HomeMy WebLinkAboutItem 12d - Amendment & Change Order for the Coordinated Integrated Monitoring ProgramAmendment to Professional Services Agreement with CWE, Inc.
April 5, 2022
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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
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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
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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
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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