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Home My WebLink About05 - Dover Drive SidewalkCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 5 April 24, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Robert Stein 949 -644 -3322 or rstein @city.newport- beach.ca.us SUBJECT: DOVER DRIVE SIDEWALK — APPROVAL OF AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH VA CONSULTING, INC., FORMERLY KNOWN AS VAN DELL AND ASSOCIATES RECOMMENDATIONS: Approve Amendment No. 4 to Professional Services Agreement with VA Consulting, Inc., formerly known as Van Dell and Associates for a not to exceed amount of $5,455 and authorize the Mayor and City Clerk to execute the Amendment. DISCUSSION: On May 25, 2004, Council approved a Professional Services Agreement with VA Consulting of Irvine California, for the design of the Dover Drive sidewalk at a contract price of $69,838. Along with preparing the final construction documents, VA Consulting's professional services included preparing sidewalk design alternatives, conducting a geotechnical evaluation, preparing and processing jurisdictional agency permits including a Coastal Development Permit, and preparing the environmental documentation for the Project. During the design process, the City asked the Consultant to consider additional options for the sidewalk design to consider alternate alignments with various retaining wall alternatives. Over the last two years, three contract amendments were approved by staff: • On February 22, 2005, City and Consultant entered into Amendment No. 1 to the Agreement, in which Consultant's scope of work was expanded to provide additional engineering and geotechnical services for the Project, including a proposal to shore up the existing slope above Dover Drive, at the Cliff Drive intersection. The additional compensation under Amendment No. 1 was $6,000. • On August 9, 2005, City and Consultant entered into an Amendment No. 2 to the Agreement, in which Consultant's scope of work was expanded to provide additional design and consulting services for the project, including analysis of the sidewalk and retaining wall alternatives for the slope above Dover Drive, preparation of the final design of the boardwalk portion of the project, and project Dover Drive Sidewalk— Approval of Amendment to Professional Services Agreement with VA Consulting, Inc. April 24, 2007 Page 2 management and coordination services. The additional compensation under Amendment No. 2 was $9,900. • On April 4, 2006; City and Consultant entered into an Amendment No. 3 to the Agreement, in which Consultant's scope of work was expanded to revise the alignment of the proposed sidewalk and curb and gutter adjacent to the slope above Dover Drive, and prepare revised exhibits for the environmental document and resource agency permit applications. The additional compensation under Amendment No. 3 was $3,960. The design is now complete; however VA Consulting has had to expend additional effort working with the jurisdictional agencies to gain approvals. Staff recommends additional funds to compensate the consultant for this extra effort. Below is the status of the project permits. ➢ California Department of Fish and Game issued a 1602 approval in June, 2006. ➢ The Army Corps of Engineers (ACOE) determined that the habitat adjacent to Dover Drive is an isolated wetland and therefore an ACOE 404 permit is not required and has issued a jurisdictional delineation letter. ➢ The Regional Water Quality Control Board will not require a 401 certification. ➢ California Coastal Commission (CCC) received the City's permit application in August 2006 and we received comments in December. Supplemental information was submitted and CCC staff indicates the application package is now complete. In the next month, we are hoping to hear that our project has been agendized of an upcoming Commission meeting. Environmental Review: On June 27, 2006, Council adopted a Resolution approving the Mitigated Negative Declaration (MND) for Dover Drive Sidewalk Project. Public Notice: The public will be informed of the Coastal Commission hearing once that date is determined. Dover Drive Sidewalk — Approval of Amendment to Professional Services Agreement with VA consulting, Inc. April 24, 2007 Page 3 Funding Availability: Sufficient funds are available in the following account for the project: Account Description Transportation and Circulation Prepared by: \ n Robert Stein, P.E. Principal Civil Engineer Attachments: Amendment No. Exhibit Account Number Amount 7261- C5100854 $5,455 Total: $5,455 Submitted Works Director AMENDMENT NO. 4 TO PROFESSIONAL SERVICES AGREEMENT WITH VA CONSULTING, INC. FOR ENVIRONMENTAL CONSULTING SERVICES FOR DOVER DRIVE SIDEWALK PROJECT THIS AMENDMENT NO. 4 TO PROFESSIONAL SERVICES AGREEMENT, entered into this day of , 2007, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City') and VA CONSULTING, INC., (formerly known as Van Dell and Associates), a California corporation whose address is 17801 Cartwright Road, Irvine, California, 92614 (hereinafter referred to as "Consultant "), is made with reference to the following: RECITALS A. City is planning to install a new sidewalk on the easterly side of Dover Drive from Cliff Drive to 16th Street, adjacent to the Castaways Park in the City of Newport Beach (hereinafter referred to as the "Project "). B. On July 12, 2004, City and Consultant . entered into a Professional Services Agreement for Consultant to provide design and consulting services for the Project (hereinafter referred to as the "Agreement "). Among other things, Consultant agreed to prepare sidewalk design alternatives, conduct a geotechnical evaluation, process a Coastal Development permit and prepare the environmental documentation for the Project. The City agreed to pay Consultant $69,838.00 for the services under the Agreement. The Agreement was scheduled to expire on December 31, 2005. C. On February 22, 2005, City and Consultant entered into an Amendment No. 1 to the Agreement, in which Consultant's Scope of Work was expanded to provide additional engineering and geotechnical services for the Project, including a proposal to shore up the existing slope above Dover Drive, at the Cliff Drive Intersection. The additional compensation due Consultant under Amendment No. 1 was $6,000.00. D. On August 9, 2005, City and Consultant entered into an Amendment No. 2 to the Agreement, in which Consultant's Scope of Work was expanded to provide additional design and consulting services for the Project, including analysis of the sidewalk and retaining wall alternatives for the slope above Dover Drive, preparation of the final design of the Boardwalk portion of the Project, and project management and coordination services. The additional compensation due Consultant under Amendment No. 2 was $9,900.00. The term of the Agreement was also extended to June 30, 2006. E. On April 4, 2006, City and Consultant entered into an Amendment No. 3 to the Agreement, in which Consultant's Scope of Work was expanded to revise the alignment of the proposed sidewalk/curb and gutter adjacent to the slope above Dover Drive, and prepare revised exhibits for the environmental document and resource agency permit applications. The additional compensation due Consultant under Amendment No. 3 was $3,960.00. The term of the Agreement was also extended to December 31, 2006. F. City now desires that Consultant perform additional services for the Project, including working with Regional Water Quality Control Board staff regarding the need for a Clean Water Act 401 Water Quality Certification and responding to comments from the Califomia Coastal Commission staff. G. City desires to enter into this Amendment No. 4 to compensate Consultant for these additional services, which were not included in the Agreement or the prior Amendments. H. City and Consultant mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 4 ", as provided herein below. NOW, THEREFORE, the parties hereto agree as follows: 1. Consultant shall perform the services outlined in the Scope of Work, which is attached hereto as "Exhibit A" and incorporated herein by this reference. 2. City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Hourly Rates.attached hereto as "Exhibit B," and incorporated herein by this reference. In no event shall Consultant's compensation for all work performed pursuant to this Amendment No. 4, including all reimbursable items and subconsultant fees, exceed Five Thousand, Four Hundred and Fifty -Five Dollars and no /100 ($5,455.00). 3. The term of the Agreement shall be extended to December 31, 2007. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 4 on the date first above written. APPROVED AS TO FORM: By. A °1^ - -Cc �- Aaron C. Harp Assistant City Attorney for the City of Newport Beach ATTEST: M LaVonne Harkless, City Clerk Attachments: Exhibit A — Scope of Work Exhibit B — Fee Schedule CITY OF NEWPORT BEACH, A Municipal Corporation By: Steve Rosansky Mayor City of Newport Beach VA CONSULTING, INC.: (Corporate Officer) Title: Print Name: By: (Financial Officer) Title: Print Name: f:%users\obMshared\agreements \fy 06 -0AVA Consulting, Inc.l -clover sidewalk - amendment 4.doc 9 EXHIBIT "A" CITY OF NEWPORT BEACH DOVER DRIVE SIDEWALK PROJECT ADDITIONAL SERVICES SCOPE OF SERVICES 1. Additional Permitting This task provides for additional time required to obtain project approval from RWQCB and CCC. We have assumed 8 hours of additional staff time for coordination and follow - up with the RWQCB and 24 hours of additional staff time for coordination and preparation of response to comments received from the CCC. Attendance and travel for participation at CCC hearings have not been provided for in this estimate. At this time, we do not anticipate that CCC hearings will be required. If CCC hearings are required, we will submit additional request for authorization. 2. Project Management and Meetings This task provides project management, coordination and attendance at additional meetings with Environmental sub - consultant and City. We have assumed 4 hours for project management and coordination and 4 hours for attendance at 2 additional meetings for a total of 8 hours. 3. Reimbursabies This task provides for cost of reproduction of submittals and exhibits, messenger services and mileage, etc. C� W Shcfte'j4ab�Wi.W �q Wp FkS0.KtIfA_I]OtO0.0oc EXHIBIT 11B" CITY OF NEWPORT BEACH DOVER DRIVE SIDEWALK PROJECT ADDITIONAL SERVICES PROPOSED FEES 1. Additional Permitting .............................. 2. Project Management and Coordination.. 3. Reimbursabl es ........ ............................... TOTAL FEES ..................... ............................... 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