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Home My WebLink About06 -Amendment to PSA for Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot Environmental Services — Contract No. 8020-4 (15T09)Q SEW Pp�T CITY OF z NEWPORT BEACH c�<,FORN'P City Council Staff Report March 26, 2024 Agenda Item No. 6 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Andy Tran, Senior Civil Engineer - 949-644-3315, atran@newportbeachca.gov TITLE: Approval of Amendment No. Six to Professional Services Agreement with Chambers Group, Inc. for Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot Environmental Services — Contract No. 8020- 4 (15T09) ABSTRACT - The City of Newport Beach entered into a professional services agreement with Chambers Group, Inc. to provide environmental services for the Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot project (15T09). Staff requests City Council approval of Amendment No. Six to extend the term of the agreement an additional four years in order to complete the scope of services. RECOMMENDATIONS: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve Amendment No. Six to the Professional Services Agreement with Chambers Group, Inc. for environmental services for the Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot to extend the term of the agreement an additional four years to April 30, 2028, and authorize the Mayor and City Clerk to execute the amendment. DISCUSSION: The Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot project (15T09) is currently in construction and is approximately 70% complete. This project involves constructing a new pedestrian/bicycle bridge across Superior Avenue and a larger parking lot to accommodate visitors to Sunset Ridge Park and the nearby beach. The project also involves expanding the passive recreational area at Sunset View Park. The City entered into a professional services agreement (PSA) and subsequent amendments with Chambers Group, Inc. for environmental services as required by the Mitigation Monitoring and Reporting Program. These environmental services include field monitoring and reporting of potential biological and cultural resources that may be discovered during construction. 6-1 Approval of Amendment No. Six to Professional Services Agreement with Chambers Group, Inc. for Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot Environmental Services — Contract No. 8020-4 (15T09) March 26, 2024 Page 2 The PSA was executed in April 2019 and the current term of this agreement is set to expire on April 30, 2024. In accordance with Section 2.1 of the Administrative Procedures Purchasing Policy (AP-001), department directors and the City Manager have the authority to approve PSAs for up to five years. Since the term for this PSA will reach the five-year limit on April 30, 2024, staff requests City Council approval to extend the term to April 30, 2028. The extended time is needed to complete the monitoring and reporting efforts as described above. In addition, the time extension is also needed to complete the environmental analysis for the West Coast Highway Intersection Improvements and Pedestrian Bridge project (WCH Project), which is a part of the previously approved Amendment No. Two. The WCH Project is a complicated multi -year project that involves several local, state and federal agencies. FISCAL IMPACT: This action is for a time extension only, no additional funding is required. The current contract is for $628,279 and is funded by Facility Finance Plan (FFP) funds. 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) (the activity 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). ATTACHMENTS: Attachment A — Location Map Attachment B — Amendment No. Six 6-2 ATTACHMENT A Rlk, LID SAN \ 7 / \ NEWPORT CREST SUNSET RIDGE PARK \ ADDITIONAL .o PUBLIC PARKING VILLA BALBOA Fo / �F I C1T� SUNSET VI — PAR ---- PASSIVE RECREATIONAL AREA HOAG � FsrC�gs LOWER HOSPITAL CAMPUS 03 VILLAGE SHOPPING Y \ p CENTER > `� rG JACK" N 1 / O THE BOX % -... i /n SUPERIOR AVENUE PEDESTRIAN/BICYCLE BRIDGE AND PARKING LOT ATTACHMENT A - LOCATION MAP CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-8020 3/22/2022 6-3 ATTACHMENT A AMENDMENT NO. SIX TO PROFESSIONAL SERVICES AGREEMENT WITH CHAMBERS GROUP, INC. FOR ENVIRONMENTAL SERVICES FOR THE SUPERIOR AVE PEDESTRIAN AND BICYCLE BRIDGE AND PARKING LOT AND WEST COAST HIGHWAY WIDENING AND PEDESTRIAN BRIDGE PROJECT THIS AMENDMENT NO. SIX TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. Six") is made and entered into as of this 26th day of March, 2024 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and CHAMBERS GROUP, INC., a California corporation ("Consultant"), whose address is 3151 Airway Ave., Suite F208, Costa Mesa, CA 92626, and is made with reference to the following: RECITALS A. On May 1, 2019, City and Consultant entered into a Professional Services Agreement ("Agreement") for Consultant to provide professional environmental services and support for the Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project ("Project"). B. On September 10, 2019, City and Consultant entered into Amendment No. One to the Agreement ("Amendment No. One") to reflect additional services not previously included in the Agreement, and to increase the total compensation. C. On January 14, 2020, the City adopted Resolution 2020-04 authorizing and approving the submittal of a funding application ("Application") for an intersection capacity enhancement project to the Orange County Transportation Authority ("OCTA") for funding under the Comprehensive Transportation Funding Program. D. On May 11, 2020, OCTA approved the City's Application, in which the City will receive funds to conduct environmental review and design services for the West Coast Highway Widening and Pedestrian Bridge Project. E. On August 25, 2020, City and Consultant entered into Amendment No. Two to the Agreement ("Amendment No. Two") to reflect additional Services to include the West Coast Highway Widening and Pedestrian Bridge Project (hereinafter collectively referred to as the "Project") not included in the Agreement, as amended, to increase the total compensation, update the Claims section, include Prevailing Wage language, and update Insurance requirements. F. On March 17, 2021, City and Consultant entered into Amendment No. Three to the Agreement ("Amendment No. Three") to reflect additional Services not included in the Agreement, as amended, to increase the total compensation, update the Project Manager section, and update Insurance requirements. G. On November 29, 2022, City and Consultant entered into Amendment No. Four to the Agreement ("Amendment No. Four") to reflect additional Services, not included in the Agreement, as amended, to increase the total compensation, update the Project Manager section, amend the Ownership of Documents section, and include Opinion of Cost language. H. On April 29, 2023, City and Consultant entered into Amendment Number Five ("Amendment No. Five") to the Agreement to extend the term of the Agreement to April 30, 2024, and to update the Notices section. I. The parties desire to enter into this Amendment No. Six to extend the term of the Agreement to April 30, 2028. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on the Effective Date, and shall terminate on April 30, 2028, unless terminated earlier as set forth herein." 2. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Chambers Group, Inc. Page 2 6-5 IN WITNESS WHEREOF, the parties have caused this Amendment No. Six to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: J 2 `I By: «3 ron C. Harp City Attorney ATTEST: Date: in CITY OF NEWPORT BEACH, a California municipal corporation Date: Bv: Will O'Neill �rrSlzY Mayor CONSULTANT: Chambers Group, Inc., a California corporation Date: Bv: Leilani I. Brown Alex Gurrola City Clerk Chief Executive Officer/ Chief Financial Officer Date: By: Mike McEntee President/COO [END OF SIGNATURES] Chambers Group, Inc. Page 3 6-6