HomeMy WebLinkAboutItem No. 14 Amend. No. 3 PSA Dudek for Biological Resources Assess & SurveysCity Council Agenda Report
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 21-282
Agenda Date: 8/10/2021 Status: Approval FinalVersion: 1
File Type: Council Consent
Calendar
In Control: City Council / Successor Agency
Agenda Number: 14)
Amendment No. 3 to the Professional Services Agreement with Dudek for Biological
Resources Assessments and Surveys
Approve and authorize the City Manager to execute Amendment No. 3 to the Professional Services
Agreement with Dudek for biological resources assessments and surveys in an additional amount of
$5,641.25, in substantially the form attached and in such final form as approved by the City Attorney.
Page 1 City of Lake Elsinore Printed on 8/5/2021
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Date: August 10, 2021
Subject: Amendment No. 3 to the Professional Services Agreement with Dudek for
Biological Resources Assessment and Surveys
Recommendation
Approve and authorize the City Manager to execute Amendment No. 3 to the Professional
Services Agreement with Dudek for biological resources assessments and surveys in an
additional amount of $5,641.25, in substantially the form attached and in such final form as
approved by the City Attorney.
Background
On March 2, 2020, the City Manager entered into a Professional Services Agreement with Dudek
to conduct biological resources assessments and surveys in the Lake Elsinore Back Basin in
furtherance of a Back Basin Biological (B3) Strategy. The B3 Strategy aims to streamline the
environmental permitting process by taking a comprehensive approach to mitigation requirements
in implementing the East Lake Specific Plan (ELSP instead of the burden and delay of individual
project case by case permit processing with federal, state, and regional regulatory agencies.
On April 14, 2020, the City Council approved Amendment No. 1 to the Professional Services
Agreement with Dudek to increase the not-to-exceed contract amount to $365,980. On December
8, 2020, the City Council approved Amendment No. 2 expanding the scope of services based on
consultations with the regulatory agencies at an increased cost of $98,873.
Discussion
The first step to developing the B3 Strategy is to understand the biological resource values within
the ELSP Dudek is a consulting firm specializing in biological resources assessments/surveys
and familiar with MSHCP implementation. Dudek has completed the scope of services and
compiled various reports as requested by the City regarding the existing biological resources of
Back Basin properties. The final cost for services to complete these reports exceeded the contract
amount by $5,641.25.
Fiscal Impact
Professional Services for the B3 Strategy and environmental regulatory matters are budgeted and
paid from the General Fund – planning outside services. Amendment No. 3, increasing the total
contract amount by an additional $5,641.25 from $464,853 to $470,494.25 will be paid from
existing appropriations.
Exhibit - Amendment No. 3
AMENDMENT NO. 3
TO AGREEMENT FOR PROFESSIONAL SERVICES
Dudek
Biological Resources Assessments and Surveys
This Amendment No. 3 to Agreement for Professional Services (“Amendment No. 2”)
is made and entered into as of August 10, 2021 , and between the City of Lake Elsinore
(“City), a municipal corporation, and Dudek, a California corporation ("Consultant").
RECITALS
A. City and Consultant entered into that certain Agreement for Professional
Services dated as of March 2, 2020 (the “Original Agreement”) for biological resource
assessment and surveys in connection with the Back Basin Biological (B3) Strategy to address
natural resource regulatory issues within the Back Basin. Except as otherwise defined herein,
all capitalized terms used herein shall have the meanings set forth in the Original Agreement.
B. The Original Agreement provided for compensation to Consultant in an original
amount not to exceed Thirty Thousand Dollars ($30,000) without additional written authorization
from the City.
A. On April 14, 2020, the City and Consultant entered into that certain Amendment
No. 1 to Professional Services Agreement which amended and restated the consultant’s proposal,
amended the term of the agreement and increased the not to exceed amount for services for
Biological Resources and Assessments to $335,980 ("Amendment No. 1").
C. On December 8, 2020, the City and Consultant entered into that certain
Amendment No. 2 to Professional Services Agreement which expanded the Scope of Work to
include riparian bird surveys and increase the compensation in an amount not to exceed Ninety-
Eight Thousand Eight Hundred Seventy-Three Dollars ($98,873) (“Amendment No. 2”).
D. Consultant has completed the Scope of Work and the City has requested
Consultant to prepare and finalize certain reports summarizing the biological resources existing
on Back Basin properties. The parties now desire to increase the contract amount by an
additional Five Thousand Six Hundred Forty-One and 25/100 dollars to pay for the cost of
services to complete the requested reports.
E. The Original Agreement and Amendments No. 1 and No. 2 and this Amendment
No. 3 shall collectively be referred to as the “Agreement.”
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth
herein, City and Consultant agree as follows:
1. Section 3. Compensation the Original Agreement is hereby amended to add the
following:
“In no event shall Consultant’s compensation for services and related work consistent
with Consultant’s April 9, 2020 Proposal and completion of the property reports
requested by City exceed a total of Four Hundred Seventy Thousand Four
Hundred Ninety Four and 25/100 Dollars.
2. Except for the changes specifically set forth herein, all other terms and conditions of
the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties have executed this Amendment No. 3 as of the day and
year first set forth above.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date
first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal corporation
“CONSULTANT”
DUDEK, a California corporation
Grant Yates, City Manager
ATTEST:
Joseph Monaco, President & CEO
City Clerk
APPROVED AS TO FORM:
City Attorney
Risk Manager