HomeMy WebLinkAbout11 - Sunset Ridge Park and Marina Park Professional Services Agreements�EwvoRr CITY OF
°� ms NEWPORT BEACH
CqF00.HP City Council Staff Report
Agenda Item No. 11
September 13, 2011
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
David Webb, Deputy Director of Public Works
949 - 644 -3311, dawebb @newportbeachca.gov
PREPARED BY: Michael J. Sinacori, P.E.
APPROVED: � A
TITLE: SUNSET RIDGE PARK AND MARINA PARK PROJECT —
APPROVAL OF PROFESSIONAL SERVICES AGREEMENT
AMENDMENT NO. 3 WITH SCHMITZ & ASSOCIATES
The City entered into a Professional Services Agreement with Schmitz & Associates,
Inc., for Coastal Development Permit (CDP) preparation and processing support
services for the Sunset Ridge Park and Marina Park projects. Additional services are
required for supplemental analyses, meetings, and correspondence to address
California Coastal Commission (CCC) issues.
RECOMMENDATION:
Approve Amendment No. 3 to the PSA with Schmitz & Associates, Inc. (Schmitz) of
Malibu, California for California Coastal Commission application preparation and
processing support services at a cost of $107,211.50, and authorize the Mayor and the
City Clerk to execute the Amendment.
FUNDING REQUIREMENTS:
The current adopted budget includes sufficient funding for this contract. $76,236.50 will
be expended from the Sunset Ridge Park Project account No. 7412- C5100515; and
$30,975.00 will be expended from the Marina Park project account No. 7411- C4002002.
DISCUSSION:
On June 8, 2010, City Council selected Schmitz, to prepare the Coastal Development
Permits (CDP) and assist in processing both the Sunset Ridge Park and Marina Park
projects through the Coastal Commission permit processing. On November 30, 2010,
APPROVAL OF PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO. 3 WITH SCHMITZ &
ASSOCIATES
September 13, 2011
Page 2
and April 22, 2011, the City and Schmitz entered in PSA Amendment No. 1 and 2,
respectively, in response to unexpected issues raised by CCC and State Lands.
Sunset Ridge Park
This project has been moving forward despite hurdles raised by the Banning Ranch
Conservancy (BRC) as well as additional information requested by the CCC staff. The
CCC staff has required the City to produce additional reports, engineering drawings,
conduct numerous site visits and provide other follow -up information to address their
concerns. These requests consumed additional City and project consultant resources,
and resulted in an increase in the scope of services required of Schmitz. In addition to
the efforts necessary to process the CDP for the project, Schmitz worked with the City
in addressing a Notice of Violation issued by the Coastal Commission within the project
site area. Even though the Notice of Violation was for a period that the City did not own
the property, nor did the City cause the alleged violation, it was determined that the City
should take the "High Road" and play an active role in resolving the violation so as to
allow the project CDP application to move forward. This issue was resolved in April
2011, however resolution demanded considerable assistance from Schmitz.
Given the continuing active resistance to the project being displayed by the BRC, staff
anticipates additional meetings, correspondence, and analyses will be needed to
respond to any future issues raised by CCC and /or BRC. It is anticipated that a hearing
on this project could be as early as October 2011.
Marina Park
Schmitz has also been activity engaged in the preparation and filing of the Marina Park
CDP application. Marina Park's CDP application was filed in October 2010. However a
recent boundary dispute with the State Lands Commission required some unanticipated
assistance by Schmitz to engage the Lieutenant Governor's office in resolving the
tidelands boundary. This assistance was necessary as the CCC staff would not further
our CDP permit for this project until a tideland boundary agreement with the State
Lands Commission had been obtained. Neither the issues with the State Lands
Commission nor the additional meetings with CCC staff to move this application forward
were originally anticipated.
The scope of work covered by Amendment No. 3 includes additional CDP application
preparation efforts, public outreach and clarification of misinformation, meetings and
other project avocation efforts.
APPROVAL OF PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO. 3 WITH SCHMITZ &
ASSOCIATES
September 13, 2011
Page 3
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will
not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or
indirectly.
Certified Environmental Impact Reports have been completed and approved for both
Sunset Ridge Park and Marina Park projects.
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Submitted by:
David Webb
Deputy Director of Public Works
Attachment: A. Amendment No.3 to Professional Services Agreement
AMENDMENT NO. THREE TO
PROFESSIONAL SERVICES AGREEMENT WITH
SCHMITZ & ASSOCIATES, INC. FOR
CALIFORNIA COASTAL COMMISSION APPLICATIONS FOR
MARINA PARK AND SUNSET RIDGE PARK
THIS AMENDMENT NO. THREE TO PROFESSIONAL SERVICES
AGREEMENT ( "Amendment No. Three "), is entered into as of this day of
12011, by and between the CITY OF NEWPORT BEACH, a California
Municipal Corporation ( "City "), and SCHMITZ & ASSOCIATES, INC., a California
Corporation whose address is 29350 Pacific Coast Highway, Suite 12, Malibu,
California 90265 ( "Consultant "), and is made with reference to the following:
RECITALS:
A. On July 22, 2010, City and Consultant entered into a Professional Services
Agreement ( "Agreement ") for preparation and processing of the California
Coastal Commission's Coastal Development Permits Applications services for
the Marina Park and Sunset Ridge Park ( "Project ").
B. On November 30, 2010, City and Consultant entered into Amendment No. One
to the Agreement to increase the scope of work and increase the total
compensation ( "Amendment No. One ").
C. On April 22, 2011, City and Consultant entered into Amendment No. Two to the
Agreement to increase the scope of work, increase the total compensation and
update the insurance requirements.
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, 2012, to increase the total compensation and
update insurance requirements.
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. TERM
Section 1 of the Agreement, as amended shall be amended in its entirety and replaced
with the following: The term of the Agreement shall terminate on December 31, 2012,
unless terminated earlier as provided for in Agreement.
2. SERVICES TO BE PERFORMED
Section 2 of the Agreement, as amended shall be supplemented to include the Scope of
Services dated July 26, 2011 which is 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.
3. 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 Thousand, Five Hundred Thirty -Six
Dollars and 50/100 ($300,536.50) without prior written authorization from City ( "Total
Amended Compensation "). No billing rate changes shall be made during the term of
this Agreement without the prior written approval of the City.
3.1 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 One Hundred Seven
Thousand, Two Hundred Eleven Dollars and 50/100 ($107,211.50),
without prior written authorization from City.
4. INSURANCE
Section 4 of the Agreement shall be amended in its entirety and replaced with the
following: Without limiting Consultant's indemnification of City, and prior to
commencement of work, Consultant shall obtain, provide and maintain at its own
expense during the term of this Agreement, policies of insurance of the type and
amounts described below and in a form satisfactory to City.
A. Proof of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this contract.
City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
Consultant shall procure and maintain for the duration of the Agreement
insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the work
hereunder by Consultant, his agents, representatives, employees or
subconsultants. The cost of such insurance shall be included in
Consultant's bid.
B. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A- (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
C. Coverage Requirements.
I. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance (Statutory Limits) and
Employer's Liability Insurance (with limits of at least one million
dollars ($1,000,000)) for Consultant's employees in accordance
with the laws of the State of California, Section 3700 of the Labor
Code In addition, Consultant shall require each subconsultant to
similarly maintain Workers' Compensation Insurance and
Employer's Liability Insurance in accordance with the laws of the
State of California, Section 3700 for all of the subconsultant's
employees.
Any notice of cancellation or non - renewal of all Workers'
Compensation policies must be received by City at least thirty (30)
calendar days (ten (10) calendar days written notice of non-
payment of premium) prior to such change.
Consultant shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of City, its
officers, agents, employees and volunteers.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation, blanket
contractual liability.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
Work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than $1,000,000 combined single limit for each accident.
iv. Professional Liability (Errors & Omissions) Coverage. Consultant
shall maintain professional liability insurance that covers the
services to be performed in connection with this Agreement, in the
minimum amount of one million dollars ($1,000,000) limit per claim
and in the aggregate.
D. Other Insurance Provisions or Requirements.
The policies are to contain, or be endorsed to contain, the following provisions:
i. Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this Agreement shall be endorsed to waive
subrogation against City, its elected or appointed officers, agents,
officials, employees and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance
with these requirements to waive their right of recovery prior to a
loss. Consultant hereby waives its own right of recovery against
City, and shall require similar written express waivers and
insurance clauses from each of its subconsultants.
ii. Enforcement of Contract Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of the City to
inform Consultant of non - compliance with any requirement imposes
no additional obligations on the City nor does it waive any rights
hereunder.
iii. Requirements not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a
limitation on coverage, limits or other requirements, or a waiver of
any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification
only as it pertains to a given issue and is not intended by any party
or insured to be all inclusive, or to the exclusion of other coverage,
or a waiver of any type.
iv. Notice of Cancellation. Consultant agrees to oblige its insurance
agent or broker and insurers to provide to City with thirty (30) days
notice of cancellation (except for nonpayment for which ten (10)
days notice is required) or nonrenewal of coverage for each
required coverage.
E. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Agreement.
F. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
5. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants set forth
in the Agreement as amended 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 dates written below.
APPROVED AS TO FORM:
OFFICFtIF T ITY ATTORNEY
Date: 1 119 , f
Leonie Mulvihill
Assistant City Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A California municipal corporation
Date:
By.
Michael F. Henn
Mayor
CONSULTANT: SCHMITZ &
ASSOCIATES, INC., a California
Corporation
Date:
By:
Donald W. Schmitz, II, AICP
Chief Executive Officer and Chief Financial
Officer
Attachment: Exhibit A — Additional Services to be Performed with.schedule of
billing rates
EXHIBIT A
July 26, 2011
Via Email c/o Michael Sinacori
Dave Webb and Michael J. Sinacori
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
RE: Sunset Ridge Park and Marina Park Projects
Dear Messrs. Webb and Sinacori:
Schmitz & Associates is pleased to continue to have the opportunity to be of assistance to the City
of Newport Beach on the Sunset Ridge Park and Marina Park projects. This correspondence
serves to provide you with a supplemental estimate as requested by you at present for our services
beyond our original contract as approved by the City Council in June of 2010.
Sunset Ridge Park
With the project CDP application deemed complete and a CCC hearing on the Park proposal
upcoming in the next several months, we will work with CCC staff to garner a staff recommendation
of approval and the approval of the Coastal Commissioners. As CCC staff indicated in their Notice
of Complete Determination correspondence that the access alternatives analysis initially submitted
did not address their concerns that there is a superior alternative than that proposed for access to
the Park, we needed to work with City staff in preparing responsive materials. In addition, as the
hearing approaches and the project opponents continue to wage their misinformation campaign,
we are continuing to work with City and CCC staff to address raised issues. Accordingly, additional
meetings with CCC staff and additional responsive analyses and correspondences are necessary.
Activity
Details
Est. Cost of Services
CDP Application Preparation: Due to related enforcement
An additional $4,548.50
$4,548.50*
actions and opposition, additional efforts were undertaken to
previously invoiced
ensure a strong and responsive application submittal and such
efforts went beyond the original estimate.
NOV: Additional efforts to assist with previous CCC hearing on
NOV/ESHA Issue: $887.50
$887.50*
NOV.
CDP Application Processing /CCC Staff Meetings:
An additional $5,189*
$37,689
Coordination with City staff" (including meetings and
previously invoiced
conference calls as requested) to prepare additional analysis of
and
and data /exhibits related to access design and project plan
60 hrs @ $175 1hr plus
revisions. Meetings with CCC staff to present these items.
80 hrs @ $275 /hr
Additional site visits. Assist City in preparing supplemental
responsive submittal items to CCC.
Advocacy Meetings with State Officials and Coastal
An additional $2,361.50*
$31,611.50
Commissioners; Assist City in responding to opposition's
previously invoiced
misinformation campaign about project
and
10 hrs @ $175/hr plus
100 hrs 0 $275 /hr
Reimbursable expenses (travel, reprographics, etc. )
$1,500
Total: 1
$76,236.50
* These items are for activities already invoiced therefore the cost of services for these two items shown represent actual.
'* Assumes City staff will be preparing any necessary engineering plans and calculations.
S {�NMITZ��ASSU(IAT��S IN
HEADQUARTERS - MALIBU OFFICE
29350 PACIFIC COAST Hwy, SUITE 12
MALIBU, CA 90265
TEL: 310.589.0773 FAX: 310.589.0353
SCHMITZ & ASSOCIATES, INC.
REGIONAL - CONEJO VALLEY OFFICE
5234 CHESEBRO ROAD, SUITE 200
AGOURA HILLS, CA 91301
TEL' S'18.338.3636 FAX: 81 R. 338 -3423
Marina Park
We have also been requested to further assist with the pending boundary agreement with State
Lands Commission. In addition, as new Commissioners joined the California Coastal Commission
this summer, we anticipate that additional time will be needed to inform these new Commissioners
of the project's merits and potentially to take them to the site before the hearing. The following
represents- our- - proposed- efforts. _
Activity
Est. Hours
Est. Cost of Services
Meetings with State Lands Commissioners and Governor's
25 @ $275 /hr
$12,875
Office. Includes Sacramento consultant's proposal.
Plus sub -
consultant's $6,000
Preparations with City staff for SLC hearing; includes
10 hrs @ $165/hr
$4,400
coordination with Sacramento consultant and Commissioner's
plus 10 hrs @
offices.
275 /hr
Communications /Meetings with City staff on this matter.
6 hrs @ avg.
$1,200
$200 /hr
Additional time for advocacy communications with Coastal
40 hrs @ $275 /hr
$11,000
Commissioners regarding pending CDP application in light of
new Commissioners joining this summer.
Reimbursable expenses travel, reprographics, etc.
$1,500
Total:
$30,975
Should you have any questions, please do not hesitate to contact us at (818)338 -3636. We thank
you again for this opportunity to be of assistance to the City on these two important projects.
Sincerely,
SCHMITZ & ASSOCIATES, INC.
/Ovv, -��r�,_ jr�f
Donna Tripp
Regional Manager