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!� 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