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HomeMy WebLinkAbout15 - Newport Dunes Hotel��Ew�Rr O O r C�CIFOf•�`* CITY OF NEWPORT BEACH COMMUNITY AND ECONOMIC DEVELOPMENT PLANNING DEPARTMENT M5 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (949) 644-T= -+ FAX (949) 644-5250 Hearing Date: Agenda Item No.: Staff Person: May 24, 1999 15 Patrick J. Alford (949) 644 -3235 REPORT TO THE MAYOR AND CITY COUNCIL SUBJECT: Newport Dunes Hotel and Time -Share Resort Environmental Impact Report SUMMARY: An amendment to the professional services agreement for consulting services to prepare an environmental impact report for the Newport Dunes Hotel and Time - Share Resort project. SUGGESTED ACTION: Approve the amendment to the professional services agreement with LSA Associates for the preparation of an environmental impact report for the Newport Dunes Hotel and Time -Share Resort project. Background On September 28, 1998, the City Council approved a professional services agreement with LSA Associates for the preparation of an environmental impact report for the Newport Dunes Hotel and Time- Share Resort project. The agreement set the costs for these services at $79,500.00. On October 21, 1998, the Acting City Manager approved an amendment to the agreement. The amendment was necessary to expand the scope of work to address new water quality issues and to provide an additional $17,500 in compensation to the consultant. The Acting City Manager was authorized to approve the amendment under City Council Policy F -3 because the increase was less than twenty five percent (25 %) of the original agreement. On April 23, 1999, the Planning Department received a budget augment request from the consultant for an additional $17,000. This request, along with the previous amendment, would exceed twenty five percent (25 %) of the original agreement and must be submitted to the City Council for approval pursuant to City Council Policy F -3. Analysis The amendment is necessary to compensate the consultant for additional costs incurred during the preparation of the Newport Dunes Hotel and Time -Share Resort Environmental Impact Report (EIR). Additional work was required by the consultant because of revisions to some of the technical studies that occurred after the awarding of the original contract. Also, the applicant has continued to refine the planned community development regulations and the design guidelines proposed for the project. This required additional review and analysis by the consultant that was not provided for in the original contract. Based on community input received when the project was first submitted for public comments, it was determined that additional traffic and parking analysis was necessary. The City's traffic consultant was directed to provide additional data and analysis on traffic generation and parking demand associated with weekend activities and special events and functions that may be conducted on the project site. This new information, in turn, required revisions to the noise analysis and air quality analysis, since both of these studies are based on estimated traffic volumes. The consultant's original budget estimates were based on the assumption that traffic, noise, and air quality technical studies were complete. The additional review and analysis of these technical studies required significant rewriting of the corresponding sections of the EIR that resulted in cost overruns. The applicant also experienced difficulty in preparing the planned community development regulations for the project. On his own volition, the applicant hired a new consultant to prepare the draft regulations and to add a set of design guidelines. This resulted in considerable delay in the submission of the final draft document. The late submission of the development regulations and the addition of design guidelines required the consultant to make significant revisions to the project description, land use, and visual quality sections of the EIR. These revisions were not anticipated in the original budget estimates and resulted in additional cost overruns. To address the costs associated with additional review and analysis and to complete the EIR, the City, the consultant, and the applicant have agreed to provide an additional $17,000 in compensation to consultant. This will bring the total contract cost of the EIR to $114,000. The applicant is responsible for the full cost of the EIR. 0 Submitted by: Prepared by: SHARON Z. WOOD PATRICK J. ALFORD Assistant City Manager Senior Planner .X Z Attachments: PSA andment No. 2. • Newport Dunes PSA An=d=nt May 24. 1999 Page 2 AMENDMENT NO. 2 PROFESSIONAL SERVICES AGREEMENT Newport Dunes Environmental Impact Report THIS AMENDMENT NO. 2 TO CONSULTANT AGREEMENT, made and entered into this 24th day of May, 1999, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and LSA Associates, Inc., whose address is One Park Plaza, Suite 500, Newport Beach, California 92614 -5981 (hereinafter referred to as "CONSULTANT ") is made with reference to the following: RECITALS: A. On September 28, 1998, a Consultant Agreement was entered into by and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT." • B. On November 2, 1998, an amendment to the AGREEMENT was executed by CITY AND CONSULTANT, hereinafter referred to as "AMENDMENT NO. 1:' C. CITY and CONSULTANT mutually desire to amend the AGREEMENT, as amended by AMENDMENT NO. 1, as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. SERVICES TO BE PERFORMED BY THE CONSULTANT The Consultant's scope of services shall remain the same and shall be in full force and effect as set forth in AGREEMENT, as amended by AMENDMENT NO. 1. t 3 2. COMPENSATION TO CONSULTANT Consultant's compensation shall be increased by seventeen thousand dollars ($17,00.00) for all work performed in accordance with AGREEMENT, as amended by AMENDMENT NO. 1, and shall not exceed the total contract price of one hundred and fourteen thousand dollars ($114,000.00). IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 2 on the date first above written. CITY OF NEWPORT BEACH, a municipal corporation FEW APPROVED AS TO FORM: Homer Bludau City Manager Robin Clauson Assistant City Attorney CONSULTANT BY: Robert W. Balen LSA Associates, Inc. ATTEST: LaVonne Harkless City Clerk K q 0