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Home My WebLink About10 - Newport Coast ASBS Protection Implementation ProgramCITY OF 1 NEWPORT BEACH City Council Staff Report April 22, 2014 Agenda Item No. 10. TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director- (949) 644 -3330, dawebb @newportbeach.gov PREPARED BY: Bob Stein, Assistant City Engineer PHONE: 949 - 644 -3322 TITLE: Approval of Amendment No. 4 to the Professional Services Agreement with Weston Solutions for the Newport Coast Area of Special Biological Significance (ASBS) Protection Implementation Program ABSTRACT: Weston Solutions is providing additional assistance to the Public Works Department to complete final grant reporting requirements for the Newport Coast ASBS Protection Implementation Program. RECOMMENDATION: Approve Amendment No. 4 to the Professional Services Agreement with Weston Solutions (Weston) of Carlsbad, California at a cost not to exceed $7,500.00, extend the term of the agreement to June 1, 2014, and authorize the Mayor and City Clerk to execute the Agreement. FUNDING REQUIREMENTS: Sufficient funds are available in Account 7014- C5002006 to fund the contract amendment. DISCUSSION: In response for a Request for Proposals, Weston Solutions was competitively selected from a pool of seven consultants. Weston Solutions was awarded a contract on May 24, 2011 to perform water quality assessments and design tasks under the City's Newport Coast Protection Implementation Program funded in large part from a $2.5 million grant from the State Water Resource Control Board (State Board). The initial contract amount was $697,818. Under this contract, Weston conducted monitoring of the ASBS to assess the overall health of the ASBS, updated the ASBS Watershed Management Plan, assisted the City in forming the Southern California Bight Collaborative that lobbied the State Board successfully in the preparation of 247 requirements for the ASBS "Special Protections ", implemented a tidepool restoration project at Little Corona, and prepared construction drawings for two water quality improvement project in Newport Coast. Three amendments have been approved totaling $119,800. Under Amendment No. 1, Weston performed hydrologic and hydraulic analyses and prepared construction documents for the Cameo Shores infiltration project. Under Amendment No. 2, Weston performed compliance monitoring (core discharge requirements and ocean receiving water monitoring) required by the State Board's "Special Protections" promulgated in 2012. Amendment No. 3 extended the term of the agreement. All tasks under this three -year program have been successfully completed including construction of the Buck Gully Erosion Control Project, construction of the Reef Point and Shorecliffs Infiltration Projects, and implementation of the Newport Coast Smartimer Irrigation Controller Program. Construction documents have been completed for Cameo Shores infiltration project which has been proposed for OCTA Measure M funding. Weston Solutions has performed admirably in assisting the City with building a cost - effective ASBS protection program. As a final task to complete the work under the Proposition 84 ASBS grant contract to be funded under Amendment No. 4, Weston is assisting City staff with completion of the final project report and preparing the final grant reimbursement invoice for the State Board. ENVIRONMENTAL REVIEW: Staff recommends that the City Council find that 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) 15060 (c), and (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: Description Attachment A - Location Map Attachment B - Amendment No. 4 - Professional Services Agreement Weston Solutions .; ATTACHMENT A 249 ATTACHMENT B AMENDMENT NO. FOUR TO PROFESSIONAL SERVICES AGREEMENT WITH WESTON SOLUTIONS, INC. FOR NEWPORT COAST AREA OF SPECIAL BIOLOGICAL SIGNIFICANCE PROTECTION IMPLEMENTATION PROGRAM THIS AMENDMENT NO. FOUR TO PROFESSIONAL SERVICES AGREEMENT ( "Amendment No. Four") is made and entered into as of this 9th day of April, 2014 ( "Effective Date "), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ( "City "), and WESTON SOLUTIONS, INC., a Pennsylvania corporation ( "Consultant'), whose address is 5817 Dryden place, Suite 101, Carlsbad, CA 92008, and is made with reference to the following: RECITALS A. On May 24, 2011, City and Consultant entered into a Professional Services Agreement ( "Agreement') for monitoring, special studies, best management practices (BMPs), design and construction oversight as part of the Newport Coast Area of Special Biological Significance Protection Implementation Program ( "Project'). B. On May 10, 2012, City and Consultant entered into Amendment No. One to the Agreement ( "Amendment No. One ") to extend the term of the Agreement, increase the scope of work and increase the total compensation. C. On April 26, 2013, City and Consultant entered into Amendment No. Two to the Agreement ( "Amendment No. Two ") to extend the term of the Agreement, increase the scope of work and increase the total compensation. D. On December 12, 2013, City and Consultant entered into Amendment No. Three to the Agreement ( "Amendment No. Three ") to extend the term of the Agreement. E. City desires to enter into this Amendment No. Four to increase the scope of work and increase the total compensation. F. 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. SERVICES TO BE PERFORMED Section 2 and Exhibit A of the Agreement, as amended, shall be supplemented to include the "Scope of Work for Newport Coast ASBS Protection Implementation Program" dated March 31, 2014, which is attached hereto as Exhibit A and incorporated herein by reference. Exhibit A of the Agreement, as amended, and Exhibit A of Amendment No. Four shall collectively be known as "Exhibit A ". The City may elect to delete certain tasks of the Services to be performed at its sole discretion. Weston Solutions, Inc. Page 1 250 2. COMPENSATION TO CONSULTANT 2.1 Exhibit B to the Agreement shall be supplemented to include the Schedule of Billing Rates or Progress Payments Schedule attached hereto as Exhibit B, and incorporated herein by reference. 2.2 Section 4.1 of the Agreement is 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 or Progress Payments Schedule attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Eight Hundred Twenty -Five Thousand One Hundred Eighteen Dollars and 00 /100 ($825,118.00) ( "Total Amended Compensation ") without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." The Total Amended Compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this Amendment No. Four in an amount not to exceed Seven Thousand Five Hundred Dollars and No /100 ($7,500.00). 3. 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] Weston Solutions, Inc. Page 2 251 IN WITNESS WHEREOF, the parties have caused this Amendment No. Four to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: Aaron C. I arp City Attorney ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Rush N. Hill, II Mayor CONSULTANT: Weston Solutions, Inc., a Pennsylvania corporation Date: David Griffin Vice President Date: Stephen N. Freed Assistant Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Work for Newport Coast ASBS Protection Implementation Program, dated 3/31/14 Exhibit B — Schedule of Billing Rates Weston Solutions, Inc. Page 3 252 EXHIBIT A SERVICES TO BE PERFORMED Weston Solutions, Inc. Page A -1 253 •w• ... ,/dL'� WESTON SOLUTIONS, INC. �9'`7•e1_�1]Jj 5817 Dryden Place, Suite 101 Carlsbad, CA 92008 ® (760) 795 - 69001(760) 931.1580 FAX ® www.westonsolutions. con March 31, 2014 Mr. Robert Stein, P.E. Public Works Department City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Subject: Scope of Work for Newport Coast ASBS Protection Implementation Program IN _Si: TI The following Scope of Work (SOW) has been prepared to request funds necessary for coordinating with sub - consultants, completing the final project report, and assisting the City in submitting final invoicing materials for the Newport Coast ASBS Protection Implementation Program to the Prop 84 Grant Manager. The Scope of Work consists of three tasks: • Task 1 — Coordinating with Sub- consultants • Task 2 — Completing Final Project Report • Task 3 — Assisting City in Submission of All Project Invoices Task is Coordinating with Sub - consultants Weston Solutions, Inc. (Weston) shall coordinate with sub - consultants regarding all final deliverables for inclusion into the Final Project Report. This task includes reviewing and editing submitted reports and requesting revised versions of reports and figures for inclusion in the Final Report. Task I Deliverables: Final Project Report Task 2: Completing Final Project Report Weston shall prepare the Final Project Report, including all appendices for submittal to the Grant Manager. This task includes incorporating sections of the report that the City of Newport Beach (City) produced into the main document, updating or creating new maps and figures for the Overview and Introduction sections, and incorporating review comments and edits into the Final Project Report. Task 2 Deliverables: Final Project Report 254 Robert Stein, P.E. March 31, 2014 Scope of Work— ASBS Protection and Restoration Program Page 2 Task 3: Assisting City in Submission of All Project Invoices Weston shall assist the City in reviewing and submitting invoices to the Grant Manager. Weston's accounting department and project manager will work with City personnel to ensure that all invoicing from Weston, and sub - consultants under Weston, meets acceptability criteria set forth in the Proposition $4 grant. Task 3 Deliverables: Successful submission of all invoices A cost breakdown is provided in Table 1 on a per task basis. Table 1. Cost Breakdown by Task A e a 1 Coordinating with Sub - consultants $1,500 2. Completing Final Project Report $4,000 3 Assisting City in Submission of All Project $2,000 Invoices project Total Cost'Estimafe ' $79500 Total not to exceed estimated project cost for all tasks based on time and materials: $7,500. Please call me at 760 - 795 -6920 if you have any questions or comments on this Scope of Work. Very truly yours, Weston Solutions, Inc. Dan McCoy Program Manager cc: Project File 255 EXHIBIT B SCHEDULE OF BILLING RATES Weston Solutions, Inc. Page B -1 256 Weston Solutions, Inc. 5817. Dryden Place, Suite 101, Carlsbad, CA 92008 FEE SCHEDULE Labor Categories 2013 -2014 Project Principal 200.00 Senior Project Manager 165.00 Project Manager 155.00 Senior Engineer 200.00 Engineer 150.00 Junior Engineer 90.00 Senior Scientist 140.00 Scientist 3 120.00 Scientist 2 100.00 Scientist 1 92.00 GIS Specialist 140.00 GIS Analyst 75.00 Environmental Analyst 84.00 Senior Technician 75.00 Field /Laboratory Technician 65.00 Project Control 75.00 W/P & Graphics 75.00 257