The URL can be used to link to this page

Home My WebLink About11 - EIP Associates Contract AmendmentCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 11 August 22, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Sharon Wood, Assistant City Manager 949 - 644 -3222, swood @city.newport- beach.ca.us SUBJECT: Amendment to Professional Services Agreement with EIP Associates, Inc. and Budget Amendment RECOMMENDATIONS: 1. Approve and authorize the Mayor and City Clerk to execute the Third Amendment to Professional Services Agreement with EIP Associates, Inc. 2. Approve budget amendment transferring $142,270 from the unappropriated General Fund reserve to account 2710 -8293, General Plan Update. DISCUSSION: Completion of the General Plan update involved more public hearings, plan revisions and responses to comments on the Draft EIR than had been anticipated in the original and amended professional services agreement with EIP Associates, Inc., the primary consultant. For example, the contract assumed 150 comments on the Draft EIR, and we received approximately 420 comments. EIP has requested that the budget be augmented by $103,569 to cover additional costs incurred by them and Urban Crossroads, the traffic sub consultant. An additional $5,250 is requested to prepare the revised land use input for the final run of the traffic model. There are also some reductions where less time was spent on report preparation and coordination meetings. Staff has reviewed the additional costs, and finds them to be reasonable and in keeping with the extra work that was and needs to be done by the consultants. In addition, staff has asked EIP Associates to prepare materials to help inform the community about the General Plan. These materials include a PowerPoint presentation that can be customized for presentations to various homeowner and community groups, a summary of the General Plan that will be mailed to every residential address, and a fact sheet to assist in answering questions. The cost of preparing these materials is $33,451. Amendment to PSA with EIP Associates, Inc. and Budget Amendment August 22, 2006 Page 2 Funding Availability There are not sufficient funds for this amendment in the General Plan Update account, and a budget amendment is needed to transfer $142,270 from the unappropriated General Fund reserve. Alternatives: The City Council could choose not to do the final run of the traffic model, or not to provide information on the General Plan to the community. However, the additional costs to complete the EIR and General Plan must be covered. Submitted by: a&-tf--c� % Sharon Wood Assistant City Manager Attachments: 1. Third Amendment to Professional Services Agreement 2. Budget Augment Request 3. Budget Amendment THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, entered into this 22nd day of August 2006, by and between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to as "City ") and EIP Associates, Inc., whose address is 12301 Wilshire Boulevard, Suite 430, Los Angeles, CA 90025 (hereinafter referred to as "Consultant "), is made with reference to the following: RECITALS A. City and Consultant entered into a Professional Services Agreement for a General Plan Update on June 10, 2003. B. The Professional Services Agreement was amended on August 10, 2004, increasing total compensation to consultant to $1,023,656. C. The Professional Services Agreement was amended on March 28, 2006, increasing total compensation to $1,575,787. D. The Parties desire to amend the agreement to provide for additional public hearings, plan revisions and responses to comments on the Draft Environmental Impact Report, and to prepare public information materials. follows: NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as 1. COMPENSATION TO CONSULTANT Paragraph 3, Compensation to Consultant, is amended to provide that Consultant's compensation for all work performed in accordance with this agreement shall not exceed One Million, Seven Hundred Eighteen Thousand, Fifty -Seven Dollars ($1,718,057.00). 3. NO AMENDMENTS TO REMAINDER OF AGREEMENT All other provisions of the Agreement shall remain in force and effect in their original form. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the day and year first written above. CITY OF NEWPORT BEACH A Municipal Corporation By: Don Webb, Mayor ATTEST: LaVonne Harkless, City Clerk CONSULTANT El Associates, Inc. By: Terri Vitar, Regional Vice President R CH, of N.Vipind Beach General Plan Update PROJECT BUDGET AUGMENT - Aaqu,f 4, 2006 EIP LABOR COST Label Total Spent Remaining; Egiracile 1. Net Commentary, Including factors Affecting Budget Budget 8,2,06 Budget Complete Additional Overruns Budget �777,Rippch;cf 50, 0AJb A.MChMALWORK.T.AWS 1.0 PROJECT ORIENTATION ..... . Subtotal 6,100 i 6,100 0 1 0 10 2.0 BASELINE DATA AND ANALYSES Subma? 120,520 120,520 i 0 ; 0 $0 ?:P. PLANNING ISSUES __ - .... :_ __ . i Subt.'al 6,700 6,700 0 0 $0 0.0 GUIDING PRINCIPLES Subhutoff 8 630 8,630 I 0 0 5.0 LAND USE ALTERNATIVES ...... POI ICY FORMULATION 6.1 Review Eraismiq Policies includ d w/Po icy formulation 6,2 Formulae Plefirmincily Policy 117,365 117.365 1 0 0 _o 6.3 Ppll�121scss;. Ppp�r s 15'm i 15,050 0 -.; 0 Review Policy Options 0 0 0 -0 0 6.5 Si To . li . cies ...... ;,;50 I ...... 0 0 0 Subtotal 147,165 I 147,365 0 0 $0 7.0 IMPLEMENTATION PROGRAMS Subloul 30,850 31,100 I -250 2,500 $2,750 Assumes revisions to be mode by the Planning Commission old City Council 8.0 DOCUMENTATION -$4,550 fictional 36.440 31,890 1 4,550 1 0 Includes Planning Commission Recommendations to the City Council. 9.0 ENVIRONMENTAL IMPACT REPORT 9.1 7,612 7,625 -1-6 -3 0- 3 �.2 5,,cee,hck Draft - 16�,Y63 4 7 637 I 0 0 j- "�"'500 9.3 Public Draft ...... -Comment; .3_21�90 0 0 s .4 Responses ;o 32,340 49,28C7 -li, 940 -7,976 7976 1 Budget estimated 150 comments, in excess of 419 ' ..4- . . received. 9.5 Fine EIR 10,680 11,730 -1,050 1 525 525 Adhdfi�.sxrxul funds to attend multiple all day meetings to - al Fiptesporses 24,905 264898 � �__ .1 6,�3 8Subomf .495 , $8,498 11.0 GP ADOPTION & EIR CERTIFICATION . ..... -Publi, ...... . 577 H'�_a`rip Us 14,775 20,340 1 -5,565 2,200 7,765 Additional 6 feelings, beyond scope. Two remaining for Implementation Measures, Assumes two staff attendance "Prep-0-f-efi-ndings_ .... ...... @ 4 has. 1A.T 5727 1670_; 0 -1,670 ed by City stuff; no PIP 'involvement. 11.3 Revised GP During Public Comment Period (labor since Agri; 3,444 39,098 .35,654 1 0 35,654 Pricianations of multiple revisions during Public I s') comment/herning periods, including land use categories, policies, holdout c alculadons incorporating revised traffic dam for subareas, revised implementation pion and numerous changes to reflect staff, CC, and PC loppri ..... . 11A Preparation of Final GP 3,444 7 31.044 1,444 0 Fin.] revisions per CC approval. Includes firal formatting, including regulation of color images, and . ...... - A :,.term al."--ilears. S.btalg( 24,333 35,105 5,644 i401749 !TOTAL TECHNICAL WORK TASKS $47,447 B. PURIM INVOLVEMENT PROGRAM I 13.0 _COMMUNITY WORKSHOPS i 4-- 14.0 NEWSLETTERS _MAINTENANCE ... .... -1 ------ 15.0 WEB PAGE TOTAL PUBLIC INVOLVEMENT 99,100 85,598 13502 0 .$13,502 C. CITY COORDINATION I i �.15 CPR MEETINGS 2 pricalisigg _S?�S .6,255 0 0 0 17,0 CITY COUNCIL & PLANNING COMMISSION (7 mIgs each, 5 13,140 1 13,140 0 0 0 .... .. 18.0 OTHER CITY COMMISSIONS (4 meetings) ....... .4,920 _0 0 0 19.0 CITY STAFF-CONSULTANT COORDINATION 19.1 Weekly (I hT/w 7 �/2 _�Ws) 12,900-1 2,?()� 6 -2,900 19.1 Recurting Meetings (I month 10 mffis)- 45, 24 ��g i,_000 0 0 25.0 Project Management 64,365 45,064 19,301 19301 0 TOTAL COORDINATION 746,604 100,068 1 22,201 19,301 421900 j7GEOGUPWC INFORMATION SYSTEM TOTAL III_ 88,970 90,557 1 -1,587 2,100 $3,687 Additional hoots ofma revisions !FOFAL WAROR COST $1,774,408 1$1,103,774 E $10,634 $45,366 $34,732 Ell' VIKELT s_U5T5/EXI`EN5N, Travel EP Associates -I 12,519 I 2Z69 -ii- _-24 201 JIlxll ]Eifirraw 4 additional trips .10.4845-F-.Te Cif, of Newppd Beach General Plan Update PROJECT BUDGET AUGMENT - Auguo 4, 2006 PIP Associates Labor Total Spent Remaining Estimate to Net Commentary, Including Factors Affecting Budget Budget 8.1.06 I Budget ; Complete Additional Overruns Budget ReWaducf , 5,853 8,105 1147 i, 19,105 31,351 Enlmated 30 copies b and w weemlwck draft 541 I each, 75 copies of PC version( $130 each), 100 copies of final color version 1$1 ED each). 50 copies of GP on CD ($10 each) and internal copied documents. Invoices not received from vendor for Screencheck 8 following documents. ._. ..... _.... _._. Deliver T, Communications 1,517 1 513 ! 0 50 50 Adapted pion and other docu_menu ..._ _ MatedaB and Supnle 7,000 7000 0 0 _ _ D Subl bl 16,905 19F 91 I 1487 19,356 31.843 Administrative 110% direct cents 1693 1,939 149 2,936 3184 TOTAL EW DIRECT COSTS $19,598 31331 ! .$1736 1 $31,191 $35,027 TOTALESTLMATEDEIPBUDGEi 51,144006 $T,)3ei $7,898 ! $77,658 $69,759 SUBCONTRACTOR BUDGETS (see attachments) A. URBAN CROSSROADS .. .. .. _._ ... _. ... .._ .._. .. ._. _;.__ _ .._. ___ .. .. .__te _.__. 28,650 tabor _. ._.. 190,910 190,9427 0 i 18,650 511 410 to mniplete EIR twb; 55,490 ro <omplere GP heo.ings and meetings; $11,740 to complete EIR 1l ` hearkgs and meetings (NOTE., invoices do nor include .- -- I,u1, 061.,111. Dlrea C';" 6680 6680 O 750 750 Total 301,060 V5,619 0 29,600 $29400 8. APPLIEDOEVELOPMENT ECONdNICS � 80170 801 )0 60,718 , 69718 ]0,55]_.10551_ 10,551 10,552 _ _ 0 Total 0 TOGLSLWCONTRACIORS 381,330 1 245,147 10,552 39,951 $29400 EIP AOMINC:TRADYE FEE 1096 15 d6 510 1d 535 ' 1 055 3 995 d d 10 TOTAL SUBCONTRACTOR COST $627,849 1 $169,881 " $11,607: $43,90 $33,810 A. LABOR COST ...... ._..... _ ._. ._ __ __. _.._.._ . ... ... .... .. -_ _ ___.... _..... . .... _...._. ._ L0 Inpm far Final Traffic Model_ _ _ 0 _ 0_ -.-5,2-5 0 0 _ _ _ _ 1.0 Power Point Presmanmr, _ 0 __ 0 _ _ 0 8,170 _5,150 8070 3.51, -Pact Plan Document 0 0 0 )Sr550 15550 A-.6 Fan ct Sheet 0 _ 0 1,940 5.0_ Coordination _ _ 0 - _0 _I,pd0 0_ _ 5_360, 5.340 Ioml labor Cvsr _0 536,150 B. DIRECT COST S( mt c Sine s tati,rcWda reP.rpducKon cosh)_ _._ _.. _._ �. - _. - -... - -_. ... ._. ..._. .___.. -_ _. .. ... Travel 0 0 0 201 101 Materials and SoppBes O O D 2 ' 1527 2827 ta Tol Direct Costs $1,451 TOTAL POST ADOPTION WORK PROGRAM $38,701 II[TOTALREQUESTEDBUDGETAUGMENT $1,571, 8551$1,373,656 $11,141 1 $89,313 $141,270 PIP Associates City of Newport Beach BUDGET AMENDMENT 2006 -07 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: NO. BA- 07BA -011 AMOUNT: 5142,270.00 Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To increase expenditure appropriations to execute the third amendment to Professional Service Agreement with EIP Associates. Inc. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 010 3605 General Fund - Fund Balance REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Division Account Division Account Signed Signed Signed Number Number Number Number Financial Approval: Administrative Services Director Admini tra ive Approval: City City Council Approval: City Clerk Amount Debit Credit $142,270.00 $142,270.00 Date e- 1 (,-oc-, Date Date Description Division Number 2710 Planning - Administration Account Number 8293 General Plan Update Division Number Account Number Division Number Account Number Division Account Division Account Signed Signed Signed Number Number Number Number Financial Approval: Administrative Services Director Admini tra ive Approval: City City Council Approval: City Clerk Amount Debit Credit $142,270.00 $142,270.00 Date e- 1 (,-oc-, Date Date