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HomeMy WebLinkAboutS13 - Newport Banning Ranch Development ApplicationCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No.S13 February 8, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department James Campbell, Acting Planning Director 949 -644 -3010, jampbell @newportbeachca.gov SUBJECT: Amendment to Professional Services Agreements with RBF Consulting for Services Related to Newport Banning Ranch Development Application (PA2008 -114) APPLICANT: Newport Banning Ranch, LLC ISSUE: City Council notification of amendment to professional services agreement with costs exceeding $100,000 and paid for by funds in an applicant deposit account. RECOMMENDATION: Receive and file. DISCUSSION: In accordance with Council Policy F -14 (Authority to Contract for Services) prior to its amendment on January 25, 2011, the City Manager was authorized to execute professional services agreements when payment would be from funds in an applicant deposit account. The Manager was required to provide notice of a permit application and a brief description of the proposed project to the City Council when the total cost for services would exceed $100,000. Newport Banning Ranch, LLC has filed an application for a Planned Community Development Plan, Master Development Plan, Zoning Code Amendment, and Tentative Tract Map to allow development of the Banning Ranch property as allowed in the General Plan. The application also requires the approval of an amendment to the City's General Plan Circulation Element and an amendment to the Orange County Master Plan of Arterial Highways (MPAH). The proposed development would include 1,375 PSA with Consulting Firms for Newport Banning Ranch February 8, 2011 Page 2 residential units, 75,000 square feet of commercial use, 75 overnight accommodations, approximately 52.3 acres of parks and approximately 251.6 acres of open space. The City has entered into a professional services agreement with RBF Consulting to provide traffic and engineering services for the Newport Banning Ranch project. Those services include: providing contract traffic engineering and development review services, reviewing the work product of the traffic consultant preparing the EIR traffic report, reviewing transportation and circulation issues associated with the project, reviewing and making recommendations on road alignments, intersection configurations and street sections, coordinating and participating with the OCTA on the amendment to the MPAH, providing technical support in the review of issues related to the applicant's subdivision map application, preparing analyses and reports as required, and monitoring schedules. As the project has advanced, the City has identified additional services, over and above the scope of services approved in the initial agreement and amendments to the agreement, which are required in order to complete the City's review of the project. These additional services include coordination of traffic studies required by OCTA for the MPAH amendment, finalizing the Draft EIR's transportation section, assisting with responses to comments on the Draft EIR, and assisting with preparation of staff reports and other documents for Planning Commission and City Council consideration of the Banning Ranch project. Amendment 3 to the agreement with RBF Consulting was in preparation at the same time as the recent amendment to Policy F -14, and RBF was continuing its work on the project. The City Manager executed the contract amendment prior to Council's approval of the policy amendment, and this report complies with the policy in effect at the time of execution. The contract amendment is attached and the original agreement and earlier amendments are available for review in the Planning Division of the Community Development Department. The original agreement and Amendments No. 1 and 2 were for services to be provided on a "time and expenses" basis in an amount not to exceed $265,000. The amendment for the additional scope of work on a "time and expenses" basis is for an amount not to exceed $84,000 bringing the total contract to an amount not to exceed $349,000.00. Environmental Review: Retention of consultants is not a projected as defined by CEQA. 2 PSA with Consulting Firms for Newport Banning Ranch February 8, 2011 Page 3 Funding Availability: The entire cost of these consulting services will be reimbursed to the City by the applicant, Newport Banning Ranch, LLC. Submitted by: James Campbe I Acting Planning Director Attachment: Amendment No. 3 to PSA with RBF Consulting ;j AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT WITH RBF CONSULTING FOR NEWPORT BANNING RANCH THIS AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT ( "Amendment No. Three "), is entered into as of this 21st day of January, 2011, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and RBF Consulting, a California Corporation whose address is 14725 Alton Parkway, Irvine, California 92618 ( "Consultant"), and is made with reference to the following: RECITALS: A. On June 17, 2009, City and Consultant entered into a Professional Services Agreement ( "Agreement ") for traffic engineering and development review services for the Newport Banning Ranch Project (`Project "). B. On January 12, 2010, City and Consultant entered into Amendment No. 1 to the Agreement to reflect additional services not included in the Agreement, to extend the term of the Agreement, and to increase the total compensation. ( "Amendment No. 1 "). C. On September 17, 2010, City and Consultant entered into Amendment No. 2 to the Agreement to reflect additional services not included in the Agreement, to extend the term of the Agreement, and to increase the total compensation. ( "Amendment No. 2 "). D. City desires to enter into this Amendment No. Three to reflect additional services not included in the Agreement or prior Amendments, to extend the term of the Agreement to December 31, 2011, and to increase the total compensation. E. City and Consultant mutually desire to amend the agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Section 2 of the Agreement, as amended, shall be supplemented to include the Scope of Services dated January 21, 2011, which is attached hereto as Exhibit `A' and Ll incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 2. COMPENSATION The introductory paragraph to Section 4 of the Agreement, as amended, shall be amended in its entirety and replaced with the following: 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 total amended compensation for all work performed in accordance with this Agreement, and all prior amendments, including all reimbursable items and subconsultant fees, shall not exceed Three Hundred Forty Nine Dollars and no /100 ($349,000) without prior written authorization from City ( "Total Amended Compensation "). 2.1 The Total Amended Compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this Amendment No. Three, including all reimbursable items and subconsultant fees, in an amount not to exceed Eighty Four Thousand and no /100 Dollars ($84,000.00), without prior written authorization from City. 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement and all prior amendments shall remain unchanged and shall be in full force and effect. 6 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. Three on the dates written below. APPROVED AS TO FORM: OFFICE F CITY ATTORNEY Date: By - -- _ •. Leonie Mulvihill Assistant City Attorney qqp ATTEST: Date: City Clerk CITY OF NEWPORT BEACH, A Califor is municipal corporation Date: 1 2 By: LL--v Davld,Aj Kiff City Manager CONSULTANT:RBF CONSULTING, a California Corpporation Date: 1- .11 Margit Allen Vice President Planning Date: �• z �. �� By: Douglasol Frost Executive ice President/CFO Attachment: Exhibit A — Additional Services to be Performed Exhibit "A" SCOPE OF SERVICES January 21, 2011 Consultant will provide the following additional services: Consultant will provide additional contract traffic engineering and development review services to the City of Newport Beach in conjunction with processing of the Newport Banning Ranch development. Mike Erickson will function on behalf of the City Public Works Department during the review of the development subdivision map application, coordinating the completion of the traffic report in support of the Newport Banning Ranch EIR, reviewing the work product of the project traffic consultant, reviewing transportation and circulation issues associated with the project, reviewing and making recommendations on road alignments, intersection configurations and street sections, coordinating with OCTA to facilitate processing of amendments to the OCTA Master Plan of Arterial Highways, preparing analyses and reports as required, monitoring schedules and taking actions as are necessary and appropriate to ensure that City - required reviews and actions take place in a timely manner. 7