitoring
field activities, project site tours, presentations to City Council and commissions, and related duties as
assigned by the CITY.

2. CONSULTANT’S sole compensation for satisfactory performance of all services required or

rendered pursuant to this Amendment shall be a total not-to-exceed fee of $33,000. The total for the
Agreement and this Amendment shall not exceed $113,000.

3. The Schedule is unchanged, and the Contract expires on June 30, 2019.

4. Except as set forth in this Amendment, the Contract for Professional Services is unaffected
and shall continue in full force and effect in accordance with its terms. If there is conflict between this
amendment and the Agreement or any earlier amendment, the terms of this amendment will prevail.

CITY OF CARMEL-BY-THE-SEA NATIVE SOLUTIONS:

______________________
Richard Rerig, City Administrator Joey Canepa

______________________
Date Date

ATTEST:

Thomas A. Graves, MMC, City Clerk

APPROVED AS TO FORM:

Glen R. Mozingo, Esq., City Attorney