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Home My WebLink About09 - Newport Dunes Resort EIRCITY OF NEWPORT BEACH dEW�R) COMMUNITY AND ECONOMIC DEVELOPMENT G� o Hearing Date: January 25, 2000 • r ,'�'�` PLANNING DEPARTMENT Agenda Item No.: 15 U S M} NEWPORT BOULEVARD Staff Person: Patrick J. Alford NEWPORT BEACH, CA 92658 (949) 644 -3235 (949) 644-5; FAX (949) 644-5250 REPORT TO THE MAYOR AND CITY COUNCIL o�r�(�� r� Co U a�� SUBJECT: Newport Dunes Resort Environmental Impact Report ��a� SUMMARY: An amendment to the professional services agreement for consulting services to prepare an environmental impact report for the Newport Dunes 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 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 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 1/6) of the original agreement. On April 23, 1999, the Planning Department received a budget augment request from the consultant for an additional $17,000 for additional technical studies. These studies consisted of additional traffic and parking analysis relating to 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. This request, along with the previous amendment, exceeded twenty five percent (25 %) of the original agreement and was submitted to the City Council for approval pursuant to City Council Policy F -3. On May 24, 1999, the City Council approved this amendment to the agreement, which established the new contract amount at $114,000. On November 17, 1999, the City Manager approved an amendment to the agreement. The amendment was necessary in order to compensate the consultant in the amount of $22,000 for additional printing and labor costs. The additional labor costs resulted from the analysis of additional technical studies conducted to address issues raised during the public review period. These technical studies included an additional parking analysis, shadow studies, and entrance alternatives. The additional printing costs were due to multiple printings of the screen check EIR and the inclusion of additional color exhibits and foldouts. The 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 amendment to the agreement approved by the City Council on May 24, 1999. On January 7, 2000, the City Manager approved another amendment to the agreement. The amendment was necessary in order to compensate the consultant in the amount of $6,000 for additional technical studies. These studies were in response to a new, alternative design for the improvement of Bayside Drive proposed by the applicant, which required supplemental traffic, noise, and air quality analysis. The 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 amendment to the agreement approved by the City Council on May 24, 1999. Analysis The amendment is necessary to compensate the consultant for additional costs incurred during the preparation of the Newport Dunes Resort Environmental Impact Report (EIR). These additional costs were due to changes in the project design proposed by the applicant, which required additional technical studies and analysis by the consultant. Also, the City received an unusually large number of comments from the public on the draft EIR and drafting responses to these comments required additional studies and more time than was budgeted for in the original agreement. Finally, there were additional printing costs associated with these tasks. To address the costs associated with additional review and analysis and to complete the EIR, the p applicant has agreed to pay an additional $12,900 in compensation to consultant. tt Submitted by: Prepared by: SHARON Z. WOOD PATRICK J. ALFORD Assistant City Manager Senior Planner Attachments: PSA Amendment No. 5. Newport Dunes PSA Amendment May 24, 1999 page 2 AMENDMENT NO. 5 • PROFESSIONAL SERVICES AGREEMENT Newport Dunes Environmental Impact Report THIS AMENDMENT NO. 4 TO CONSULTANT AGREEMENT, made and entered into this 25th day of January, 2000, 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. On May 24. 1999, an amendment to the AGREEMENT was executed by CITY AND CONSULTANT, hereinafter referred to as "AMENDMENT NO. 2." D. On November 17. 1999 an amendment to the AGREEMENT was executed by CITY AND CONSULTANT, hereinafter referred to as "AMENDMENT NO. 3." E. On January 10, 2000, an amendment to the AGREEMENT was executed by CITY AND CONSULTANT, hereinafter referred to as "AMENDMENT NO. 4." F. CITY and CONSULTANT mutually desire to amend the AGREEMENT, as amended by AMENDMENT NO. 1, AMENDMENT NO. 2, AMENDMENT NO. 3, and AMENDMENT NO. 4, 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, AMENDMENT NO. 2., AMENDMENT 4VO. 3, and AMENDMENT NO.4 1 Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT, as amended by AMENDMENT NO. 1, AMENDMENT NO. 2., AMENDMENT NO. 3, and AMENDMENT NO. 4, shall remain the same and shall be in full force and effect. 2. COMPENSATION TO CONSULTANT Consultant's compensation shall be increased by twelve thousand, nine hundred dollars ($12,900.00) for all work performed in accordance with AGREEMENT, as amended by AMENDMENT NO. 1, AMENDMENT NO. 2, AMENDMENT NO. 3, and AMENDMENT NO. 4 shall not exceed the total contract price of one hundred and fifty -four thousand, nine hundred dollars ($154,900.00). IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 5 on the date first above written. APPROVED AS TO FORM: Robin Clauson Assistant City Attorney ATTEST: LaVonne Harkless City Clerk CITY OF NEWPORT BEACH, a municipal corporation law Homer Bludau City Manager CONSULTANT ma 04 Robert W. Balen LSA Associates, Inc. I