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HomeMy WebLinkAboutC-4607 - PSA for Environmental Consulting Services for Bayview ParkJc !� AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH GLENN LUKOS ASSOCIATES, INC. FOR ENVIRONMENTAL CONSULTING SERVICES FOR BAYVIEW PARK THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ( "Amendment No. One "), is entered into as of this I(A day of 2 WVYlW 2010, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and GLENN LUKOS CONSULTING SERVICES, INC. a California corporation whose address is 29 Orchard, Lake Forest, California 92630 -8300 ( "Consultant "), and is made with reference to the following: RECITALS: A. On August 17, 2007, City and Consultant entered into a Professional Services Agreement ( "Agreement ") for environmental consulting services for the Bayview Park Restoration Project Monitoring Program ( "Project "). B. City desires to enter into this Amendment No. One to reflect an additional year of services as required by the California Coastal Commission, to increase the total compensation and to update insurance requirements. C. 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: 1. TERM Section 1 of the Agreement shall be amended hereby and the following is substituted in its entirety: The term of the Agreement shall terminate on December 31, 2011, unless terminated earlier as provided for in Agreement. 2. SERVICES TO BE PERFORMED Section 2 of the Agreement shall be supplemented to include the Scope of Services dated February 22, 2010 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. 3. COMPENSATION The introductory paragraph to Section 4 of the Agreement shall be amended hereby and the following is substituted in its entirety: 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 the Agreement and Amendment No. One, including all reimbursable items and subconsultant fees, shall not exceed Forty Three Thousand One Hundred Twenty Dollars and no /100 ($43,120.00) without prior written authorization from City ( "Total Amended Compensation "). 3.1 The Total Amended Compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this Amendment No. One, including all reimbursable items and subconsultant fees, in an amount not to exceed Five Thousand and Thirty Dollars and no /100 ($5,030.00), without prior written authorization from City. 4. INSURANCE Section 14 of the Agreement shall be amended hereby and the following terms are substituted in their entirety. Without limiting Consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. 4.1 Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Consultant, his agents, representatives, employees or subconsultants. The cost of such insurance shall be included in Consultant's bid. 4.2 Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. Glenn Lukos Associates, Inc. Page 2 43 Coverage Requirements. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least one million dollars ($1,000,000)) for Consultant's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Consultant shall require each subconsultant to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subconsultant's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (ten (10) calendar days written notice of non- payment of premium) prior to such change. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. iv. Professional Liability (Errors & Omissions) Coveraqe. Consultant shall maintain professional liability insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) limit per claim and in the aggregate. 4.4 Other Insurance Provisions or Requirements. The policies are to contain, or be endorsed to contain, the following provisions: Glenn Lukos Associates, Inc. Page 3 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. ii. Enforcement of Contract Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. iii. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. iv. Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. 4.5 Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement. 4.6 Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 5. INTEGRATED CONTRACT 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. Glenn Lukos Associates, Inc. Page 4 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. One on the dates indicated below. APPROVED AS TO FORM: OFFICEFTHE CITY ATTORNEY Date:14�w I" n V \ N eonie Mulvihill Assistant City Attorney ATTEST: Date: q-l�-ID By: ML 'P 1'w'l Leilani I. Brow City Clerk `t1Foa7:d 0 CITY OF NEWPORT BEACH, A California municipal corporation Date: '%) to By: 4r LAM D e Kiff City Manager CONSULTANT: GLENN LUKOS CONSULTING SERVICES, INC. a California corporation By: Glenn C. Lukos President Date: By: Judith Lukos Secretary Date: Z -s -A \0 i uy� ' Attachments: Exhibit A — Additional Services to be Performed A10-00406/Amendment No. 1 to PSA Glenn Lukos Associates, Inc. Page 5 EXHIBIT A Glenn Lukos Associates, Inc. Page A -1 GLENN LUKOS ASSOCIATES , Regulatory Services December 04, 2009 [Revised February 22, 2010] Dan Sereno P.O. Box 1768 City of Newport Beach Newport Beach, California 92658 SUBJECT: Revised Proposal to Provide a Final (Sixth) Year of Restoration Monitoring Services Pertaining to the Back Bay View Park Site Located in Newport Beach, Orange County Dear Mr. Sereno: Glenn Lukos Associates, Inc. (GLA) is requesting a revised change order for an additional year of monitoring as required by the Special Conditions of the Coastal Development (CDP) Permit 5 -03- 091 pursuant to the California Coastal Act. We were previously authorized to perform a five -year monitoring program. The fifth and final monitoring reports were submitted to California Coastal Commission (CCC) staff in August 2009. However, CCC staff determined that the reports did not meet the requirements for the final monitoring year and are requiring an additional year of monitoring for both the wetland basin and the coastal sage scrub restoration. This proposal would cover a sixth year of monitoring and production of final annual report submittal to CCC. GLA is currently in negotiations with CCC staff in an attempt to lessen the sixth year monitoring requirements. Therefore, this proposal represents a maximum cost, all of winch that may not be required if monitoring requirements are reduced. All monitoring and report production would occur within the 2009 -2010 fiscal year. Some coordination with CCC may occur after the end of the 2009 -2010 fiscal year, but GLA will make every attempt to minimize costs in the next year. .Klb�l YY The proposed fee. for performance of the attached scope of work is $5,030 including direct costs, but not including meetings or other tasks not specifically addressed in the scope of work. This,' amount is in addition to the $38,090 previously authorized (for Years I through5) for a total of - $43,120. 29 Orchard ■ Lake Forest ■ California 92630 -8300 Telephone: (949) 837 -0404 Facsimile: (949) 837 -5834 Dan Sereno City of Newport Beach December 04, 2009 [Revised February 22, 20 10] Page 2 SCHEDULE Work is ongoing. Should you have any questions regarding this revised change order, please feel free to contact me at (949) 837 -0404. Sincerely, GLENN LUKOS ASSOCIATES, INC. Glenn C. Lukos President 0560- 5b2.pro.doc EB Enclosure SCOPE OF WORK MITIGATION MONITORING SERVICES FOR BACK BAY VIEW PARK NEWPORT BEACH, ORANGE COUNTY, CALIFORNIA GLA will conduct a final year of monitoring as required by Coastal Commission staff. GLA submitted 51' annual monitoring reports to CCC in August 2009; however, staff determined that the 5a' year of monitoring was not adequate and an additional year was required for both the wetland basin and the coastal sage scrub restoration. GLA is currently negotiating with CCC staff to attempt to lessen the monitoring requirements from quantitative to qualitative monitoring. The cost presented herein includes a final quantitative monitoring event of the wetland basin, the coastal sage scrub restoration site, and the coastal sage scrub reference site. The cost also includes production of final monitoring reports for transmittal to CCC staff and coordination with CCC staff for final release of the City's mitigation responsibilities for the site. Also included is a limited amount of coordination time with City maintenance personnel until the time of the final monitoring event. DIRECT EXPENSES GLA's direct expenses shall be those costs incurred directly for the CITY'S project, including, but not limited to, necessary transportation costs including mileage by automobile at the current rate allowed by IRS, meals and lodging, laboratory tests and analyses, retention and management of technical consultants, printing, and binding charges. Reimbursement for these expenses shall be on the basis of actual charges when furnished by GLA. An administrative charge of 15% shall be applied to all direct expense and subcontractor charges (this administrative fee has already been included in the cost estimate provided in this proposal). TOTAL