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HomeMy WebLinkAbout08 - Newport Beach Civic CenterNEWPORT CITY OF i OTC,: � Via. r Pem gClF00.N� City C®u.uncH Staff Report Agenda Item No. 8 April 10, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949 - 644 -3311, sbadum(a)newportbeachca.gov PREPARED BY: Fong Tse, Principal Civil Engineer APPROVED:, A � 1 TITLE: Newport Beach Civic Center and Park Project — Approval of Amendment No. 3 to Professional Services Agreement with LSA Associates, Inc. for Biological, Cultural, and Paleontological Monitoring Services ABSTRACT: Biological, Cultural, Archaeological, Paleontological, and Water Quality monitoring services are required to ensure compliance with the conditions placed on the Newport Beach Civic Center & Park Project (Project). The approval of professional services agreement amendment No. 3 with LSA Associates, Inc. is needed to ascertain the remaining construction activities satisfy the requirements of the Project Documents. RECOMMENDATION: Approve Professional Services Agreement Amendment No. 3 with LSA Associates, Inc., of Irvine California for Biological, Cultural, Archaeological, Paleontological, and Water Quality Monitoring Services at a not -to- exceed price of $35,800.00 and authorize the Mayor and the City Clerk to execute the Amendment. FUNDING REQUIREMENTS: Sufficient funds are available in the current CIP project budget (7410- C1002009) for the additional services. Newport Beach Civic Center and Park Project — Approval of Amendment No. 3 to Professional Services Agreement with LSA Associates, Inc. for Biological, Cultural, and Paleontological Monitoring Services April 10, 2012 Page 2 The proposed use of the funding balance is as follows: Vendor Purpose Amount LSA Associates, Inc. Biological, Cultural, Archaeological, Paleontological, and Water Quality Monitoring Services $ 35,800.00 DISCUSSION: The City entered into a professional services agreement (PSA) in April 2010 with LSA Associates, Inc. (LSA) for a $108,160 contract amount to begin monitoring work with a scope of work based on the requirements of the project documents and outside agencies known at that time. Since then, two PSA amendments were executed to extend the Agreement term, to update the insurance requirements, and to include tasks that were not listed under the original scope of work and increased the overall fees by $9,000.00. The project program manager, CW Driver, has been diligent in keeping the monitoring costs to a minimum, however, the reconstructive site work triggered by the Winter 2011 heavy storms required unscheduled monitoring that was not in the project scope. The implementation of the California State Water Resources Control Board's statewide projects update increased the Project's risk level to a "2 ". The risk level "2" designation imposed more frequent and more detailed monitoring on the Project than originally planned. These unforeseen events increased the amount of work needed to be completed by LSA. Accordingly, LSA submitted the attached budget amendment request to cover the additional work. Staff reviewed these proposed additional services with CW Driver, the project program manager, and found them to be consistent with the actual field conditions since construction began. When approved, a summary of LSA's PSA is as follows: Agreement Scope Amount Original Biological, Cultural, and Paleontological Monitoring $108.160.00 Amendment 1 Update PSA Term and Insurance Requirements $ 0.00 Amendment 2 Additional Tasks Due To Changed Field Conditions $ 9,000.00 Amendment 3 Additional Tasks Due To Winter 2011 Storms Damage and State Imposed Risk Level Increase $ 35,800.00 Total $152,960.00 Newport Beach Civic Center and Park Project — Approval of Amendment No. 3 to Professional Services Agreement with LSA Associates, Inc. for Biological, Cultural, and Paleontological Monitoring Services April 10, 2012 Page 3 ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (Architectural and Engineering services is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: ruuuc vvurrcb uuecwr Attachments: A. Amendment No. 3 to Professional Services Agreement B. LSA Additional Services Request Letter Dated February 7, 2012 L� L [ �� %� AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT WITH LSA ASSOCIATES, INC. FOR BIOLOGICAL, CULTURAL & PALEONTOLOGICAL MONITORING OF NEWPORT BEACH CIVIC CENTER & PARK DEVELOPMENT PROJECT THIS AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT ( "Amendment No. Three "), is entered into as of this _ day of , 2012, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ('City "), and LSA ASSOCIATES, INC. a California Corporation whose address is 20 Executive Park, Suite 200, Irvine, California 92614 ('Consultant "), and is made with reference to the following: RECITALS: A. On April 27, 2010, City and Consultant entered into a Professional Services Agreement ('Agreement') for biological, cultural and paleontological monitoring services for the new City Civic Center and Park Development (Project "). B. On January 5, 2011, City and Consultant entered into Amendment No. One to the Agreement to extend the term of the Agreement and update insurance requirements ('Amendment No. One'). C. On November 14, 2011, City and Consultant entered into Amendment No. Two to the Agreement to increase the Scope of Work and to increase the total compensation ('Amendment No. Two "). D. City desires to enter into this Amendment No. Three to reflect additional services not included in the Agreement or prior Amendments and to increase the total compensation. E. City and Consultant mutually desire to amend the agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: SERVICES TO BE PERFORMED Section 2 of the Agreement, as amended, shall be supplemented to include the Scope of Services dated February 7, 2012, which is attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 2. COMPENSATION The introductory paragraph to Section 4 of the Agreement as amended shall be amended in its entirety and replaced with the following: 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 Billing Rates attached to the Agreement. Consultant's total amended compensation for all work performed in accordance with this Agreement and all prior amendments, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Fifty -Two Thousand, Nine Hundred Sixty Dollars and no /100 ($152,960.00) without prior written authorization from City ( "Total Amended Compensation "). No billing rate changes shall be made during the term of this Agreement without the prior written approval of the City. 2.1 The Total Amended Compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this Amendment No. Three and the supplemental Scope of Services attached as Exhibit A, including all reimbursable items and subconsultant fees, in an amount not to exceed Thirty -Five Thousand, Eight Hundred Dollars and no /100 ($35,800.00), without prior written authorization from City. 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement as amended shall remain unchanged and shall be in full force and effect. (SIGNATURES ON NEXT PAGE] LSA ASSOCIATES, INC. Page 2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. THREE on the dates written below. APPROVED AS TO FORM: CITY ATT RN Y'S OFFICE Date: y% Aaron C. Harp City Attorney / ATTEST: Date: By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A California municipal corporation Nancy Gardner Mayor CONSULTANT: LSA ASSOCIATES, INC., a California Corporation By: Robert H. McCann President By: James Baum Chief Financial Officer [END OF SIGNATURES] Attachment: Exhibit A — Additional Services to be Performed LSA ASSOCIATES, INC. Page 3 EXHIBIT A L_ . � February 7, 2012 RIVERSIDE LSA ASSOCIATES, INC. BERKELEY FRESNO ROCKLIN 20 EXECUTIVE PARK, SUITE 200 949.553.0666 TEL CARLSBAD PALM SPRINGS SAN LUIS OBISPO IRVINE, CALIFORNIA 92614 949.553.8076 FAX PORT COLLINS POINT RICHMOND SOUTH SAN FRANCISCO Subject: Budget Adjustment for Biological, Archaeological, Paleontological, and Water Quality Services (LSA Job No. CNB L003), City of Newport Beach Civic Center and Park Development Project, Newport Beach, Orange County, California Per our discussions through email (November 29, 201 L) and most recently over the phone, LSA Associates Ltc. (LSA) is requesting a budget amendment (No. 3) ns a time andnnaterials (T &M) net -to- exceed amountof $35,800. Due to the requested level of site monitoring, LSA has expended its combined budget in all effort to meetthe deeds oftheproject. This amendment to the contract will be utilized to continue providing monitoring services as needed, complete the monitoring for removal of invasive species /advise on revegetation protocols within thejurisdictional drainages, complete final archaeological and paleontological reports, and continue to provide water quality testing. Amendment No. 3 Request Task Brealcdorvn Additional, as needed, Biological and Archaeological, Paleontology Inspection. ($26,400). • Monitor the removal of Exotic Vegetation from Delineated Drainages. This amount will recover budget used for requested Biological/Archaeelogical monitoring and coordination ($4,800). • Final Reports for Archaeology and Paleontology. This amount will recover budget used for requested Biological /Archaeological monitoring and coordination ($4,600). Total Request, Amendment No. 3: $35,800 Sincerely, LSA A CIATES, INC. S 'ple Field Director; Archaeology /Paleontology Gruup C.-0mumcne and SettingsUfl�elLocal Sell ings %TClnporery lntemet Piles\ CO RIent.ORlloek \G9ROU3CEWllgment Letter 2 7 12.d9c 011112u PLANNING I ENVIRONMENTAL SCIENCES I DESIGN U u Lrl� Mlr �! n q /, RIVERSIDE Ilypl� -i(a0 ") Crpp�q® LSA ASSOCIATES, INC. BERKELEY FRESNO ROCKLIN 20 EXECUTIVE UTI VE PARE, SUITE 200 949.553.0666 TEL FORT COLLINS PALM SPRINGS SAN LUIS N OBISPO AM IRVINE, CALIFORNIA 9261E 949.551.8076 FAX FORT COL POINT RICHMOND SOUTH SAN FRANCISCO February 7, 2012 Mr. William Hahn C.W. Driver 1100 Avocado Avenue Newport Beach, CA 92660 Subject: Budget Adjustment for Biological, Archaeological, Paleontological, and Water Quality Services (LSA Job No. CNB1003), City of Newport Beach Civic Center and Park Development Project, Newport Beach, Orange County, California Dear Mr. Hahn: Per our discussions through email (November 29, 2011) and most recently over the phone, LSA Associates Inc. (LSA) is requesting a budget amendment (No. 3) as a time and materials (T &M) not -to- exceed amount of $35,800. Due to the requested level of site monitoring, LSA has expended its combined budget in an effort to meet the needs of the project. This amendment to the contract will be utilized to continue providing monitoring services as needed, complete the monitoring for removal of invasive species /advise on revegetation protocols within the jurisdictional drainages, complete final archaeological and paleontological reports, and continue to provide water quality testing. Attached is the January 2012 monthly summary, which describes the most current budget status. Thank you for your consideration of this request. Amendment No. 3 Request Task Breakdown • Additional, as needed, Biological and Archaeological, Paleontology Inspection. ($26,400). • Monitor the removal of Exotic Vegetation from Delineated Drainages. This amount will recover budget used for requested Biological /Archaeological monitoring and coordination ($4,800). • Final Reports for Archaeology and Paleontology. This amount will recover budget used for requested Biological /Archaeological monitoring and coordination ($4,600). Total Request, Amendment No. 3: $35,800 Sincerely, LSA �A� QCIATES, INC. JJjj1' Field Director, Archaeology /Paleontology Group C:0ceInnents and SettingMtse \Local Sellirieffemporary Internet Piles\ Content .Outlook \G9ROU3CE\AtiL"ent Letter 2 7 12.dw 011112» PLANNING I ENVIRONMENTAL SCIENCES I DESIGN