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Home My WebLink AboutC-3840(B) - PSA for Santa Ana Heights Equestrian Facility3�y0 (.91 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH FUSCOE ENGINEERING, INC. FOR SANTA ANA HEIGHTS EQUESTRIAN FACILITY THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered into this day of ON bYp- , 2006, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City") and FUSCOE ENGINEERING, INC., a California corporation, whose address is 16795 Von Karman, Suite 100, Irvine, California 92606 (hereinafter referred to as "Consultant"), is made with reference to the following: RECITALS A. On September 07, 2006, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "Agreement", for topographical surveying, conceptual grading and landscape planning services for the Santa Ana Heights Equestrian Facility, hereinafter referred to as "Project." B. City now desires to retain and compensate Consultant for water quality baseline setting, monitoring, groundwater depth analysis, and hydrological study services not contemplated in the original Professional Services Agreement. C. City and Consultant mutually desire to amend Agreement, hereinafter referred to as Amendment No. 1, as provided below: NOW, THEREFORE, the parties hereto agree as follows: 1. Consultant shall be compensated for professional services performed pursuant to this Amendment No. 1 in accordance with "Request for Change Order" dated October 17, 2006, and attached hereto. 2. Total additional compensation to Consultant for services performed pursuant to this Amendment No. 1 for all work performed in accordance with this Amendment No. 1, including all reimbursable items and subconsultant fees, shall not exceed Twenty -Nine Thousand, One Hundred and Fifty Dollars ($29,150). SAH Eq Fac -Amend 1-PSA--Fuscoe-102406 (wo header) Page I 3. 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. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date first above written. APPROVED AS TO FORM: Off_ ��- Assistant City Attorney for the City of Newport Beach ATTEST: By' i 6 � /,�. l_aVonne Harkless, City Clerk Attachment: "Request for Change Order" CITY OF NEWPORT BEACH, A Municipal Corporation c;,By: Don ebb, Mayor for the City of Newport Beach Fuscoe Engineering, Inc.. By: By: / � ,/ l � (Financial Officer) Title: Print Name: SAH Eq Fac-Amencl 1-PSA--Fuscoe-102406 (\vo header) Page 2 E N G 1 N I: E N I N G REQUEST FOR CHANGE ORDER Project Name: Santa Ana Heights Equestrian FEI RCO #: 2 Revised Company: City of Newport Beach Project/RCO#: 595.03.01 /R002 Attention: George Berger; Dave Kiff Date: 10/17/06 Client Contract #: N/A With this Request for Change Order, Fuscoe Engineering, Incorporated (FEI) requests authorization to proceed with revisions to the contract documents for the subject project. By approval signature hereon below, client shall incorporate this revision as an addendum to the original contract. Change Orders will be invoiced at the billing rates in effect on the date of Request for Change Order approval. Please sign and return via fax 949.225.6094. Change Order Description (for invoicing) TASK 01 BASELINE MONITORING PROGRAM Develop a baseline water quality sampling program for the Santa Ana Heights Equestrian Center project area to characterize pre -development conditions. Collect grab samples from 2 sampling locations to be determined (upstream and downstream) for a minimum of three storm events for the 2006/2007 rainy season. Submit samples to an accredited laboratory for analysis (see Attachment for constituents and parameters to be tested). Receive and interpret lab reports in a summary report, comparing information with receiving water quality standards for the Newport Back Bay. Fee: $15,900.00 TASK 02 GROUNDWATER BORING TEST Conduct Peizocone Penetration Tests (CPT) to a depth of 30 -ft below ground surface, in order to determine depth to groundwater and existing soil composition only within the project site. CPT Boring Rig for 1/2 day minimum only is included. One boring minimum included. Additional borings will be performed if time permits. This task includes field reconnaissance to delineate boring locations for Underground Service Alert (USA) to verify that no existing utilities are within the boring sites. CPT's cannot commence without a Dig Alert Number from USA. Fee: $3,500.00 TASK 03 HYDROLOGY STUDY (REPORT AND MAP) Prepare a hydrology impacts study analyzing existing drainage conditions on the subject property. Determine the upstream drainage areas contributing surface flows to the project area. Delineate the sub -drainage boundaries affecting the project site. Determine the peak flow rates during 10 -year and 25 -year flood return frequency conditions only. The City of Newport Beach is to provide aerial topography for this analysis. Fee: $9,750.00 Note: Per City of Newport Beach instruction, ADA access is not required on the proposed trail system in this project and has been removed from this change order. Purpose of Revision Additional tasks as requested by the City of Newport Beach. r F U S C 0 E E N i I N E E R I N Q Change Order Represents: Change in Scope of Work Change Order Amount: $29,150.00 Fixed Revision Will Be Invoiced As: A New Contract Item (Change Order) Request for Change Order Prepared By: Consultant: Fuscoe Engineering, Inc. Signed: Name: Mark McKeehan Title: Project Manager Date: October 17, 2006 Change Order Approved By: Client: City of Newport Beach Signed: Name: Title: Date: -- Moil FUSCOF E N 6 I N E E/ t N 6 RATE SCHEDULE Classification Hourly Rate President $220 Principal $200 Sr. Project Manager $190 Project Manager $150 Sr. Designer / Project Engineer / Sr. Water Resources Engineer $130 Designer / Engineer / Project Scientist / GIS Coordinator $105 CADD / Engineering / Environmental Tech. / Graphics Tech. $ 80 Information Coordinator $ 60 1 -Man Survey Crew $145 2 -Man Survey Crew $195 3 -Man Survey Crew $230 1. Reproduction and other reimbursable expenses will be billed in addition to the above rates, with a 10% handling surcharge (detailed costs provided upon request). 2• ange ue o the granting of wage increases and / or other employei beneffis In field or ice employees during the lifetime ot this agreement. 3. e Surveyors' rates are also adjusted automatically for holiday / weekend work in agreement with the Operating Engineers Union. Client Initials Effective 7/2006 E N G I N ATTACHMENT E E R 1 N G Sample Constituent/Parameter Name General • Turbidity • Hardness (Mg, Ca) • Total Dissolved Solids • Total Suspended Solid • Biological Oxygen Demand • Dissolved Organic Carbon • Total Organic Carbon • Oil and Grease Nutrients • Nitrate NO3 • Total Kjeldahl Nitrogen • Total Phosphorus • Dissolved Ortho -Phosphate (wet chem.) Metals • Cadmium (Cd) • Copper (Cu) • Lead (Pb) • Nickel (Ni) • Zinc (Zn) Organic Compounds • 8141 A-0 Organophosphates (Pesticides) • 8081 Organochlorides (Pesticides) Bacteria • Total Coliform • E.Coli • Enterococcus Sampling Information Container Preservation Analysis 1 L Amber HCl Oil and grease EPA 413.2 1 L Amber - 8141A-0 Organic Pesticides Bacti Na203S2 9221 (MTF) Total coliform/fecal col iform/e. col i 9230C (MF) Enterococcus 1 L Poly -- BOD 500 mL Poly HNO3 Ni, Ca, Cu, Pb, Zn, Hardness 500 mL Poly -- NO3 (EPA 300.0); Phosphates — ortho-dissolved; TDS (EPA 160.1); TSS (EPA 160.2) 500 mL Poly H2SO4 Total Kjeldahl N SM4500; Phosphorus 365.3 . • • (3gj�oa- Zoe (�� CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT OCT 2) d r1rR Agenda Item No. s23 October 24, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Economic & Community Development George A. Berger, AICP, C &ED Program Manager 949 - 644 -3207 or gaberger @city .newport- beach.ca.us SUBJECT: SANTA ANA HEIGHTS EQUESTRIAN FACILITY –AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH FUSCOE ENGINEERING, INC. RECOMMENDATION: Approve Amendment No. 1 to Professional Services Agreement with Fuscoe Engineering, Inc., and authorize the Mayor and City Clerk to execute the Amendment. • DISCUSSION: On September 7, 2006, the City Manager approved a Professional Services Agreement with Fuscoe Engineering, Inc. (FEI) for $33,085 to provide topographic surveying and conceptual grading and landscape planning services for the proposed Santa Ana Heights equestrian facility. This project proposes low -level development of riding arenas to formalize the existing equestrian - related recreational activities pursued by nearby residents of Santa Ana Heights and Newport Beach. The project is located in an existing "waste" area of property within the Orange County Flood Control District (OCFCD) right - of -way along the Delhi Channel, generally south of Mesa Drive, north of upper Newport Bay, and east of the Delhi Channel itself. The project seeks to consolidate the equestrian activity to this riding arena area and along existing trails, to close (and landscape) an "informal" riding ring on the "upper mesa" adjacent to neighboring residential property, and provide improved water quality for Newport Bay through improvements to the existing drainage discharge channels and through monitoring and enforcement. The current work being done is conceptual, and staff are working with both the Back Bay Equestrians and the Newport Beach Naturalists and Friends (NBNF) —and have contracted with Keeton Kreitzer Consulting (KKC) —to provide environmental documentation in accordance with CEQA and to develop a project for submittal to the California Coastal Commission. • Subsequent to the initial PSA with FEI for services and work at the site having progressed, meetings with City design engineering staff determined that additional work u i by Fuscoe to provide water quality and hydrology data was warranted. FEI has submitted a proposal to amend its scope of services and fee in an amount not to exceed $29,150, which is outlined in its Request for Change Order (Attachment 1). Since the increase is more than 25% of the original contract amount, City Council approval is required per Council Policy F -14. Staff concurs that the fee of $29,150 is appropriate for the needed additional tasks and recommends Council approval. Environmental Review: This is a contract amendment for additional information gathering, which is exempt from environmental review under Section 15306 of the CEQA Guidelines. Environmental review of the project will be completed prior to City Council action on the project. Public Notice: Not applicable at this time. Fundina Availability: This project is funded by County of Orange Santa Ana Heights Redevelopment Agency funds. There are sufficient funds available in the following account for the project: Account Description Santa Ana Heights Riding Arena Prepared by: Account Number Amount 7251- C5100866 $250,000 Submitted by: D Kiff Assistant City Manager Attachment: Amendment No. 1 to the Professional Services Agreement is U • Z w • • ATTACHMENT AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH FUSCOE ENGINEERING, INC. FOR SANTA ANA HEIGHTS EQUESTRIAN FACILITY THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered into this day of , 2006, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City ") and FUSCOE ENGINEERING, INC., a California corporation, whose address is 16795 Von Karmen, Suite 100, Irvine, California 92606 (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS A. On September 07, 2006, CITY and CONSULTANT entered into a • Professional Services Agreement, hereinafter referred to as "Agreement ", for topographical surveying, conceptual grading and landscape planning services for the Santa Ana Heights Equestrian Facility, hereinafter referred to as "Project." B. City now desires to retain and compensate Consultant for water quality baseline setting, monitoring, groundwater depth analysis, and hydrological study services not contemplated in the original Professional Services Agreement. C. City and Consultant mutually desire to amend Agreement, hereinafter referred to as Amendment No. 1, as provided below: NOW, THEREFORE, the parties hereto agree as follows: Consultant shall be compensated for professional services performed pursuant to this Amendment No. 1 in accordance with "Request for Change Order" dated October 17, 2006, and attached hereto. 2. Total additional compensation to Consultant for services performed pursuant to this Amendment No. 1 for all work performed in accordance with this Amendment No. 1, including all reimbursable items and subconsultant fees, shall not exceed Twenty -Nine Thousand, One • Hundred and Fifty Dollars ($29,150). SAH Eq Fac -Amend I -PSA —Fuss 102406 Page I 3 • i 3. 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. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date first above written. APPROVED AS TO FORM: Assistant City Attorney for the City of Newport Beach ATTEST: By: LaVonne Harkless, City Clerk Attachment: "Request for Change Order" CITY OF NEWPORT BEACH, A Municipal Corporation By: Don Webb, Mayor for the City of Newport Beach Fuscoe Engineering, Inc.. 0 (Financial Officer) Title: Print Name: SAH Eq Fac -Amend 1- PSA-- Fusco - I02406 Page 2 u T A • • • •� FUSCVE Iloilo c s s t r e t to t 11 s REQUEST FOR CHANGE ORDER Project Name: Company: Attention: Client Contract #: Santa Ana Heights Equestrian FEI RCO #: 1"me son Diego irdand Empire (Mint spurvis 2 Revised City of Newport Beach Project/RCO#: 595.03.01 /R002 George Berger; Dave Kiff Date: 10/17/06 With this Request for Change Order, Fuscoe Engineering, Incorporated (FEI) requests authorization to proceed with revisions to the contract documents for the subject project. By approval signature hereon below, client shall incorporate this revision as an addendum to the original contract. Change Orders will be invoiced at the billing rates in effect on the date of Request for Change Order approval. Please sign and return via fax 949.225.6094. Change Order Description (for invoicing) TASK 01 BASELINE MONITORING PROGRAM Develop a baseline water quality sampling program for the Santa Ana Heights Equestrian Center project area to characterize pre - development conditions. Collect grab samples from 2 sampling locations to be determined (upstream and downstream) for a minimum of three storm events for the 2006/2007 rainy season. Submit samples to an accredited laboratory for analysis (see Attachment for constituents and parameters to be tested). • Receive and interpret lab reports in a summary report, comparing information with receiving water quality standards for the Newport Back Bay. Fee: $15,900.00 TASK 02 GROUNDWATER BORING TEST Conduct Peizocone Penetration Tests (CPT) to a depth of 30 -ft below ground surface, in order to determine depth to groundwater and existing soil composition only within the project site. CPT Boring Rig for '/z day. minimum only is included. One boring minimum included. Additional borings will be performed if time permits. This task includes field reconnaissance to delineate boring locations for Underground Service Alert (USA) to verify that no existing utilities are within the boring sites. CPT's cannot commence without a Dig Alert Number from USA. Fee: $3,500.00 TASK 03 HYDROLOGY STUDY (REPORT AND MAP) Prepare a hydrology impacts study analyzing existing drainage conditions on the subject property. Determine the upstream drainage areas contributing surface flows to the project area. Delineate the sub- drainage boundaries affecting the project site. Determine the peak flow rates during 10 -year and 25 -year flood return frequency conditions only. The City of Newport Beach is to provide aerial topography for this analysis. Fee: $9,750.00 Note: Per City of Newport Beach instruction, ADA access is not required on the proposed trail system in this project and has been removed from this change order. Purpose of Revision Additional tasks as requested by the City of Newport Beach. F_ -I LJ A • — rrE1�l EUSC ®E �In.. I N G I F I E E R I N G ATTACHMENT Sample Constituent /Parameter Name General • Turbidity • Hardness (Mg, Cc) • Total Dissolved Solids • Total Suspended Solid • Biological Oxygen Demand • Dissolved Organic Carbon • Total Organic Carbon • Oil and Grease Nutrients • Nitrate NO3 • Total Kjeldahl Nitrogen • Total Phosphorus • Dissolved Ortho- Phosphate (wet Chem.) Metals • Cadmium (Cd) • Copper (Cu) • Lead (Pb) • Nickel (Ni) • Zinc (Zn) Organic Compounds • 8141 A -0 Organophosphates (Pesticides) • 8081 Orgonochlorides (Pesticides) Bacteria • Total Coliform • E.Coli • Enterococcus Sam ling Information Contained .,; ' .:,jFf'reseivoiion; ". ,,,. Anal' IS" a l 1 L Amber HCI Oil and grease EPA 413.2 9:L3Amber -. - =!: F `'�_s cr;; ^,' , ., `8 4',1'A:2iS*QM3oic P,eshc desr Bacti N0203S2 9221 (MTF) Total coliform /fecal coliform /e.coli 9230C (MF) Enterococcus 500 mL Poly HNO3 Ni, Ca, Cu, Pb, Zn, Hardness 4 5, 0?0,MR.R< .o r ly u'1�� q " Sdo° ' r• r CX.J r 1 -.6P ` otfdlssA o r 0 �: 300 d 0g T) DySP;h� o@sPpA�hates ; I""� E ;•TrSS PA 1602 ' ' 500 ml- Poly H2S0, Total Kjeldahl N SM4500; Phosphorus 365.3 I* u Sort Daoga 40imi ?nim So:r .o, u