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HomeMy WebLinkAbout2009/03/10 City Council Item No. 5CITY OF LSI110KE DREAM EXTREME, REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: MARCH 10, 2009 SUBJECT: EXTEND TERM OF PROFESSIONAL SERVICES AGREEMENT AND EXTRA WORK AUTHORIZATION FOR ENVIRONMENTAL CONSULTING ON BOAT LAUNCH FACILITY PROJECT Background On April 11, 2006 the City Council approved a Professional Services Agreement with HDR Engineering to perform a wide range of environmental consulting work for the Boat Launch Facility Rehabilitation Project. To date, the environmental work completed includes an Initial Study, development and implementation of a Sediment Sampling & Analysis Plan, evaluation of the Back -basin borrow site and preparation of the Mitigated Negative Declaration document. The City Council adopted the Mitigated Negative Declaration (MND) for the Project on March 11, 2008 to comply with CEQA requirements. Following completion of the Initial Study, HDR filed formal permit applications on behalf of the City with the Santa Ana Regional Water Quality Control Board (CWA 401 Permit), U.S. Army Corps of Engineers (CWA 404 Permit) and a Streambed Alteration Agreement (SAA) with the California Department of Fish & Game. The City received the Clean Water Act 401 Permit Certification from the Santa Ana Regional Water Quality Control Board on September 24, 2008. City Staff anticipates finalizing the SAA with the California Department of Fish & Game within the next thirty days. On September 15"', 2008 the USACE declined the City's contention that the boat launch project was a rehabilitation project, because it required substantial fill material to elevate the project above the Ordinary High Water Mark. Therefore, the Corps denied the City's application under a nationwide permit. The City's application was automatically rolled over for consideration under an "individual" permit application for a new project. City Staff submitted an "avoidance, minimization and conceptual compensatory mitigation" statement with the USACE at the end of January 2009. Subsequently, the Corps posted a 28 day Public Notice for the City's 404 Individual Permit application, which closed for public comment on February 27" . Agenda Item No. 5 Page 1 of 8 Extra Work Authorization March 10, 2009 Page 2 Discussion The USACE's individual permit process requires additional environmental evaluation and compensatory mitigation property for loss of any USACE's jurisdictional land or habitat. City Staff has indentified the lower portion of the T- peninsula of the levee system as an alternative mitigation site to meet the Corps requirement for compensatory mitigation. The USACE require both the project site and mitigation site be assessed for existing biological resources. Any differences between these two sites will be included in the USACE's determination of the ratio of mitigation area required in exchange for losses at the project site, as well as the extent of habitat enhancement required at the mitigation site. The attached Exhibit `B' details the "Extra Work" tasks to be performed by HDR Engineering that is necessary to obtain the USACE's 404 Individual Permit. This "Extra Work" was not anticipated under the original agreement. Furthermore, the Professional Services Agreement with HDR Engineering has expired and needs to be extended for the work to proceed. Fiscal Impact Approval of the extension to the Professional Services Agreement and "Extra Work" authorization will result in an expenditure of $29,000. This item is budgeted under the Capital Improvement Project (CIP) budget for the Boat Launch Facility Improvements. The funds will be expended from the Developer Impact Fees (DIF) for Shoreline Facilities. These are dedicated funds that can only be spent on shoreline facilities. Future additional costs to complete the environmental work for the project may include preparation of plan drawings and implementation of habitat enhancement measures at the USACE's mitigation site, as well as development and implementation of a Habitat Mitigation & Monitoring Plan for the Back -basin borrow site. Recommendation Approve the First Amendment to the Professional Services Agreement and "Extra Work" for HDR Engineering; then authorize the City Manager to execute the documents. Prepared by: Pat Kilroy Director of Lake and Aquatic Resources Approved by: Robert A. Brady City Manager Agenda Item No. 5 Page 2 of 8 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT ( "First Amendment ") is dated for identification purposes only as of March 10, 2009, by and between and City of Lake Elsinore, a municipal corporation ( "City ") and HDR Engineering, Inc. a environmental consulting firm ( "Consultant'). RECITALS A. City and Consultant entered into that certain Agreement for Professional Services dated April 11, 2006 (the "Agreement') for a term of one year. B. The parties desire to reinstate the Agreement and extend the term of the Agreement to June 30, 2011. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises set forth in this First Amendment and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 1. Capitalized Terms Capitalized terms not otherwise defined herein shall have the meanings given to them in the Agreement. 2. Reinstatement City and Consultant hereby agree to reinstate the Agreement on the same terms and conditions set forth in the Agreement, and except as expressly modified by this Amendment, the Agreement shall continue in full force and effect according to its terms, and City and Consultant hereby ratify and affirm all their respective rights and obligations under the Agreement. 3. Term. The Term of the Agreement shall continue until June 30, 2011, unless sooner terrhinated as provided in the Agreement. 4. Effect of this First Amendment In the event of any conflict between this First Amendment and the Agreement, this First Amendment shall govern. 5. Counterparts This First Amendment may be executed in counterparts, all of which when taken together shall be one and the same document. [Signatures on next page] 1 First Amendment to Engineering Professional Services Agreement Agenda Item No. 5 Page 3 of 8 IN WITNESS WHEREOF the parties have caused this First Amendment to the Agreement to be executed on 1 2009. CITY OF LAKE ELSINORE: CONSULTANT: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Agenda Item No. 5 Page 4 of 8 Exhibit B Extra Work Authorization For Engineering Services WHEREAS: HDR ENGINEERING, INC ( "HDR ") entered into an Agreement on April 11, 2006 to perform engineering services for the City of Lake Elsinore ( "CITY'); The CITY now desires to authorize "Extra Work" for HDR to perform that is necessary for the proper completion of the Project and was not part of the original Scope of Work; NOW, THEREFORE, HDR and the CITY do hereby agree: The City authorizes HDR Engineering to perform the Extra Work tasks contained herein in an amount not to exceed $29,000. Agenda Item No. 5 Page 5 of 8 February 13, 2009 Mr. Pat Kilroy Director, Lake & Aquatic Resources Department City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 RE: Extra Work Authorization: Boat Launch Rehabilitation Permitting, and Environmental Documentation - City of Lake Elsinore Dear Mr. Kilroy: HDR is currently under contract with the City of Lake Elsinore to conduct permitting coordination and environmental documentation for the City's Boat Launch Rehabilitation Project. This extra work authorization includes costs anticipated for work in support of obtaining a United States Army Corps of Engineers ( USACE) Section 404 Waters of the United States Individual Permit. Task 1. Environmental Assessment and Section 404(b)(1) Evaluation HDR will prepare a draft copy of the Environmental Assessment, Statement of Findings, and review and compliance determination according to the 404(b)(1) guidelines for use by the USACE for the Boat Launch project. This work will be performed as part of the existing contract. Estimated Time to Complete: 3 weeks Task 2. California Rapid Assessment Methodology Assessment HDR will conduct a California Rapid Assessment on the wetland resources associated with the Boat Launch project and the T Peninsula mitigation site. The assessment will follow the guidelines outlined in the California Rapid Assessment Methodology (CRAM) for Wetlands version 5.0 (September 2007). The assessment will require two days of field work in which data will be collected using assessment area work books. The data will be analyzed according to the CRAM guidelines and presented in a letter report with accompanying assessment area work books. The report will identify and define the functional assessment score for the wetland resources analyzed for both the Boat Launch project and the T Peninsula. These conclusions will include an overall score for each area addressed in the assessment. Assumptions: Based on pre - consultation with USACE (discussed in the next task). HDR assumes this CRAM assessment will be acceptable to the USACE and no revisions will be required. If additional revisions are required, an extra work authorization will be required. Estimated cost: $12,500 HDR: Engineering, Inc. 8690 Balboa Avenue 858 - 112 -8400 Suite 200 858 - 112 -8333 (lax San Diego, CA 92123 Agenda Item No. 5 Page 6 of 8 Mr. Pat Kilroy City of Lake Elsinore February 13, 2009 Page 2 Deliverables: 3 hardcopies; 1 electronic copy of the CRAM Report Estimated Time to Complete: 4 weeks Task 3. Agency Consultation HDR has assumed 40 hours of coordination time will be needed with USAGE. 'Phis time includes participation in one teleconference call with USACE and the City to agree upon appropriate methodologies to be used for the CRAM assessment. Pre - coordination is anticipated to reduce the need for revisions to the CRAM assessment once it has been submitted for review. Additionally, HDR will attend one field visit with USACE and City staff after the CRAM assessment has been conducted to discuss enhancement options for the T- Peninsula mitigation site. Estimated cost: $7,000 Deliverables: N/A Estimated Time to Complete: Ongoing Task 4. Habitat Mitigation and Monitoring Plan HDR will prepare a Habitat Mitigation Monitoring Plan (HMMP), based on the guidelines of the USACE for the T Peninsula property located in the City of Lake Elsinore. The plan will outline the objectives of the compensatory mitigation, baseline information (impact and compensation site), site protection mechanism to be used, and number of credits that will be provided for the property. No engineering or landscape plans are anticipated in this scope of work. Ecological performance standards, monitoring requirements, and long term management goals for the property will also be included in the plan. HDR will prepare the plan for submission to the City of Lake Elsinore who will be responsible for submitting the plan to the agencies ( USACE and CDFG) for their approval. Please note that this scope does not include any focused surveys such as wetland delineation or focused surveys for sensitive species. Estimated cost: $9,500 Deliverables: 3 hardcopies; 1 electronic copy of the HMMP Report Estimated Time to Complete: 4 weeks Cost Estimate The cost for the above outlined scope of work tasks would be a not -to- exceed amount of $29,000. With this addition of this amendment, the total budget for the project will now be $164,081. Your signature below will authorize the initiation of this additional work. Reimbursable expenses (including travel /computer, technology charges, etc.) will be invoiced in accordance with HDR's standard rate schedule. Should costs exceed the preliminary estimate, HDR will bill those as reimbursable costs. Costs are based upon the 2008 HDR standard hourly rate sheet attached to this letter. HDR Engineering, Inc. Agenda Item No. 5 Page 7 of 8 101117ii:] In WITNESS WHEREOF, the parties hereto have executed this Extra Work Authorization as of the day and year written below: THE CITY OF LAKE ELSINORE "CITY" ME NAME: Bob Brady NAME: TITLE: City Manager TITLE: HDR ENGINEERING, INC "HDR" M DATE: DATE: William E. Bennett Senior Vice President Agenda Item No. 5 Page 8 of 8