HomeMy WebLinkAbout04-10-12 Amendment to PSA with LSA for Environmental monitoringNEWPORT CITY OF
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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:
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Attachments: A. Amendment No. 3 to Professional Services Agreement
B. LSA Additional Services Request Letter Dated February 7, 2012
L � � � � � 1 ��� � '� � 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: `�G"
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. CNB1003), City of Newport Beach Civic Center and Park
Development Project, Newport Beach, Orange County, California
Per our discussions through email (November 29, 2011) and mostrecently over the phone, LSA Associates
Ltc. (LSA) is requesting a budget amendment (No. 3) ns a time and materials (T &M) net -to- exceed amountof
$35,800. Due to the requested level of'sitentonitoring, LSA has expended its combined budget in all effort to
meet the deeds ofthe project. This amendmentto 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 rnonitori ng 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,
1A A CIATES, INC.
S 'ple
Field Director; Archaeology /Paleontology Group
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n q /, RIVERSIDE
Illyll� -i(a0 ") �p�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
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