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HomeMy WebLinkAbout06 - Project Management Services - Rich EdmonstonCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 6 March 10, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum 949 - 644 -3311 orsbadum @city.newport- beach.ca.us SUBJECT: APPROVAL OF AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH RICHARD EDMONSTON FOR PROJECT MANAGEMENT SERVICES RECOMMENDATION: Approve Amendment No. 3 to Professional Services Agreement with Richard Edmonston, of Huntington Beach, California, for project management at a not to exceed price of $15,500 and authorize the Mayor and City Clerk to execute the Agreement. DISCUSSION: On February 27, 2007 the City Council approved a Professional Services Agreement with Richard Edmonston for project management services. Mr. Edmonston, the former Transportation and Development Services Manager, retired from the City on December 31, 2006, and was hired back as a part-time consultant to work on several tasks to aide in backfilling his former position. The City Council approved an amendment to this agreement at its January 8, 2008 meeting adding additional services and time to the agreement. Subsequently, the agreement was amended on August 18, 2008 to extend the term. Mr. Edmonston's scope of services included updating the Fair Share Fee program for compliance with the new General Plan; finalizing the Traffic Signal Master Plan Replacement Program; preparing a procedures manual for traffic study guidelines; assisting staff with the ongoing traffic signal timing updates and Traffic Signal Modernization project; preparing a traffic and development policy and procedures manual; rewriting and updating Chapter 12 of the City's Municipal Code; and providing miscellaneous staff assistance with complex ongoing projects such as review of impacts from City of Irvine development in the Irvine Business Complex (IBC) and analysis of traffic impacts of development transfers in the Newport Center area. Several of these tasks required unanticipated levels of complexity from the original scope of services and has prolonged the required time for completion. In particular, the development community had many comments on the Fair Share Fee, and Irvine has Approval of Amendment No. 3 to Professional Services Agreement with Richard Edmonston for Project Management March 10, 2009 Page 2 recently provided a draft traffic study for the IBC Vision Plan for our review. Mr. Edmonston is requesting an additional 155 hours to complete the remaining tasks and to extend the term of the agreement to June 30, 2009. The proposed hourly rate will remain at $100 per hour for a not to exceed cost of $15,500. Per City Council Policy F -20, City Council approval is required for all temporary contracts with former City employees. Funding Availability: Upon approval of the recommended Budget Amendment, sufficient funds are available in the following account for the project: Account Description Transportation and Development Services Professional and Technical Submitted by: rks Director Attachment: Amendment No. 3 Account Number 5200 -8080 Total: Amount $15,500 $15,500 AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH RICHARD M. EDMONSTON FOR TRAFFIC PROJECT MANAGEMENT THIS AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this day of 200, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "CITY "), and RICHARD M. EDMONSTON an individual, whose address is 8792 Gallant Drive, Huntington Beach, California 92646 ( "CONSULTANT"), and is made with reference to the following: RECITALS: A. On February 27, 2007, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT ", for Traffic Improvement Project Management services for the City's Capital Improvement Projects, hereinafter referred to as "PROJECT ". This Agreement expired on June 30, 2007. B. CITY and CONSULTANT have entered into two separate Amendments of the AGREEMENT, the latest dated August 18, 2008. C. CITY desires to enter into this AMENDMENT NO. THREE to reflect additional services not included in the AGREEMENT or prior AMENDMENTS and to extend the term of the AGREEMENT to June 30. 2009- D. CITY desires to compensate CONSULTANT for additional professional services needed for PROJECT. E. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. THREE ", as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. In addition to.the services to be provided pursuant to the AGREEMENT and AMENDMENT NOS. ONE and TWO, CONSULTANT shall diligently perform all the services described in AMENDMENT NO. THREE including, but not limited to, all work set forth in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 2. 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 attached to the AGREEMENT. Consultant's compensation for all work performed in accordance with this AMENDMENT NO. THREE, including all reimbursable items and subconsultant fees, shall not exceed Fifteen Thousand Five Hundred Dollars and no/100 ($15,500.00) without prior written authorization from City. 3. The term of the AGREEMENT shall be extended to June 30, 2009. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. THREE on the date first above written. APPROVED AS TO FORM: .'. C (� Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: M Leilani Brown, City Clerk Attachments: Exhibit A — Scope of Services CITY OF NEWPORT BEACH, A Municipal Corporation By: Mayor for the City of Newport Beach CONSULTANT: MA (Corporate Officer) Title: Print Name: By: (Financial Officer) Title: Print Name: F iu serslcaAsha redlCon tract-remplatesPublishedon Intraneff ORMPSAAmendment.d oc Richard M. Edmonston, PE 8792 Gallant Drive Huntington Beach, CA 92646 (714) 720-1556 February 10, 2009 Stephen G. Badum Public Works Director City of Newport Beach PO Box 1768 Newport Beach, CA 92658 -8915 Subject: Amendment to Professional Services Agreement Dear Mr. Badum: I am proposing that the Professional Services Agreement (PSA) that was approved by the City Council on February 27, 2007 be amended again to extend the termination date and provide a small amount of additional funding to complete the projects covered by the agreement. The first amendment was approved in early 2007 and a second amendment was approved in 2008 which extended the termination date. At the time of the second amendment it was agreed we would wait to amend the budget until we had a clearer picture of certain tasks. The original Scope did not anticipate time specifically for addressing the City's concerns related to the residential development in the IBC area of the City of Irvine or to help analyze proposals for the residential units allowed in the airport area under Newport Beach's new General Plan. A line item and budget amount was established in Amendment No. 1 for this, but the work has exceeded the budgeted hours. Approximately twenty (20) hours beyond the number budgeted have been needed to complete the work performed to date. The City has asked me to be involved in the review of Irvine's IBC Vision Plan Transportation Study which includes a significant portion of Newport Beach within the study area. I anticipate this effort will require twenty -four (24) hours of additional time. The Fair Share Fee Update task has taken considerably longer than initially thought and likely will not be completed for another Wo to three months. It is anticipated that the Update will be presented to the General Plan Implementation Committee next month and will likely go to the City Council in March or April based upon the current schedule. As of the year end, this task had required eighty -two (82) hours. more work than budgeted and I estimate an additional twenty -three (23) hours will be required to prepare the final staff reports and attend the various meetings with the BIA, General Plan Implementation Committee, and City Council. The rewrite of Chapter 12 of the Municipal Code is nearly complete. It is scheduled to be reviewed by the Traffic Affairs Committee this month with submittal to City Council in February. At this time the existing budgeted hours have been fully used and an additional six (6) hours should cover the remaining tasks including preparation of the Council memo and accompanying ordinances and resolutions. All other project tasks will be completed within the existing budgeted number of hours. In reviewing the remaining work I believe the PSA should be amended to provide a termination date of June 30, 2009. Additional funding of $15,500 is requested based on the additional hours needed by the Fair Share Fee Update, Airport Area residential development, and finalizing the Rewrite of Municipal Code Chapter 12. Sincerely, Ri hard M. Lonston, PE