, "
FIRST AMENDMENT TO AGREEMENT FOR
PROFESSIONAL SERVICES
THIS FIRST AMENDMENT TO AGREEMENT is made and entered into this _day of , 2022, by and between the City of Merced, a California Charter Municipal Corporation ("City"), and LSA Associates, Inc., a California Corporation, whose address of record is 20 Executive Park, Suite 200, Irvine, California 92614, ("Consultant").
WHEREAS, City is undertaking a project to construct a municipal well site; and,
WHEREAS, City and Consultant have previously entered into an Agreement for Professional Services ("Agreement"') dated July 15, 2019; and, WHEREAS, City and Consultant desire to amend said Agreement to provide for additional services in connection with said project.
NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants hereinafter recited, agree as follows:
1. Section 22, "ADDITIONAL WORK," is hereby added to the Agreement to read as follows:
"SECTION 22. ADDITIONAL WORK. Consultant
shall perform the additional work outlined in the proposal from Consultant to City dated September 12, 2022,
attached hereto as Exhibit '1'."
2. Section 23, "ADDITIONAL COMPENSATION," is hereby added to the Agreement to read as follows:
"SECTION 23. ADDITIONAL COMPENSATION.
City shall pay to Consultant the not to exceed additional sum of Twenty-Four Thousand Seven Hundred Eighty-
Seven Dollars and Fifty-Two Cents ($24,787.52) for the
additional work described in the proposal attached hereto X:\Agreements\Public Works\2022\1st Amendment to PSA - LSA Assoc Re Well Site #22.docx 1 ATTACHMENT 3
as Exhibit '1' and in accordance with the rates set forth on Exhibit '1'."
Except as herein amended, the Agreement dated July 15, 2019, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this First Amendment to Agreement to be executed on the date first above written.
CITY OF MERCED
A California Charter Municipal
Corporation
BY:
City Manager
ATTEST:
STEPHANIE R. DIETZ, CITY CLERK
BY:
Assistant/Deputy City Clerk
APPROVED AS TO FORM:
BY:_ 10.4.22
City A torney Date
ACCOUNT DATA:
BY:_
Verified by Finance Officer
X: \Agreements\Public Works\2022\1st Amendment to PSA - LSA Assoc Re Well Site #22 docy 2 CONSULTANT
LSA ASSOCIATES, INC.,
A California Corporation
letter
BY:
Mike Trotta
Its: President- CEOl Chair
(Title)
Taxpayer I.D. No. 94-2341614
ADDRESS: 20 Executive Park,
Suite 200
Irvine, CA 92614
TELEPHONE:_(949) 533-0666
FAX:
E-MAIL: Mike. [email protected]
[email protected]
X:\Agreements\Public Works\2022\1st Amendment to PSA - LSA Assoc Re Well Site #22.docx 3 CARLSBAD
LSA CLOVIS
IRVINE
LOS ANGELES
PALM SPRINGS
POINT RICHMOND
September 12, 2022 RIVERSIDE
ROSEVILLE
SAN LUIS OBISPO
Mr. Joseph D. Angulo, P.G.
Deputy Director Public Works
Public Works Department
City of Merced
1776 Grogan Avenue
Merced, CA 95341
Subject: Contract Modification Request for Environmental Services for Municipal Well Site #22 Dear Mr. Angulo:
LSA submits this contract modification request to update the scope of work to provide environmental review services for the Merced Municipal Well #22 Project (proposed project) pursuant to the California Environmental Quality Act (CEQA). LSA's original contract for this work is dated July 15, 2019.
Following completion of the public scoping period for the Environmental Impact Report (EIR) for the proposed project, the City determined that reliance on a Mitigated Negative Declaration would be appropriate to fulfill the requirements of CEQA for the proposed project. In addition, water supply and stormwater transmission pipelines have been added to the project description and will be evaluated under this contract modification.
A detailed revised scope of work is provided as an attachment. The following tasks from the approved scope of work have been modified as summarized below:
• Task 2: The technical analyses will be updated to reflect the addition of the transmission pipelines and current site conditions.
• Task 5: Preparation of a Focused Draft EIR has been replaced with preparation of an Initial Study and Mitigated Negative Declaration.
• Task 6: Preparation of a Final EIR has been replaced with preparation of a Response to Comments Memorandum.
• Task 9: Additional budget has been allocated to cover time need to coordinate the change in the scope of work.
Due to the time that has passed since LSA initiated the environmental review of the proposed project, t is necessary to update and revise portions of the technical analyses and Initial Study. As such, this scope of work includes updating all previously-completed and previously-initiated work.
This scope of work includes the addition of Ken D. Schmidt & Associates (KDS) as a subconsultant to MKN & Associates (MKN) to assist with identifying and addressing potential environmental impacts associated with the hydrogeological conditions of the project site and surrounding areas. If you agre with the revised scope and budget, please provide a contract modification for signature. If you have 2565 Alluvial Avenue, Suite 172, Clovis, California 93611 559.490.1210 www.lsa.net LSA is a business name of LSA Associates, Inc.
EXHIBIT 1
LSA
any questions regarding this scope of work, please contact Kyle at (559) 490-1212 or [email protected].
Sincerely,
LSA Associates, Inc.
The Fischer
my Fische Kyle Simpson
Principal Associate/Project Manager
Attachment: Revised Scope of Work
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2 LSA
REVISED SCOPE OF WORK
PROJECT UNDERSTANDING
The City of Merced is proposing to construct and operate of a new municipal water production well (Municipal Well Site #22) located on a City-owned parcel west of the intersection of East Cardella Road and Hatch Road. The project site would be approximately 4.1 acres in size and would be located in an unincorporated area of Merced County, north of the city. The proposed well would be a replacement for another City-owned well that is no longer in service. The proposed project would also include the construction of a water transmission pipeline and a stormwater transmission pipeline that would be constructed within the Hatch Road right-of-way between the project site and East Yosemite Avenue, a distance of approximately one mile.
SCOPE OF WORK
The scope of work for preparation of an updated Initial Study in support of a Mitigated Negative Declaration is detailed below. Task 2, Task 5, Task 6, and Task 9 of the approved scope of work have been modified or replaced with the scope of work included below.
Task 2: Technical Analysis
Based on the changes to the Project Description as well as the time that has passed since the technical studies were prepared, LSA recommends that each of the technical analyses completed under Task 2 be updated to address potential environmental impacts.
2.1 Air Quality and Greenhouse Gases
LSA will update the December 2019 Air Quality and Greenhouse Gas Analysis technical memorandum based on updated project information, including construction emissions associated with constructing the transmission pipeline and roadway improvements, and comments received during the public scoping period.
2.2 Biological Resources
LSA will revise the November 2019 Biological Resources Evaluation based on the expanded project area and updated project description. As part of this task, LSA will request an updated report of special-status species from the U.S. Fish and Wildlife Service through their Information for Planning and Consultation database and will query the California Natural Diversity Data Base and the California Native Plant Society's Inventory of Rare and Endangered Vascular Plants of California. Based on a review of the updated species lists and aerial imagery of the added utility pipeline project area (assumed to be within paved limits of Hatch Road between East Cardella Road and East Yosemite Avenue), LSA will revise the analysis and the project figures.
2.3 Cultural Resources
LSA will prepare an updated Cultural Resources Survey Assessment to address the requirements of CEQA. Updated Cultural Resources Survey Assessment work will consist of updated background 9/12/22
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research, an updated pedestrian field survey of the project site, and preparation of an updated report documenting the findings.
Background research will consist of requesting a priority response/rush updated records search from the Central California Information Center (CCalC) and a literature review for the project site and a
0.5-mile radius. Historic aerial photographs and historic topographic maps of the project site, if available, will also be reviewed. LSA will also contact the Native American Heritage Commission for a search of the Sacred Lands File. After LSA receives the results of the CCalC records search, an LSA archaeologist will conduct a pedestrian field survey of the project site. It is assumed that the pedestrian survey will not be delayed due to a lack of access to the project site.
Following completion of the pedestrian survey, LSA will prepare an updated report to document the Cultural Resources Survey Assessment methods, results, and management recommendations. The report, which will utilize background information from the 2019 to the greatest extent possible, will be submitted to the EIC in fulfillment of a requirement to access their archives.
This scope of work assumes that no cultural resources will be identified within the project site by either the records search or the field survey. If resources are identified, LSA will contact you immediately to develop a scope and budget for additional tasks. For example, cultural resources would be recorded on State of California Department of Parks and Recreation (DPR) Series 523 forms in accordance with the guidelines established by the State Office of Historic Preservation (OHP). This scope does not include coordination with Native American tribal representatives.
LSA will require a project description, project plans, and the proposed depth of excavation for each project component prior to initiation of the cultural resources survey assessment.
2.4 Noise
LSA will update the November 2019 Noise Analysis memorandum based on updated project information and comments received during the public scoping period.
2.5 Water Distribution System Infrastructure and Well Site Analysis MKN will complete the following tasks in coordination with KDS:
• Water, Sewer, and Storm Drain Improvements and Impacts Evaluation. MKN will review the City's latest master planning documents and identify the required improvements to connect Well 22 to the City's existing water, wastewater collection, and storm drain systems. Based on the facilities required, pipeline alignments and sizes determined in the City's master planning documents, MKN will identify construction requirements required for constructing the facilities.
This information will be used by LSA to determine environmental impacts resulting from the project.
• Well 22 Impacts on Private Wells Hydrogeologic Evaluation Research. MKN and KDS will perform the following tasks:
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• Identify study area for evaluation (approximately ½ mile in all directions from the Well 22 site).
Obtain driller's logs from DWR for all wells located in study area and plot wells on a figure.
Prepare table showing perforated intervals of each well using the logs from DWR. • Assemble available data showing the influence of pumping from the Mehrten Formation on shallow wells.
Review past hydrogeological work performed for UC Merced. • Review available City Well No. 7 data.
• 24-Hour Aquifer Test at City Well No. 7 (if needed). KDS will perform a 24-hour aquifer test using City Well No. 7. KDS will perform drawdown and recovery measurements for the nested monitor wells and determine the influence of pumping from the Mehrten Formation on water levels in shallow wells.
• Hydrogeological Evaluation Letter Report. KDS will prepare a letter report summarizing its findings from the hydrogeologic evaluation research and Well No. 7 aquifer testing (if needed).
LSA will review the letter report prior to submitting the letter report to the City. MKN will complete the task described above for a total of $8,850, plus $266 in expenses. As a subconsultant to MKN, KDS will complete their portion of the task for $12,474 (which includes a 10 percent subconsultant administration fee charged by MKN). (For budget tracking and invoicing purposes, all MKN/KDS charges for this task will be allocated under the line item budget for Task 10 as shown in Table 1 below.)
Deliverables
• Updated Air Quality and Greenhouse Gases Technical Memorandum, PDF format • Updated Biological Resources Technical Memorandum, PDF format • Updated Draft Cultural Resources Report, PDF format
• Updated Final Noise Report, PDF format
• Hydrogeological Evaluation Letter Report, PDF format
Task 5: Initial Study and Mitigated Negative Declaration LSA will update the Initial Study, prepared under Task 3 of the approved scope of work, to address applicable comments received during public scoping period and to update the Initial Study to address potential environmental impacts related to the addition of transmission lines as part of the project.
The Initial Study will incorporate the updates to the Technical Studies, as described under Task 2. The update to the Initial Study will require a thorough review and potential revisions given the time that has passed since the Initial Study was prepared in 2020. The Initial Study will be completed to support the use of a Mitigated Negative Declaration. The following scope of work will be completed to prepare an Initial Study/Mitigated Negative Declaration (IS/MND). 9/12/22
5 LSA
5.1 Administrative Draft IS/MND
LSA will prepare an Administrative Draft IS/MND with updated figures and tables, as appropriate, to illustrate the project site and the study's findings. The Administrative Draft IS/MND will be updated to reflect changes made to the technical analyses, described above under Task 2.
The Administrative Draft IS/MND will be provided to the City for review and comment. LSA will provide one electronic version in MS Word and PDF formats for review by City staff.
5.2 Screencheck Draft IS/MND
Based on a single set of consolidated and non-contradictory comments from City staff, LSA will amend the Administrative Draft IS/MND, and will prepare a Screencheck Draft IS/MND for the City to review. We have allotted time for responding to changes; however, if this task exceeds the cost allotted in the budget due to changes in project description or requests for additional analysis that are not necessary to prepare a legally-adequate document, a budget adjustment may be required LSA will provide one electronic version in MS Word and PDF formats for review by City staff to verify that all requested changes have been made and all appendix materials, references, and final graphics are acceptable. LSA will also provide the City with an electronic compare version of the Screencheck Draft. This version will show text changes made to the Administrative Draft IS/MND in underline and strikeout for the City to more easily confirm that all comments and edits are fully incorporated into the Screencheck Draft IS/MND.
5.3 Public Review IS/MND
LSA will make any minor necessary revisions to the Screencheck Draft IS/MND, and will prepare the Public Review IS/MND. LSA will coordinate with the City on the number of printed copies needed as well as prepare the required copies for distribution at the State Clearinghouse. LSA will also prepare a Notice of Completion, in accordance with the CEQA Guidelines. The City will be responsible for local distribution and noticing.
Deliverables
• Administrative Draft IS/MND, MS Word and PDF formats
• Screencheck Draft IS/MND, MS Word and PDF formats
• Public Review IS/MND, MS Word and PDF formats
• For City distribution: 25 hard copies and 70 CD copies • For State Clearinghouse: Electronic copy of IS/MND, PDF format • Notice of Completion for State Clearinghouse
Task 6: Response to Comments Memorandum
LSA will review comments received from the public and public agencies on the Public Review IS/MND during the 30-day public review period, and will prepare responses to CEQA comments in a memorandum format, as necessary. This scope and budget assume up to approximately 12 hours to prepare responses to comments. Should an unexpectedly large volume of comments be submitted, LSA will request an adjustment in the budget to cover work beyond the assumed level. 9/12/22
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Deliverables
• Administrative Draft Response to Comments Memorandum, MS Word and PDF formats • Final Response to Comments Memorandum, MS Word and PDF formats Task 9: Project Management and Meetings
Additional budget has been allocated to this task to account for LSA coordination with MKN and the City to adjust the scope of work.
BUDGET SUMMARY
Table 1 provides an estimate of the budget required to complete each task described above. The change in the scope of work would require $57,785. As shown in Table 1, the total remaining budget under LSA's total contract that could be allocated to this change in scope is $32,997.48. As a result, LSA is requesting a budget augment of $24,787.52 to address changes identified in this Contract Modification. Table 2 provides a summary of the total project budget.
Table 1: Contract Modification Cost Estimate
Task Cost Estimate
Task 2.1: Air Quality and GHG $3,250.00
Task 2.2: Biological Resources $3,285.00
Task 2.3: Cultural Resources $5,470.00
Task 2.4: Noise $2,010.00
Task 2.5: Water Distribution $1,020.00
Task 5: Initial Study/Mitigated Negative Declaration $13,340.00 Task 6: Response to Comments Memorandum $4,260.00
Task 9: Project Management and Meetings $3,560.00
Task 10: MKN/KDS $21,590.00
Contract Modification Total $57,785.00
Available Budget $32,997.48
Table 2: Contract Budget Summary
Budget Amount
Contract Modification Augment $24,787.52
Total Approved Budget $94,422.02
New Total Contract Amount $119,209.54
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