HomeMy WebLinkAbout09 - Amendment for Environmental Services for the Koll Center Residences ProjectPaR m CITY OF
�\`S NEWPORT BEACH
cy<`o-P
City Council Staff Report
November 28, 2017
Agenda Item No. 9
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: Rosalinh Ung, Associate Planner
PHONE: 949-644-3208
rung@newportbeachca.gov
TITLE: Amendment No. 3 to the Professional Services Agreement with
Kimley-Horn & Associates, Inc. for Environmental Services for the
Koll Center Residences Project Located at 4400 Von Karman
Avenue (PA2015-024)
ABSTRACT -
Staff requests approval of an amendment to the Professional Services Agreement (PSA)
with Kimley-Horn & Associates, Inc. in the amount of $144,190 for the completion of the
environmental impact report for the proposed Koll Center Residences project located at
4400 Von Karman Avenue.
RECOMMENDATION:
a) Determine that the action is exempt from the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines
because it will not result in a physical change to the environment, directly or indirectly;
and
b) Approve the amendment to the Professional Services Agreement and authorize the
Mayor and City Clerk to execute the agreement.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item. The entire cost of the consulting services of
$144,190 will be reimbursed to the City by the applicant (Shopoff Land Fund II, LP).
DISCUSSION:
Shopoff Land Fund II, LP has filed an application for the development of 260 for -sale
residential units, 3,000 square feet of retail and a 1.17 -acre public park to be located in
Koll Center Newport Planned Community.
9-1
Amendment 3 to the Professional Services Agreement
with Kimley-Horn & Associates, Inc. (PA2015-024)
November 28, 2017
Page 2
The proposed project requires the preparation of an Environmental Impact Report (EIR),
pursuant to the California Environmental Quality Act (CEQA) and a traffic study, pursuant
to the City's Traffic Phasing Ordinance. On February 23, 2016, the City entered in a PSA,
authorized by the Mayor, with Kimley-Horn & Associates, Inc. for a total cost of $193,884.
Since then, the City approved two (2) separate amendments to the original agreement
consistent with Council Policy F-14, bringing the total contract amount to $238,250. The
First Amendment was for the preparation of a parking analysis in the amount of $44,366
and the Second Amendment was for a twelve-month contract extension.
The proposed amendment (Third Amendment) includes a budget increase of $144,190,
bringing the total contract amount to $382,440. The additional costs are attributed to the
broadened scope of work associated with the revision of the technical studies, increase
in the number of meetings and time spent on project coordination, management and
response to public comments.
Since the proposed amendment would exceed 125 percent of the original agreement,
City Council approval is required pursuant to Council Policy F-14.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Amendment No. 3 to Professional Services Agreement
Attachment B — Project Site Exhibit
9-2
Attachment A
Amendment No. 3 To Professional Services
Agreement with Kimley-Horn & Associated, Inc.
9-3
AMENDMENT NO. THREE TO
PROFESSIONAL SERVICES AGREEMENT
WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR
PREPARATION OF CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
DOCUMENTATION FOR THE TOWERS AT KOLL CENTER
THIS AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. Three") is made and entered into as of this day of November,
2017 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and KIMLEY-HORN AND ASSOCIATES,
INC., a North Carolina corporation ("Consultant"), whose address is 765 The City Drive,
Suite 200, Orange, California 92868, and is made with reference to the following:
RECITALS
A. On February 23, 2016, City and Consultant entered into a Professional Services
Agreement ("Agreement") to engage Consultant to prepare California
Environmental Quality Act (CEQA) Documentation for The Towers at Koll Center
("Project').
B. On January 23, 2017, City and Consultant entered into Amendment No. One to
the Agreement ("Amendment No. One") to reflect additional services not previously
included in the Agreement, extend the term of the Agreement, and to increase the
total compensation.
C. On October 3, 2017, City and Consultant entered into Amendment No. Two to the
Agreement ("Amendment No. Two") to extend the term of the Agreement.
D. An extended Project schedule and changes to the Project scope require new and
additional work efforts beyond those contemplated under the Agreement, as
amended.
E. The parties desire to enter into this Amendment No. Three to reflect additional
Services not included in the Agreement, as amended, and to increase the total
compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Exhibit A to the Agreement, Exhibit A to Amendment No. One, and Exhibit A
to this Amendment No. Three shall collectively be known as "Exhibit A." The City may
elect to delete certain Services within the Scope of Services at its sole discretion.
2. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be amended in its entirety and replaced with the
Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by
reference.
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Three Hundred Eighty
Two Thousand Four Hundred Forty Dollars and 00/100 ($382,440.00), without prior
written authorization from City. No billing rate changes shall be made during the term of
this Agreement without the prior written approval of City."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. Three,
including all reimbursable items and subconsultant fees, in an amount not to exceed One
Hundred Forty Four Thousand One Hundred Ninety Dollars and 00/100
($144,190.00).
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Kimley-Horn and Associates, Inc. Page 2
9-5
IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: I l
B� ( 1
Y:
Aaron C. Tarp
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Kevin Muldoon
Mayor
CONSULTANT:
Associates, Inc.,
corporation
Date:
Kimley-Horn and
a North Carolina
By:
Serine Ciandella
Sr. Vice President
Date:
An -
George Fares, P.E.
Sr. Vice President
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Kimley-Horn and Associates, Inc. Page 3
EXHIBIT
SCOPE OF SERVICES
KOLL CENTER RESIDENCES SCOPE OF WORK
1. Technical Studies
• Revise Air Quality, Greenhouse Gas, and Noise technical studies.
• Conduct additional rounds of review of the traffic study and the parking
study.
2. Administrative Draft EIR
• Revise Administrative Draft EIR sections including, but not limited to,
Executive Summary, Air Quality, Greenhouse Gas, Noise, Land Use and
Planning, and Alternatives based on new and revised technical studies.
• Reconcile Administrative Draft EIR with changes to nomenclature used to
describe the residential buildings on the Project site.
• Revise Project statistics including, but not limited to, park acreage, number
of parking spaces, residential unit counts and characteristics, square
footage assumptions for land uses, and building heights.
• Conduct additional analysis of divided communities in the Land Use and
Planning section of the Administrative Draft EIR.
• Modify cumulative analysis for the City of Irvine.
• Modify shade/shadow analysis to assess effects with existing land uses,
and effects with the Project, as well as additional exhibits.
• Analyze/evaluate five (5) alternatives, inclusive of a rejected alternative.
3. Draft EIR. Revise Draft EIR sections including, but not limited to, the Project
description, the characterization of the Project, and Project statistics.
4. Project Management and Coordination. Conduct ongoing project management
and coordination.
5. Team Meetings. Attend additional team meetings.
6. Public Hearings. Attend two (2) public hearings.
Kimley-Horn and Associates, Inc. Page A-1
9-7
EXHIBIT B
SCHEDULE OF BILLING RATES
Kimley-Horn and Associates, Inc. Page B-1
.;
RESIDENCES AT KOLL CENTER NEWPORT
"Amendment
roject
Mona er
Assistant Project
Mana er
Transportation
Transportation
CEQA Staff
Water Quality,
Draina a &Soils
CEQp Staff
Air Quality,
GHG Noise
Administrative
Support
Graphics/GIS
Hours
Fee Estimate
Task IDescription
Kickoff Meetin
$225
4
$175
4
$230
2
$120
$185
$225
$100
$150
$85
$125
10
$2,060
Data Review and Site Visit
2
4
4
30
$1,550
Project Descri tion, Section Outline, Significance Criteria J9
Preparation and Scoping Meeting
2.0- Notice ofF-
Notice of Preparation (including mailinglist and distribution)
2
4
4
24
9
4 1
4
15
45
$2,875
$5,105
Scoping Meeting (including materials and Scoping Memo)
3.0 Technical Studies
Traffic:Kimle -Hom
9
2
54
230
9
10
13
ZO
307
$3,275
J
$42,495
• Traffic: Supplemental Analysis
4
34
38
$5,000
• Traffic and Parking: Out of Scope Project Changes
2
17
19
$2,500
Parking Study: Kimley-Horn: Amendment One
22
57
1
80
$12,000
Air Quality
41
41
$6,150
• Air Quality, Greenhouse Gas, Noise Supplemental Analysis
1
56
57
$8,500
Greenhouse Gas
33
33
$4,950
Noiseand Vibration
48
48
$7,200
Phase I Environmental Site Assessment (peer review)
4
4
$740
Geotechnical Study, Drainage, WQMP (peer review)
4.0 Environmental Impact Report
Introduction and Executive Summary
2
16
9
16
11
$3,600
$1,250
Refine Project Description
4
4
$900
Aesthetics
4
24
28
$5,100
Air Quality (summarize tech. report)
1
12
13
$1,425
Cultural Resources (inclusive of AB 52)
1
9
10
$1,075
Greenhouse Gas (summarize tech. report)
1
9
10
$1,125
Soils and Geology
1
9
10
$1,075
Hazards and Hazardous Materials
1
9
10
$1,125
Hydrology and Water Quality (summarize tech. data)
2
9
11
$1,350
Land Use and Planning
9
24
33
$4,425
Noise and Vibration (summarize tech. report)
1
9
10
$1,125
Population, Housing, and Employment
2
12
14
$1,650
Public Services, Recreation and Utilities
4
2
32
38
$4,350
Transportation (summarize tech. report)
2
12
14
$1,650
Alternatives
4
36
40
$4,500
CEQA Mandated Sections (Growth -Inducing, References, etc.)
1 2
18
20
$2,150
Additional QA/QC, Analysis: Amendment One
70
0
0
0
0
0
0
70
$15,750
Administrative Draft EIR II
18
18
18
54
$9,000
Proof Check EIR, Draft EIR, Notices
6
24
30
$3,750
' Admin Draft, Revised Admin Draft, Draft EIR Supplemental Work
60
28
0
93
0
18
199
$29,950
• Notice of Availability
4
9
8
21
$2,480
Word Processin Gra hits, Administration
Responses to Comments (100 hrs)
24
16
64
40
40
8
24
2
64
100
$6,400
$15,150
• Responses to Comments: Kimley-Hom
So
40
30
40
40
9
239
$43,825
' Air Quality, Greenhouse Gas, Noise: Responses to Comments
50
5o
$7,500
Mitigation Monitoringand Reporting Pro ram
1
9
10
$1,075
Findings and Statement of Overriding Considerations
2
6
24
32
$3,900
Final EIR/Final Product
2
4
6
$850
Notice of Determination
2
2
$200
wt
RESIDENCES AT KOLL CENTER NEWPORT
•Amendment
Project Assistant Project
Manager
Transportation
Water quality,
Transportation CEQA Staff CEQA Staff
Air quality,
Administrative
Graphic/GIS Expenses
Manager
Drainage & Soils
GHG, Noise
Support
Fee Estimate
Task Description
man
5225
$175
$230
$120 $185 $225 $100
5150
$85
$125
Project Management and Coordination
40
18
Meetings and Hearings
32
14
58
$12,150
Project Management and Coordination: Amendment One
35
46
$10,420
Correction: ection: Amendment One
-0.08
$7,875$IS
Meetings: Amendment One
20
• Project Management and Coordination (Dec 2016 - Aug 2017)
21
$4,$00,
' Meetings:(Dec 2016-Aug 2017)
34
2
20
$4,725
• Project Management and Coordination
45
L45
$12,600
Meetings and Hearings
45
0
12
$10,125
SUBTOTAL HOURS/FEE
816
354
396
458 237 571
379
200
$12,885
Reimbursable Expenses
199 2234
$357,467
Traffic Study Expenses
Parking Study Expenses
$3,600
Office Expenses (%of KHA labor: telecommunications, in-house
$2,975
reproduction, local mileage, etc.) Increase of $904.
$4,348
Document Reproduction Estimate (based on deliverables)
Deliveries, Postage (including certified mail)
$5,750
„ Additional Reproduction, deliveries, postage, office expenses (% of
$650
KHA labor)
$4,100
Filing Fees Increase of $380.
$3,550
TOTAL FEE
$ 183,582.00 $
61,950.00
$ 91,080.00
$ 54,960.00 $ 43,845.00 $ 55,125.00 $ 57,100.00
$34,200.00
$ 17,000.001
$ 24,875.00 1 $ 24,973.00
$382,440
9-10
Attachment B
Project Site Exhibit
9-11
........................................._.............................................�
4• ■■ ■. ��- i PARK ■
• PARK ■
f—----.�1 .1. ■ ■
K 4A90 WN KFR?Ull AVE • 1 RUIL�YWIINhh'G 1 ABOYF. I � � ■ ■
R 1 -L r2 ABOA ■
e�ay vUM PAµMaM.i'.i i �ii.. ....... r ■
5000 BIRCH ST �
■
■
•�4 1 RBiLUIryG 3 AAOVF 1 ■
1 ■
A.• r 5000 Wm ST MGYINL tRMGE ■
■■�� f Pa0.Ri>CS�P�C �L�fle ■
f ■
. :
- a3A0 NON K.AFMAN AVE
. .4340 VON KAAMAH A4 _
9-12