HomeMy WebLinkAbout12 - Conexant Systems EIRCITY OF NEWPORT BEACH
U COMMUNITY AND ECONOMIC DEVELOPMENT Hearing Date: February 22, 2000
PLANNING DEPARTMENT Agenda Item No.: 12
3300 NEWPORT BOULEVARD Staff Person: James Campbell
NEWPORT BEACH, CA 92658 (949) 644 -3210
(949) 644 -3200; FAX (949) 644 -3250
REPORT TO THE MAYOR AND CITY COUNCIL
SUBJECT: Amendment to a Professional Services Agreement for Planning Consultants
Research, Inc.
SUMMARY: The city contracted with Planning Consultants Research, Inc. (PCR) to
prepare an environmental impact report (EIR) for the Conexant Systems,
Inc. expansion project. Completion of the final EIR requires additional
services by PCR that necessitates an amendment to the agreement, and
additional compensation ($55,558.00).
SUGGESTED
ACTION: Approve the proposed amendment to the professional services agreement
with Planning Consultants Research, Inc. (PCR).
Discussion
On August 24, 1998, the City Council approved a professional services agreement with PCR for the
preparation of an environmental impact report (EIR) for the project. The agreement set the scope of
work and costs for these services at $165,443.00. The scope of work for the contract did not include
the Response to Comments and completion of the Final EIR due to the inability of the consultant or
city to reasonably predict the amount of work for this portion of the project. The amount of work
and its resulting cost can vary widely depending upon the type and amount of comments received.
Now that the comments have been received, the consultant has prepared a proposal which is
consistent with expected workload.
The Planning Department approved an addendum to the agreement on or about November V of
1999. The addendum was necessary to expand the scope of work to accommodate new traffic
analysis related to the Traffic Phasing Ordinance (TPO) and other cumulative impacts. The
addendum for the increased scope of work required additional compensation to the consultant in the
amount of $29,800. This addendum was approved by the staff pursuant to City Council Policy F-
13 that authorizes a Department Director the ability to award a contract if less than $30,000. The
addendum was also lower than twenty five percent (25 %) of original agreement, and therefore did
not require City Council action pursuant to City Council Policy F -3.
On December 16, 1999, the Planning Department received a proposal from PCR outlining the
scope of work necessary for the preparation of the Response to Comments and completion of the
Final EIR. The proposal appears as an exhibit to the attached addendum. Additional traffic analysis
and printing expenses for the Response to Comments and Final EIR are included. The cost of the
proposal is $55,558, and will include all consultant activities through completion of the EIR
process. Further amendments should not be necessary unless the project description changes or
significant new impacts are discovered through the upcoming public hearing process. This request,
along with the previous addendum, exceeds twenty five percent (25 %) of the original agreement,
and is being submitted to the City Council for approval pursuant to City Council Policy F -3 and F-
13. Approval of this amendment to the agreement, which includes the previously approved
addendum, will establish a the new total contract amount at $250,801. The cost of the total
agreement is paid by the applicant.
Submitted by:
SHARON Z. WOOD
Assistant City Manager
Attachments: PCR Amendment No. 1.
Prepared by:
JAMES W. CAMPBELL
Senior Planner
PCR Agreement Amendment
Febmary 22, 2000
Page 2
AMENDMENT NO.1
PROFESSIONAL SERVICES AGREEMENT
Environmental Impact Report for Conxant Systems, Inc.
THIS AMENDMENT NO. 1 to PROFESSIONAL SERVICES AGREEMENT, made and
entered into this 22nd day of February, 2000, by and between the CITY OF NEWPORT BEACH,
a municipal corporation, (hereinafter referred to as "CITY ") and and Planning Consultants
Research, whose address is One Venture, Suite 150 Irvine, California, 92618 (hereinafter referred
to as "CONSULTANT ") is made with reference to the following:
RECITALS:
A. On August 24, 1998, a Professional Services Agreement was entered into by and
between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT" for the
preparation of an Environmental Impact Report.
B. On or about November 1, 1999, CITY and CONSULTANT executed an
addendum to the AGREEMENT under the authority of the Director of Planning,
hereinafter referred to as "ADDENDUM."
C. The ADDENDUM increased and amended the scope of work of the
AGREEMENT and increased the compensation paid to CONSULTANT by twenty nine
thousand, eight hundred dollars ($29,800.00).
D. CITY and CONSULTANT mutually desire to amend the AGREEMENT, as
modified by the ADDENDUM, as provided herein.
NOW, THEREFORE, the parties hereto agree as follows:
1. SERVICES TO BE PERFORMED BY THE CONSULTANT
The scope of services shall remain the same and shall be in full force and effect as set
forth in AGREEMENT, as modified by ADDENDUM, except as expressly modified herein.
1
CONSULTANT shall diligently perform all the duties set forth in the scope of services,
contained in attachment "A" for ADDENDUM attached hereto and incorporated herein by
reference. CONSULTANT shall diligently perform all the duties set forth in the scope of
services, contained in attachment "B" for AMENDMENT NO. 1 attached hereto and
incorporated herein by reference.
2. COMPENSATION TO CONSULTANT
Compensation to the CONSULTANT shall be increased by eighty five thousand, three
hundred and eighty five dollars ($85,385.00) for all work performed in accordance with
AGREEMENT, as amended by ADDENDUM and AMENDMENT NO. 1. Total payment under
the AGREEMENT and ADDENDUM and AMENDMENT shall not exceed the total contract
price of two hundred and fifty thousand and eight hundred and one dollars ($250,801.00).
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1
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
Homer Bludau
City Manager
CONSULTANT
Gregory J. Boughton, President
Planning ConsultantsReasearch, Inc.
' SANT..A M0 ;1CA Los Ai16ELES IRV I: +IE
October 8, 1999
Mr. Marc Meyers
CITY OF NEWPORT BEACH
Planning Department
3300 Newport Blvd.
P.O. Box 1768
R- CEIVEI] BY
PLANNING D= PARTNIENT
CITY 0 r .` P' r- rl
Ah9 OCT 13 10,9] PM
7i819110i1111tii? i2i314i510
Newport Beach, California 92658 -8915
„I
P G`R
Re: Request for Addendum to the Conexant Systems (Rockwell Semiconductor Systems) EIR
Contract Dated August 24, 1998 Between the City of Newport Beach and PCR
Dear Marc:
PCR Services Corporation (PCR) would like to request an addendum of $29,800 for the
Conexant Systems (Rockwell Semiconductor Systems) Environmental Impact Report (EIR) Contract
dated August 24, 1998 between the City of Newport Beach and PCR. Of the requested amount,
$12,800.00 is allocated for WPA Traffic Engineering, Inc. (WPA). The addendum is for the
following additional services that PCR and WPA have and /or will provide outside the scope of the
contract:
• Changes in the scope of work for the traffic analysis as detailed in the attached letter from
WPA.
• Additional research and data collection with respect to the definition of related projects
in the cumulative setting. Included assisting the Public Works Department in obtaining
traffic data from the City of Irvine.
• Additional work effort related to the analysis of the Long Range General Plan condition
with Koll and without Koll for the air quality and noise assessments.
• Additional coordination with and additional time frame related to the review of the
Traffic Study and changes to the traffic section and the noise and air quality assessments
related to the revisions in the scope of work for the Traffic Study. This will include the
revisions to the air quality and noise assessments as required to reflect the City's
comments on the Traffic Study.
Attachment "A"
One Ve.n[ure, Suite 150, Irvine, California 92618 -3328 :-1 -1PIET wvv,,v.pernet.Com 7 L 949.753.7001 vex 949.75 3. 7002
SA7JiA :Vlc:NICA Las AriGELES IEVIr1E
It should be noted that the fee amount of the addendum for PCR provided above is expressed
as an allowance since the work effort cannot be precisely estimated as it is a process that evolves and
is necessarily interactive with the City and the Project Team. Should the actual fee be less than the
budget allowance indicated, the remaining balance will not be billed. Any remaining budget from
this requested addendum will be forwarded to the Phase 2 work effort (preparation of the Response
to Comments document, Final EIR, Certification documents, etc.) which will be requested separately
after we have gained an understanding of the scope of work for the Traffic Study and the potential
issues that may be raised during the public comment period on the Draft EIR.
Please call to discuss any questions that you may have or if you have any requests for revisions
to the above. We look forward to working with you on the completion of this work effort.
Sincerely,
PCR SERVICES CPORATION
OR
/"" , y'�-�
Lauren Jue
Associate Principal
Attachment (1)
One 'denture, Suite 150, Irvine, Caiiiornia 92613 -3326 : rtazr: vnv :v. ?c rcet.COm 949.753.7001 a,, 949.753.7002
Attachment "B"
SCOPE OF SERVICES
Task 4 Preparation of Response to Comments/Final EIR
Subtask 4.1 Preparation of Response to Comments /Administrative Final EIR
Based on discussions with the City staff, PCR will prepare a Response to Comments
document which will respond to all written comments received from agencies, interest groups, and
individuals during the 45 -day public review period for the Draft EIR. In addition, PCR will
prepare an errata section indicating revisions to the Draft EIR based on information received
during the public review period and information provided in the Response to Comments
document.
It is assumed that the Response to Comments document, including the errata section, will
address changes related to the revised Traffic Phasing Ordinance, including revisions to the
November 1999 Traffic Study prepared by WPA Traffic Engineering, Inc. (WPA).
A draft of the Response to Comments document, including the errata section,will be
submitted to the City staff and the Conexant Project Team for review and comment. Based on
comments received, PCR will prepare a revised Response to Comments document for final
approval by City Staff. The revised Response to Comments document and the documents that will
comprise the Administrative Final EIR will be distributed by PCR as directed by the City. In
addition, PCR in coordination with City staff will provide, via certified mail, the Response to
Comments document to commenting agencies for review ten days prior to action being taken on
the proposed project.
Subtask 4.2 Preparation of Certification Documents
PCR will work with City staff to prepare a draft of the required certification documents.
These documents will consist of a Statement of Findings and Facts in Support of Findings and,
if required, a Statement of Overriding Considerations. PCR will submit a draft of these
documents to the City for review and comment. Based on comments received, PCR will revise
and submit these documents to the City for distribution to the appropriate parties.
City of Newport Beach Conexant Ent
PCR services Corporation Page 1 December 17, 1999
q
Attachment A: Scope of Services
Subtask 4.3 Preparation of Final EIR
After action is taken on the project and the EIR is certified as complete and final, PCR will
prepare and submit the Final EIR to the City. PCR will work with the City staff to determine the
number of copies, the type of originals, and the distribution of the Final EIR. PCR will prepare
for City staff review the Notice of Determination and will file the notice with the appropriate
agencies.
Task 5 Meetings and Hearings for Final EIR
PCR and WPA will prepare for and attend meetings related to the Response to Comments
document and the Final EIR and hearings related to the consideration of the approval of the project
and certification of the EIR. The meetings are estimated to consist of: a maximum of three
meetings with the City and the applicant; one Planning Commission Study Session; one Planning
Commission meeting; and one City Council meeting. Additional meetings will be attended on a
time and materials basis.
City of Newport Beach
PCR Services Corporation Page 2
Conexant Eft
December 17, 1999 rx/
U
ATTACHMENT B
BUDGET
The following page provides a not -to- exceed budget estimate for the preparation of the
Response to Comments /Final EIR including revisions to the Traffic Study (Task 4) and meetings
for the preparation of the Response to Comments /Final EIR (Task 5). The total budget estimate
for these tasks as described in the scope of services is $55,558. This includes PCR staff hours,
WPA subconsultant fees (refer to attached letter), direct expenses, and printing. As shown in the
detailed cost estimate, the remaining budget of $4,268.28 (of which $4,137.69 is remaining budget
for WPA and $130.59 is the remaining budget for expenses), will be carried over from the first
phase of the contract. It should be noted that, if at the completion of the scope of services the
actual fees are less than the budget estimate indicated, the remaining balance will not be billed.
The following budget has been prepared prior to the receipt of the comment letters on the
Draft EIR. As such, PCR proposes a budget based on our current understanding of the project
and based on the anticipation that an average number of comment letters will be received
(approximately 20 letters of one to five pages in length). Should the need arise for additional
professional services beyond those set Forth in the scope of services and budget provided herein,
PCR will request from the City written authorization to proceed prior to the initiation of the
additional services. This would include the need for the preparation of additional technical
documentation (e.g., technical documentation related to air quality, noise, or biological resources)
that is required by the City, changes in the project or the regulatory environment, or the need to
respond to a significant number of comment letters or number of comments above those
anticipated.
Invoices will be prepared for the work completed on a monthly basis. For each billing
period, PCR will provide information by subtask for the services performed. PCR reserves the
right to transfer fees between the tasks and subtasks, as appropriate.
Invoiced amounts are due 30 days from the date of the invoice. Traffic subconsultant
invoices will be paid within 30 days of the receipt of payment from the City.
City of Newport Beach
PCR Services Corporation
Page 3
Conexaat EIR
December 17, 1999
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