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HomeMy WebLinkAboutItem 12d - Amendment & Change Order for the Coordinated Integrated Monitoring ProgramAmendment to Professional Services Agreement with CWE, Inc. April 5, 2022 Page 1 of 4 DATE: April 5, 2022 TO: Honorable Mayor and City Council FROM: Paul Cranmer, Public Works Services Director By: Vanessa Hevener, Environmental Services Manager SUBJECT: AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH CWE, INC. AND CHANGE ORDER TO THE PURCHASE ORDER FOR THE IMPLEMENTATION OF THE COORDINATED INTEGRATED MONITORING PROGRAM (“CIMP”) FOR THE RIO HONDO/SAN GABRIEL RIVER WATER QUALITY GROUP IN THE AMOUNT OF $228,775 Recommendation: Approve SUMMARY On January 19, 2021, the City Council awarded a five-year Professional Services Agreement (“PSA”) in the amount of $2,960,675 with CWE, Inc. for the continued implementation of the Coordinated Integrated Monitoring Program (“CIMP”) Plan for the Rio Hondo/San Gabriel Water Quality Group (“Group”) and executed a Memorandum of Agreement with the Cities of Bradbury, Duarte, Monrovia, and Sierra Madre, the County of Los Angeles, and the Los Angeles County Flood Control District to aid in the administration, implementation, and cost sharing of the Agreement. Due to new stormwater permit requirements, an amendment to the PSA and change order to the purchase order with CWE, Inc. is warranted. The total change order cost will be divided between members based on the agreed cost sharing formula outlined in the Memorandum of Agreement. It is recommended that the City Council approve, authorize, and direct the City Manager to execute an Amendment to the PSA with CWE, Inc. and approve a change order to the purchase order for the implementation of the CIMP for the Rio Hondo/San Gabriel Water Quality Group in the amount of $228,775. BACKGROUND On January 19, 2021, the City Council awarded a five-year PSA in the amount of $2,960,675 with CWE, Inc. for the continued implementation of the CIMP Plan for the Rio Hondo/San Gabriel Water Quality Group and executed a Memorandum of Agreement with the Cities of Bradbury, Duarte, Monrovia, and Sierra Madre, the County of Los Angeles, and the Los Angeles County Flood Control District to aid in the administration, Amendment to Professional Services Agreement with CWE, Inc. April 5, 2022 Page 2 of 4 implementation, and cost sharing of the Agreement. Per the Memorandum of Agreement, the total cost of the PSA would be divided between members based on an agreed cost sharing formula as follows: 10% base for participation plus 90% based on agency’s land area that drains to the Los Angeles and San Gabriel Rivers. The Scope of Services in the PSA with CWE, Inc. included the following tasks: • Project Management, Coordination, and Meetings • CIMP Requirements - Receiving Water Monitoring, Storm Water (“SW”) Outfall Monitoring, TMDL Monitoring and Non‐Storm Water (“NSW”) Outfall Monitoring • Development of a Health and Safety Plan • Data Management and Reporting Methodology • Laboratory Analysis • Reports • Field Logs & Site Assessment Photos • Equipment On July 23, 2021, the Los Angeles Regional Water Quality Control Board (“Regional Board”) adopted a new Stormwater Permit which includes additional requirements such as a new semi-annual progress reporting requirements with additional required toxicity sensitivity screenings. The new reporting requirements are similar to the annual reports prepared under the existing PSA but with an added focus on watershed control measures, planning and implementation progress, and compliance. In addition, the new Permit requires that toxicity sensitivity screening be conducted prior to completing the CIMP Plan revisions. Furthermore, in 2016, the Group submitted monitoring station installation permit applications to the United States Army Corps of Engineers (“USACE”) for Arcadia Wash, Santa Anita Wash, Little Dalton Wash, Sawpit Wash, Rio Hondo Channel, and Bradbury Drain. The Group was recently notified by USACE that it is ready to evaluate the applications; however, a Cultural Resources Assessment (“CRA”) study is being required for the six flood control facilities. Since the washes, channel, and drain are each 50 years of age or older, USACE requires that they be evaluated for historical significance based on listing criteria used by the National Register of Historic Places. The tasks outlined above are outside of the original PSA approved last year; therefore, an Amendment to the PSA is necessary. DISCUSSION The total cost to include the additional requirements of the Stormwater Permit and the CRA study is $228,775. The updated MOA also includes a total of $72,980 to reimburse the City of Monrovia for work completed on behalf of the Group. The City of Monrovia separately awarded a contract for the development and preparation of applications for funding under the Safe Clean Water (Measure W) Regional Project on behalf of the Group. Table 1 below shows the new total cost including original PSA amount, the change order cost, reimbursing the City of Monrovia for grant preparation, and the overall administration fee for each of the participating agencies over the next five years. The cost sharing Amendment to Professional Services Agreement with CWE, Inc. April 5, 2022 Page 3 of 4 formula outlined in the MOA will remain the same for the Amendment (10% for participation and 90% on each agency’s land area that drains to the Rio Hondo and San Gabriel River). Table 1. Cost Allocation Formula for Fiscal Years 2021-2025 (includes original PSA amount, City of Monrovia, Administration Fee (5%) and Change Order) Agencies Acres Percent of Area Base Fee (10%) Cost based on Acres (90%) Total Cost City of Arcadia 11 34.16% $54,240.94 $1,000,593.73 $1,054,834.67 City of Bradbury 1.9 5.90% $54,240.94 $172,829.83 $227,070.77 City of Duarte 3.6 11.18% $54,240.94 $327,467.04 $381,707.98 City of Monrovia 8 24.84% $54,240.94 $727,704.53 $781,945.47 City of Sierra Madre 2.8 8.70% $54,240.94 $254,696.59 $308,937.53 County of Los Angeles 4.9 15.22% $54,240.94 $445,719.03 $499,959.96 Los Angeles County Flood Control District - - $167,446.13 Total 32.2 100% $325,445.64 $2,929,010.74 $3,421,902.50 Based on the cost sharing formula, the City of Arcadia’s contribution for the monitoring program will increase by additional $73,965.20 over five years. Annual invoices for the remainder of the costs will be due no later than January of each following year. As the fiduciary and contract administrator, Arcadia will receive a total of $159,472.50 from Working Group cites for contract administration over the same period, resulting in a “net contribution” of $895,362.17. ENVIRONMENTAL ANALYSIS The proposed action does not constitute a project under the California Environmental Quality Act (“CEQA”) under Section 15061(b)(3) of the CEQA Guidelines, as it can be seen with certainty that it will have no impact on the environment. Thus, this matter is exempt under CEQA. Amendment to Professional Services Agreement with CWE, Inc. April 5, 2022 Page 4 of 4 FISCAL IMPACT Annual costs will be divided among participating agencies based on the MOA’s cost share formula. The City of Arcadia’s total cost for the monitoring program including the Change Order is approximately $1,054,834.67 over five years. Arcadia will receive a total of $159,472.50 for contract administration over the same period, resulting in a “net contribution” of $895,362.17. The cost for the implementation of the CIMP has been budgeted in the Fiscal Year 2022-23 Capital Improvement Program (“CIP”) and in subsequent fiscal years. The City of Arcadia is expected to receive approximately $1,030,000 in local return from the Safe Clean Water Program (Measure W) annually and these funds have been allocated in the CIP for this contract. No General Fund monies are proposed to be utilized. RECOMMENDATION It is recommended the City Council determine that this action does not constitute a project and is, therefore, exempt under the California Environmental Quality Act (“CEQA”); and approve, authorize, and direct the City Manager to execute an Amendment to the Professional Services Agreement with CWE, Inc. and change order to the Purchase Order for implementation of the Coordinated Integrated Monitoring Program (“CIMP”) for the Rio Hondo/San Gabriel River Water Quality Group in the amount of $228,775. Attachments: Exhibit “A” – Tables 2.b and 3 of Memorandum of Agreement Proposed Amendment No. 1 New Table 2.b - Cost Allocation Formula for PSA Change Order (Tasks: New Reporting Requirement, Toxicity Sensitivity Screening, and Cultural Resources Assessment Study) Cost Formula: A.10% Base Fee = [(Total CONSULTANT costs) X 10%] /6 parties B.90% Land Use = [(Total CONSULTANT costs X 90%] X Percentage of total land area (not including Angeles National Forest) Party Acres (Developed Land sq.mi) Percent of Area Base Fee (1/6th of 10%) Land Use (90%) Total Cost City of Arcadia 11 34.16 $3,803.38 $70,161.81 $73,213.75 City of Bradbury 1.9 5.90 $3,803.38 $12,118.86 $15,922.24 City of Duarte 3.6 11.18 $3,803.38 $22,962.05 $26,765.43 City of Monrovia 8 24.84 $3,803.38 $51,026.77 $54,830.16 City of Sierra Madre 2.8 8.70 $3,803.38 $17,859.37 $21,662.75 County of Los Angeles 4.9 15.22 $3,803.38 $31,253.90 $35,057.28 LACFCD (5% Contribution) - - - - $12,010.69 TOTAL 32.2 100 $22,820.31 $205,382.76 $240,213.75* *Includes five percent (5%) program project administration cost payable to the CITY OF ARCADIA, up to a maximum amount of $11,438.75. Exhibit "A" Replace Table 3. Invoicing Schedule for Required Services (Table 2 plus Table 2.a plus Table 2.b) Invoice Date Jan 2021 Jan 2022 Jan 2023 Jan 2024 Jan 2025 Total Invoiced City of Arcadia $196,173.89 $196,173.89 $220,828.96 $220,828.96 $220,828.96 $1,054,834.67 City of Bradbury $42,229.70 $42,229.70 $47,537.12 $47,537.12 $47,537.12 $227,070.77 City of Duarte $70,988.51 $70,988.51 $79,910.32 $79,910.32 $79,910.32 $381,707.98 City of Monrovia $89,977.90* $145,423.06 $163,699.78 $163,699.78 $163,699.78 $781,945.47 City of Sierra Madre $57,454.95 $57,454.95 $64,675.87 $64,675.87 $64,675.87 $308,937.53 County of Los Angeles $92,980.54 $92,980.54 $104,666.30 $104,666.30 $104,666.30 $499,959.96 LACFCD (5%) $31,087.09 $31,087.09 $35,090.65 $35,090.65 $35,090.65 $167,446.13 *A credit in the amount of $55,445.16 will be applied against $145,423.06 for the January 2021 invoice. AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT FOR THE IMPLEMENTATION OF THE COORDINATED INTEGRATED MONITORING PROGRAM (“CIMP”) FOR THE RIO HONDO SAN GABRIEL RIVER WATER QUALITY GROUP BY AND BETWEEN THE CITY OF ARCADIA AND CALIFORNIA WATERSHED ENGINEERING This Amendment No. 1 (“Amendment No. 1”) is hereby entered into this ______ day of ________________, 2022 by and between the City of Arcadia, a municipal corporation of the State of California, and California Watershed Engineering (“CWE”), with respect to that certain Professional Services Agreement between the parties dated February 18, 2021 (“Agreement”). The Parties agree as follows: 1. Pursuant to Section 2.a of the Agreement, the Compensation is hereby amended as set forth in the attached Exhibit “B”. 2. Pursuant to Section 3 of the Agreement, the Scope of Services is hereby amended as set forth in the attached Exhibit “A”. 3. All terms and provisions of the Agreement not amended by this Amendment No. 1 are hereby reaffirmed. In witness whereof the Parties have executed this Amendment No. 1 on the date set forth below. CITY OF ARCADIA CALIFORNIA WATERSHED ENGINEERING By: By: Dominic Lazzaretto City Manager Title: Dated: Dated: By: ATTEST: Title: Dated: City Clerk APPROVED AS TO FORM: CONCUR: Stephen P. Deitsch Paul Cranmer City Attorney Public Works Services Director Exhibit “A” Scope of Services The Scope of Services for the Implementation of the Coordinated Integrated Monitoring Program (“CIMP”) shall include and incorporate the following three (3) new tasks to the Agreement dated February 18, 2021, but are not limited to the following: New Task# 1 - Semi-Annual Progress Reports CWE will prepare draft and final RH/SGR WQG MS4 Permit Semi-Annual Progress Reports (the June 15th submittals) beginning with the July 2021 through December 2021 reporting period. Progress Reports will be provided to each City in the Group as an editable document to allow for easy revision tracking prior to finalizing the report and submission to the Regional Board. This will include a total of five (5) Semi-Annual Progress Report periods ending with the July 2025 through December 2025 reporting period. New Task #2 - Toxicity Sensitivity Screening The additional toxicity sensitivity screening is required for two wet-weather and two dry-weather events. Chronic ceriodaphnia screenings are already being performed for the Group. This task will add three additional screenings for chronic fathead minnow, acute hyalella Azteca, and acute chironomus dilutus. The additional budget associated with this task is limited to laboratory analysis, sample courier service, and CEDEN data, since our team is already budgeted to perform the wet- and dry-weather sampling. New Task#3 - Cultural Resources Assessment The USACE is requiring a CRA for the six flood control facilities to further evaluate the monitoring station installation permit applications. Because the washes, channel, and drain are each 50 years of age or older, the USACE has required that they be evaluated for historical significance using the criteria for listing in the National Register of Historic Places (National Register). Work will consist of defining the areas of potential effects, performing an archival research/records search, field surveys, the completion of Department of Parks and Recreation forms, preparing reports, and one round of response to comments. Exhibit “B” Schedule of Charges/Payments Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out-of-scope work being performed by Consultant. This is a time-and-materials contract. Compensation shall be based on time and materials spent in accordance with the following tasks, not to exceed the total compensation listed below: The schedule of prices for the incorporation of new tasks to the Scope of Services is attached as attachment “A” to this Exhibit “B”. Implementation of the Coordinated Integrated Monitoring Program - $3,189,450.00 Total Compensation - $3,189,450.00 The total compensation shall not exceed the total listed without written authorization in accordance with Section 2 (b) of the agreement. Attachment “A” to Exhibit "B" Semi-Annual Progress Reports CWE will prepare draft and final RH/SGR WQG MS4 Permit Semi-Annual Progress Reports (the June 15th submittals) beginning with the July 2021 through December 2021 reporting period. Progress Reports will be provided to each City in the Group as an editable document to allow for easy revision tracking prior to finalizing the report and submission to the Regional Board. This will include a total of five (5) Semi-Annual Progress Report periods ending with the July 2025 through December 2025 reporting period. Toxicity Sensitivity Screening The additional toxicity sensitivity screening is required for two wet-weather and two dry- weather events. Chronic ceriodaphnia screenings are already being performed for the Group. This task will add three additional screenings for chronic fathead minnow, acute hyalella Azteca, and acute chironomus dilutus. The additional budget associated with this task is limited to laboratory analysis, sample courier service, and CEDEN data, since our team is already budgeted to perform the wet- and dry-weather sampling. Cultural Resources Assessment The USACE is requiring a CRA for the six flood control facilities to further evaluate the monitoring station installation permit applications. Because the washes, channel, and drain are each 50 years of age or older, the USACE has required that they be evaluated for historical significance using the criteria for listing in the National Register of Historic Places (National Register). Work will consist of defining the areas of potential effects, performing an archival research/records search, field surveys, the completion of Department of Parks and Recreation forms, preparing reports, and one round of response to comments. Budget The following represents a change order cost estimate for the tasks to be completed. Tasks Cost Semi-Annual Progress Reports $156,885 Toxicity Sensitivity Screening $11,422 Cultural Resources Assessment $60,468 Total Cost Estimate $228,775