HomeMy WebLinkAbout11 - Prof Services Agreement - Uptown Newport���WPORT = CITY OF
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City Council Staff Report
Agenda Item No. 11
February 12, 2013
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Community Development Department
Kimberly Brandt, AICP, Director
949 - 644 -3226, kbrandt(o)newportbeachca.gov
PREPARED BY: Rosalinh Ung, Associate Planner
APPROVED:ZCL✓�
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TITLE: Amendment to the Professional Services Agreement with The
Planning Center DC &E for the Preparation of the Environmental
Impact Report for the Uptown Newport Mixed -Use Residential
Development located in the Airport Area
ABSTRACT:
Staff requests approval of an amendment to the professional services agreement in the
amount of $40,745 with The Planning Center DC &E for remaining environmental
consulting services for the completion of the environmental impact report for the
proposed Uptown Newport project.
RECOMMENDATION:
Approve the amendment to the Professional Services Agreement (Attachment A) 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
will be reimbursed to the City by the applicant, Shopoff Management, Inc. on behalf of
Uptown Newport, LP.
DISCUSSION:
Shopoff Management, Inc. has filed an application for the development of a mixed -use
residential project consisting of 1,244 residential units, 11,500 square feet of
neighborhood- serving retail space, and approximately two acres of park space on a 25-
acre site formally known as "Conexant" property.
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The Planning Center DC &E Contract Amendment
February 12, 2013
Page 2
The project requires the preparation of an environmental impact report (EIR), and in
September 2011, the City entered into a professional services agreement with The
Planning Center DC &E for a total cost of $254,114. Since then, the City Manager
approved three (3) separate amendments to the original agreement consistent with
Council Policy F -14, bringing the total contract amount to $310,980. In October 2012,
the City Council authorized an amendment in the amount of $48,548 to cover the cost of
additional services not anticipated in the amended Scope of Work. These amendments
were necessary to provide additional technical studies related to health risks, noise,
vibration, traffic, air quality /green house gas assessment, and project management.
The proposed amendment includes a budget increase of $40,745, bringing the total
contract amount to $400,273. These additional costs are attributable to the following
tasks:
• Draft Final EIR. Preparation of responses to comments and revisions to the draft
Final EIR.
• Project Management. Additional project management time hours necessary for
project coordination, and meetings, etc.
• Revision to Technical Studies. Revision of the traffic study to include two
additional projects within the City of Irvine that were not included in the traffic
modeling for the Uptown Newport project.
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:
The retention of consultants is not a project as defined by California Environmental
Quality Act (CEQA).
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).
2
The Planning Center DC &E Contract Amendment
February 12, 2013
Page 3
Submitted by:
I yk�,,zr-
Kimberly Brand , AICP
Director
Attachment: A. Amended Professional Services Agreement with The Planning
Center DC &E
3
11
Attachment No. A
Amended Professional Services
Agreement with The Planning
Center DC &E
0
NO
AMENDMENT NO. FIVE TO
PROFESSIONAL SERVICES AGREEMENT
WITH THE PLANNING CENTER FOR
ENVIRONMENTAL ANALYSIS FOR THE UPTOWN NEWPORT VILLAGE MIXED
USE DEVELOPMENT
THIS AMENDMENT NO. FIVE TO AGREEMENT FOR PROFESSIONAL
SERVICES ( "Amendment No. Five ") is made and entered into as of this day of
January, 2013 ( "Effective Date') by and between the CITY OF NEWPORT BEACH, a
California Municipal Corporation ( "City "), and THE PLANNING CENTER, a California
corporation ( "Consultant'), whose address is 3 MacArthur Place, Ste. 1100, Santa Ana,
CA 92707 and is made with reference to the following:
RECITALS
A. On September 27, 2011, City and Consultant entered into a Professional
Services Agreement ( "Agreement') for Environmental Analysis services for the
Uptown Newport Village Mixed Use Development ('Project').
B. On February 27, 2012, City and Consultant entered into Amendment No. One to
the Agreement ( "Amendment No. One ") to reflect additional Services not
included in the Agreement, to extend the term of the Agreement, and to increase
the total compensation.
C. On July 12, 2012, City and Consultant entered into Amendment No. Two to the
Agreement ( "Amendment No. Two ") to reflect additional Services not included in
the Agreement, to extend the term of the Agreement, and to increase the total
compensation.
D. On August 3, 2012, City and Consultant entered into Amendment No. Three to
the Agreement ( "Amendment No. Three') to reflect additional Services not
included in the Agreement and to increase the total compensation.
E. On October 23, 2012, City and Consultant entered into Amendment No. Four to
the Agreement ( "Amendment No. Four") to reflect additional Services not
included in the Agreement, and to increase the total compensation.
F. City desires to enter into this Amendment No. Five to reflect additional Services
not included in the Agreement, to extend the term of the Agreement to
September 5, 2013 and to increase the total compensation.
G. City and Consultant mutually desire to amend the Agreement, as provided below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
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1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on September 27, 2011, and
shall terminate on September 5, 2013 unless terminated earlier as set forth herein."
2. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Request for
Contract Amendment No. 5 for the Uptown Newport Environmental Impact Report (EIR)
dated December 18, 2012 (revised January 16, 2013) attached hereto and incorporated
herein by reference ( "Services" or "Work "). The City may elect to delete certain
Services within the Scope of Services at its sole discretion.
3. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates or Progress Payments Schedule 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 or Progress Payments Schedule 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 Four Hundred Thousand Two Hundred Seventy Three
Dollars and 00/100 ($400,273.00) 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."
4. 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]
THE PLANNING CENTER Page
IN WITNESS WHEREOF, the parties have caused this Amendment No. Five to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By.
Aaron C. Harp
City Attorney
ATTEST:
Date:
LM
Leilani I. Brown
City Clerk
Attachments:
CITY OF NEWPORT BEACH,
A California municipal corporation
By:
Dave Kiff
City Manager
CONSULTANT: THE PLANNING
CENTER, a California corporation
Date:
By:
William Halligan
Vice President, Environmental Services
Bv:
Keith McCann
Chief Financial Officer
[END OF SIGNATURES]
Exhibit A: Request for Contract Amendment No. 5 for the Uptown Newport
Environmental Impact Report (EIR) dated December 18, 2012 (revised
January 16, 2013)
Exhibit B: Schedule of Billing Rates: Cost Estimate dated December 18, 2012
(revised January 16, 2013)
THE PLANNING CENTER Page
EXHIBIT A
REQUEST FOR CONTRACT AMENDMENT NO. 5 FOR THE UPTOWN NEWPORT
ENVIRONMENTAL IMPACT REPORT (EIR) DATED DECEMBER 18, 2012
(REVISED JANUARY 16, 2013)
THE PLANNING CENTER Pagej6o
December 18, 2012 (revised January 16, 2013)
Ms. Rosalinh Ung, Associate Planner
Planning Department
City of Newport Beach
3300 Newport Blvd., Bldg. C
Newport Beach, CA 92663
Subject: Request for Contract Amendment No. 5 for the Uptown Newport
Environmental Impact Report (EIR)
Dear Ms. Ung:
Pursuant to our conversations, this letter is to request Contract Amendment No.S for our services on the Uptown
Newport Environmental Impact Report (EIR). We have detailed the tasks in accordance with the original task
numbering for our approved scope of work. We have not included the tasks for which we are not requesting changes.
The Planning Centers DC &E
TASK 6 FINAL EIR - RTC/ERRATA
The additional budget for this task includes work that has been completed to prepare the Planning Commission draft
Final EIR as well as future work to update the Final EIR to respond to any additional comments. Also included is
supplementing the Final EIR to fully reflect the updated site plan in comparison to the DEIR site plan.
Planning Commission Draft FEIR - An unanticipated level of effort was required to update responses to reflect a
revised site plan. The update included revisions to the previously prepared response to comments and the following
new subsections of Chapter 3.0, Revisions to the DEIR:
• Updates to the Project Description
• Updated Traffic Modeling Results (incorporating the updated modeling from Kimley Horn)
• Revised and Updated Figures
This effort also included a technical review sufficient to conclude that the revised project description would not result
in any new significant impacts that would trigger Draft EIR recirculation.
Final EIR - The estimated fees for this task include completing updates to the FEIR to fully reflect the updated site
plan and applicable changes to the regulatory documents. As needed the update will include revisions to the
introduction /background, project description changes (including infrastructure plans and exhibits), and analyses. This
task does not include any additional changes to the project that could occur at the February 7, 2013 Planning
Commission Public Hearing or subsequent City Council Public Hearing(s).
Orange County • Northern California • Los Angeles /Downtown • Los Angeles /West • Inland Empire - San Diego
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December 18, 2012 (Revised January 16, 2013)
Page 2
TASK 10 PROJECT MANAGEMENT
This task has been supplemented by 8 hours for 1oAnn Hadfield to additional conference calls and coordination
primarily related to traffic modeling issues (ITAM modeling, etc.), site plan updates and approach to revising the Final
EIR.
Technical Studies — Subconsultant
As detailed on the attached Kimley -Horn scope of work and cost estimate, this amendment request includes fees for
the following supplemental tasks completed by the traffic consultant. The extra work was related to the City of Irvine's
Draft EIR comment that two related projects within the City of Irvine were not included in the traffic modeling for the
Uptown Newport project (ITC project and Scholle project). The City of Irvine had not previously provided these
projects in their list of related projects to be analyzed for the project, and therefore, this change could not be foreseen
by the project team.
Task 1 — Revise analysis of Newport Beach intersection to include additional related projects from the City of Irvine
Task 2 — Revise analysis of Irvine intersections to include additional related projects from the City of Irvine
Task 3 — Additional meetings, conference calls, team coordination
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EXHIBIT B
SCHEDULE OF BILLING RATES: COST ESTIMATE DATED DECEMBER 18,
2012 (REVISED JANUARY 16, 2013)
THE PLANNING CENTER Page
December 18, 2012 (Revised January 16, 2013)
Page 2
Cost Estimate
The total cost estimate for the additional work detailed in this contract amendment is $40,745. Approval of this
amendment and associated fee transfers between tasks and direct costs, would result in a total contract amount for
the Uptown Newport EIR of $400,273 (including Contract Amendment Nos. 1 to 4).
Cost Estimate
Table 1. Cost Estimate
CONTRACT REQUESTED
(THROUGHAMEND. I CONTRACT
'DRAFT EIR- -
Task 1 Project Initiation
$3,700
$3,700
Task 2 Initial Study /NOP
6,540
-
6,540
Task 3 Public Scoping Meeting
1,680
1,680
Task 4.1 - ADEIR 1
66,160
-
66,160
Task 4.1 - ADEIR 11
38,925
38,925
Task 5 Preprint and Draft EIR
4,575
4,575
Task 6 Final EIR - RTC/Errata
16,710
16,710
6A. Revised Planning Commission DEIR
17,445
17,445
6B. Prepare Complete Revised Draft EIR
6,850
6,850
Task 7 Mitigation Monitoring & Reporting Program
1,440
1,440
Task 8 FOF /SOC/NOD
2,800
2,800
Task 9 Meetings/Hea rings
21,903
21,903
Task 10 Project Management
28,740
1600
30,340
CEQA TASKS TOTAL LABOR
$193,173
25,895
$219,068
TRANSFER FEE REQUEST TO CEQA LABOR
Remaining Biological Resource Budget (study complete)
$2,624
s0
$2,624
2/3 report reproduction budget
13,053
13,053
TOTAL CEQA TASKS LABOR WITH TRANSFERRED FEES
$208,850
$25,895
$234,745
M'
December 18, 2012 (Revised January 16, 2013)
Page 3
Table 1. Cost Estimate
TECHNICAL STUDIES
The Planning Center
TOTALAPPROVED
CONTRACT REQUESTED
(THROUGH AMEND. CONTRACT
TASK # 4, DATED 10/3/12) AMENDMENT # 5 TOTAL
Air Quality /GHG
$11,410
$11,410
Health Risk Assessment
7,920
7,920
Environmental Site Assessment (peer review only)
680
14,850
680
Noiselfraffic
14,670
14,670
OffsiteConsequenceAnalysis - TowedazzSemiconductor
11,300
11,300
Subtotal TPCIDC &E Technical Studies
$45,980
$0
$45,980
Subconsultants (billed at cost + 10 %)
Cadre (Bio)
$4,504
$4,504
Cogstone (Cultural)
9,600
9,600
Kimley -Horn (Traffic)
80,273
14,850
95,123
Task i Remove and Add Study Scenarios
Task 2 Develop Link Volumes for Noise Analysis
Task 3 Add Analysis of Freeway Mainline Segments for
Existing Plus Project Scenario
Task 4 Additional Team Meetings and Public Hearings
Amendmentdated 11115/12
Task .1 Revised Newport Beach intersection analysis
8,250
Task 2 Revise Irvine intersection analysis
4,125
Task 3 Additional meetings/conference calls/coordination
2,475
Subtotal Subconsultants Technical Studies
$94,377
$14,850
$109,227
TECHNICAL STUDIES TOTALS
$140,357
$155,207
Labor Subtotal
$349,207
40,745
$389,952
Reimbursable Expenses (includes 10% mark -up)
$23,374
1 $23,374
Reimbursable Expense Adjustment
($13,053)
1
1 ($13,053)
GRANDTOTAL
$359,528
1 $40,745
1 $400,273
Acknowledgment
If you have any questions about the contents in this contract amendment, please contact me at 714.966.9220 or
jadfield @planningcenter.com.
Respectfully submitted,
THE PLANNING CENTER IDC &E
JoAnn C. Hadfield
Principal, Environmental Services
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