HomeMy WebLinkAboutItem No. 06 Amend No. 1 to PSA with Chen Ryan Assoc., Inc. Murrieta Creek Multi-Use TrailCity Council Agenda Report
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 21-052
Agenda Date: 2/9/2021 Status: Approval FinalVersion: 1
File Type: Council Consent
Calendar
In Control: City Council / Successor Agency
Agenda Number: 6)
Amendment No. 1 to Professional Services Agreement with Chen Ryan Associates, Inc. for the
Murrieta Creek Multi-Use Trail Project
Authorize the City Manager to execute Amendment No. 1 to the Agreement for Professional Services
with Chen Ryan Associates, Inc. in the amount of $43,300.00 in final form as approved by City Attorney.
Page 1 City of Lake Elsinore Printed on 2/4/2021
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REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared By: Remon Habib, City Engineer
Date: February 9, 2021
Subject: Amendment No. 1 to Professional Services Agreement with Chen Ryan
Associates, Inc. for the Murrieta Creek Multi-Use Trail Project
Recommendation
Approve and Authorize the City Manager to execute Amendment No. 1 to the Agreement for
Professional Services with Chen Ryan Associates, Inc. in the amount of $43,300.00 in final form
as approved by City Attorney.
Background
On April 28, 2020, City Council approved the Professional Services Agreement with Chen Ryan
Associates to begin the preliminary design and environmental clearance for the Murrieta Creek
Multi-Use Trail project for $356,185.78. The project will provide preliminary engineering such as
alignment analysis, surveying, mapping, and drainage study as well as completion of the CEQA
documentation. The consultant will provide all professional services necessary for CEQA
clearance and preliminary engineering plans.
Discussion
As the alignment study progressed, vernal pools were detected. The discovery of the vernal
pools triggers the protocol surveys of the fairy shrimp. U.S. Fish and Wildlife Service (USFWS)
protocols shall be followed in order to determine the presence and absence of fairy shrimp in
the pools, which consist of surveying for both dry and wet seasons. The scope of services
include but not limited to the collection and laboratory analysis of soil samples from 12 basins
ranging in sizes of 0.005 to 5 acres, completion of fair shrimp hatching cycles, and weekly
surveys during the wet season.
Due to the USFWS protocol surveys, an additional $43,300 is requested to complete the
environmental clearance phase.
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Fiscal Impact
Amendment No. 1 to the Professional Services Agreement will result in a cost of $43,300
resulting in a total contract amount of $399,485.78. The Amendment will be funded through the
City’s adopted CIP Budget.
Exhibits
A – Amendment No. 1 to Professional Services Agreement
B – Amendment No.1 Scope
AMENDMENT NO. 1
TO AGREEMENT FOR PROFESSIONAL SERVICES
Chen Ryan Associates, Inc.
Preliminary Design & Environmental Clearance – Murrieta Creek Multi-Use Trail Project
This Amendment No. 1 to Agreement for Professional Services (Amendment No. 1) is
made and entered into as of February 9, 2021, by and between the City of Lake Elsinore, a
municipal corporation (“City), and Chen Ryan Associates, Inc., a corporation (“Consultant”).
RECITALS
A. The City and Consultant have entered into that certain Agreement for Professional
Services dated as of April 28, 2020, (the “Original Agreement”). Except as otherwise defined
herein, all capitalized terms used herein shall have the meanings set forth for such terms in the
Original Agreement.
B. The Original Agreement provided for compensation to Consultant in an amount
$356,185.78.
C. The parties now desire to modify the scope of services and increase the payment
for such services as set forth in this Amendment No 1.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth
herein, City and Consultant agree as follows:
1. Section 1, Scope of Services, of the Original Agreement is hereby amended to add
the following:
Consultant shall also perform the services described in Consultant’s
December 22, 2020 Proposal (attached to this Amendment No. 1 as Exhibit
A-1). Consultant shall provide such services at the time, place, and in the
manner specified in Exhibit A-1, subject to the direction of the City through
its staff that it may provide from time to time.
2. Section 2, subpart B, Performance Schedule, of the Original Agreement is hereby
amended to add the following:
Consultant shall commence the services pursuant to this Amendment No.
1 and Exhibit A-1 upon receipt of a written notice to proceed and shall
perform all services within ten (10) days from the Notification to Proceed.
3. Section 3, Compensation, of the Original Agreement is hereby amended to read in
its entirety as follows:
Compensation to be paid to Consultant shall be in accordance with the
fees set forth in Consultants’ Proposal (Exhibit A to the Original
Agreement) and Consultant’s December 22, 2020 Proposal (Exhibit A-1 to
Amendment No. 1).
In no event shall Consultant’s compensation related to Exhibit A to the
Original Agreement exceed Three Hundred Fifty-Six Thousand One
Hundred Eighty-Five dollars and 78 cents ($356,185.78) without additional
written authorization from the City.
In no event shall Consultant’s compensation related to Exhibit A-1 to
Amendment No. 1 exceed Forty-Three Thousand Three Hundred dollars
($43,300) without additional written authorization from the City.
Notwithstanding any provision of Consultant’s Proposal and/or
Consultant’s December 22, 2020 Proposal to the contrary, out of pocket
expenses set forth in Exhibit A and Exhibit A-1, respectively, shall be
reimbursed at cost without an inflator or administrative charge. Payment
by City under this Agreement shall not be deemed a waiver of defects,
even if such defects were known to the City at the time of payment.
4. Except for the changes specifically set forth herein, all other terms and conditions
of the Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed
on the respective dates set forth below.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
Jason Simpson, City Manager
Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
“CONSULTANT”
Chen Ryan Associates, Inc., a corporation
Monique Chen, Principal In-Charge
Date:
Risk Manager
Attachments: Exhibit A-1 – Consultant’s Proposal
EXHIBIT A-1
EXHIBIT A-1
CONSULTANT’S DECEMBER 22, 2020 PROPOSAL
[ATTACHED]
EXHIBIT A-1
1
December 22, 2020
Mr. Yu Tagai, P.E.
Associate Engineer
City of Lake Elsinore
951-674-3124 ext. 246
Re: Murrieta Creek Trail – Addendum #1
Dear Mr. Tagai,
Thank you for your consideration of this addendum request prepared by Chen Ryan Associates, Inc. (“Chen
Ryan”) to the City of Lake Elsinore (the “Client”) for continued professional engineering services related
to the Murrieta Creek Trail Preliminary Design & Environmental Clearance project dated April 28, 2020
(the “Proposed Project”).
Project Understanding
This project is considering a trail alignment through the Back Basin to connect the eastern portion of the
Murrieta Creek Trail to the existing Levee Trail. In this northern alignment, vernal pools were detected
during work performed by others. As such, U.S. Fish and Wildlife Service protocols should be followed in
order to determine the presence or absence of Fairy Shrimp during in the pools, during both the dry and
wet seasons. We have prepared the following scope of work to perform the required protocols,
including field studies and report preparation.
Amended Scope of Services
Task 6 – Environmental Technical Studies
Task 6.9: Dry Season Fairy Shrimp Surveys
Fairy Shrimp Sampling. Chen Ryan will subcontract with HELIX to conduct a U.S. Fish and Wildlife Service
(USFWS) protocol-level dry season sampling survey prior to the start of the 2020/2021 rainy season. A
HELIX biologist authorized by the USFWS to conduct dry sampling surveys will conduct the sampling and
analysis. The scope of work will include collection and laboratory analysis of soil samples from each basin.
The results of the sampling and analysis will be provided in a report, which will include a map prepared
pursuant to USFWS requirements. HELIX is required under its 10(a)(1)(A) recovery permit (TE778195) to
notify the USFWS 15 days in advance of starting the fieldwork and submit a written report to the USFWS
within 90 days of completing the fieldwork. For cost purposes, HELIX has assumed 11 basins, seven in the
0.005-0.05 acre size range (25 samples/basin), two in the 0.05-0.5 acre size range (50 samples/basin), and
two in the 0.5 to 5.0 acre size range (100 samples/basin). If additional basins are present a subsequent
contract augment may be required.
Fairy Shrimp Hatching. Soil samples collected, which may contain fairy shrimp cysts of the Branchinecta
genus, will be sent to a laboratory for hatching to identify individuals at the species level. Cysts will be
artificially hatched under controlled laboratory conditions by a qualified subconsultant authorized by
HELIX and the USFWS to perform hatching. Hatched fairy shrimp will be reared to maturity and positively
identified to species level. This scope provides for two complete hatching cycles, each anticipated to last
2
approximately 3 to 4 weeks. If fairy shrimp are identified during the first cycle, the second will not be
conducted. Results of the hatching effort will be incorporated into the dry season fairy shrimp report
associated with this task. HELIX is required under its 10(a)(1)(A) recovery permit (TE778195) to notify the
USFWS of this activity.
Task 6.10: Wet Season Fairy Shrimp Surveys
Chen Ryan will subcontract with HELIX to conduct USFWS protocol wet season sampling for fairy shrimp
during the 2020/2021 rainy season. Wet season protocol requires that inundated basins be surveyed
every week, with the first survey beginning 1 week after the basins hold 3 centimeters (cm) of water 24
hours after a rain event. Surveys will continue weekly until: they are no longer inundated, they have
experienced 120 days of continuous inundation, or until it has been confirmed that listed fairy shrimp
(e.g., the federally listed Riverside [Streptocephalus woottoni] fairy shrimp) are present in the basin. If the
basins dry and then refill in the same rainy season, sampling will be reinitiated within 8 days of refilling
every time they meet the 3 cm of standing water criteria and will continue as described above. The
number of surveys will depend on the amount and timing of rainfall as well as survey results.
HELIX is required under its 10(a)(1)(A) recovery permit (TE778195) to notify the USFWS 15 days in advance
of starting the first survey and submit a written report to the USFWS within 90 days of completing the
final survey. For cost purposes, HELIX has assumed up to 11 basins, one pond check, and 20 sampling
visits. Additional basins or visits would require subsequent contract augmentation.
Fee and Billing
Chen Ryan will perform the scope of services outlined above on a lump sum basis of $43,300.
• $21,650 for Task 6.9
• $21,650 for Task 6.10
Fees will be invoiced monthly based upon the percentage of services performed as of the invoice date.
Sincerely,
Ross Duenas, P.E. Cat Callaghan, AICP, AIA
Project Manager Project Planner