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HomeMy WebLinkAbout06 - PSA with BonTerra for Banning Ranch EIR�EwapRr CITY OF NEWPORT BEACH City Council Staff Report Agenda Item No. 6 May 22, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Kimberly Brandt, AICP, Director 949 - 644 -3226, kbrandt(aDnewportbeachca.gov PREPARED BY: Patrick J. Alford APPROVED: " 01 � TITLE: Amendment to the Professional Services Agreement with BonTerra Consulting for the Preparation of the Environmental Impact Report for the 401 -acre Newport Banning Ranch Project Generally Located Between the 4900 -5200 Block of West Coast Highway and Western Terminus of 19th Street ABSTRACT: Community Development staff requests approval of an amendment to the professional services agreement, including a $256,055.00 budget augment, with BonTerra Consulting for environmental consulting services for the preparation of an environmental impact report for the proposed Newport Banning Ranch project. RECOMMENDATION: Approve the amendment to the Professional Services Agreement (Attachment A) and authorize the Mayor and City Clerk to execute the Agreement. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. The entire cost of these consulting services will be reimbursed to the City by the applicant, Newport Banning Ranch, LLC. DISCUSSION: In accordance with Council Policy F -14, City Council approval is required to amend a contract approved by the Council if the total cost of services exceed 125 percent of the original contract amount, or increase the original contract by more than $120,000. Newport Banning Ranch, LLC has filed an application for a 401.1 -acre planned community with 1,375 residential dwelling units, a 75 -room resort inn, 75,000 square feet 1 BonTerra PSA Amendment May 22, 2012 Page 2 of commercial uses, approximately 51.4 acres of parklands, and approximately 252.3 acres of permanent open space. The project requires the preparation of an environmental impact report (EIR). In March, 2009, the City had entered into a professional services agreement with BonTerra Consulting for preparation of an EIR for the project. This agreement, amended, was for an amount not to exceed $1,842,074.58 and expired in February, 2011. In April, 2011, the City Manager approved a new professional agreement with BonTerra Consulting that increased the total contract amount not to exceed $2,271,155.48. This new agreement was necessary to authorize services over and above the scope of services approved in the initial agreement and subsequent amendments. These services included incorporation of the Community Park as a part of the project -level entitlements for the project; updated traffic analyses necessitated by court rulings; and new air quality, air toxics, and greenhouse gas emissions analyses based on the new state models. The proposed amendment includes a budget augment in the amount of $256,055.00, bringing the amount not to exceed for this agreement to $685,135.90 and the total for the entire EIR project to $2,527,210.48. This augment is required to cover the cost of additional services that were not anticipated in the 2011 Professional Services Agreement. These additional costs are attributable to the following tasks, which were not provided for in the previous scope of work: Team Meeting and Public Meeting Attendance. Additional team meetings and participation at Planning Commission study sessions were required. The budget augment includes the additional meetings and hearings attended to date as well as anticipated future Planning Commission and City Council hearings. Draft EIR. Additional work efforts included, but were not limited to, modifications to limits of disturbance areas which required impacts to biological resources to be recalculated, and the EIR section and technical report to be revised; modifications to EIR sections to reconcile the EIR with changes to the draft Master Development Plan and Planned Community Text; additional internal review cycles; changes in land use statistics which required modifications to all sections of the EIR; as well as additional changes to park assumptions, City service assumptions, and affordable housing assumptions. Finally, as a time- saving measure, BonTerra published, noticed, and distributed the Draft EIR. It was originally anticipated that the City would be responsible for these tasks. Preparation of Responses to Comments. The City received approximately 158 comment letters and held one Study Session during the 60 -day public review period. The preparation of responses to these comments required extensive effort due to on the number and complexity of the comments. Also, the original budget did not include reproduction or distribution costs for the responses. Mitigation Monitoring and Reporting Program. The drafting of the Mitigation, Monitoring, and Reporting Program (MMRP) was not included in the original 2 BonTerra PSA Amendment May 22, 2012 Page 3 scope of work. At that time, it was determined that there were too many unknown factors to provide an accurate estimate for this task. Also, should the Planning Commission or City Council modify the project and /or recommend changes to the conditions of approval /mitigation measures, revisions to the MMRP would be required. • Findings of Fact. The drafting of the Findings of Fact was not included in the original scope of work. At that time, it was not known if significant, unavoidable environmental impacts would be identified. Due to this uncertainty and other unknown factors, an accurate estimate for this task was not possible. Also, should the City modify the project or recommends an alternative to the project, revised Findings of Fact and incorporating the Statement of Overriding Considerations for the project would be required. • Traffic Studies. Urban Crossroads and Kimley -Horn and Associates analyzed various traffic scenarios based on comments received on the Draft EIR and in support of the Cooperative Study with the cities of Costa Mesa and Huntington Beach required for the future OCTA Master Plan of Arterial Highways Amendment. The consultants also attended project team meetings, and public meetings and hearings. This additional work effort was not assumed in previous scopes of work. ENVIRONMENTAL REVIEW: The retention of consultants is not a project as defined by California Environmental Quality Act (CEQA). NOTICING: 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: i Kimberly Brandt, Al Director Attachments: A. Amended Professional Services Agreement with BonTerra Consulting 3 4 City Council Attachment A Amended Professional Services Agreement with BonTerra Consulting 0 AMENDMENT NO.ONE TO PROFESSIONAL SERVICES AGREEMENT WITH BONTERRA CONSULTING LLC FOR ENVIRONMENTAL SERVICES RELATED TO NEWPORT BANNING RANCH DEVELOPMENT THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ( "Amendment No, One "), is entered into as of this day of May, 2012, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and BONTERRA CONSULTING, LLC, a California limited liability company whose address is 151 Kalmus Drive, Suite E -200, Costa Mesa, California, 92626 ( "Consultant'), and is made with reference to the following: RECITALS: A. On April 26, 2011, City and Consultant entered into a Professional Services Agreement ( "Agreement ") for Environmental Services for the Banning Ranch Development ( "Project'). B. City desires to enter into this Amendment No. One to reflect additional Services not included in the Agreement to extend the term of the Agreement to December 31, 2012 and to increase the total compensation. C. 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, shall be amended in its entirety and replaced with the following: The term of the Agreement shall commence on April 26, 2011.and shall terminate on December 31, 2012, unless terminated earlier as provided for in the Agreement. 2. SERVICES TO BE PERFORMED Section 2 of the Agreement, shall be supplemented to include the Scope of Services dated April 25, 2012, 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 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 7 and the Schedule of Billing Rates attached to the Agreement as Exhibit B and supplemented by the Fee estimate attached as Exhibit B to this Amendment No. One, and incorporated herein by this reference. Consultant's total amended compensation for all work performed in accordance with this Agreement including all reimbursable items and subconsultant fees, shall not exceed Six Hundred Eighty Five Thousand One Hundred Thirty Five Dollars and 90/100 ($685,135.90) 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. One, including all reimbursable items and subconsultant fees in an amount not to exceed Two Hundred Fifty Six Thousand Fifty -Five Dollars and no /100 ($256,055.00) without prior written authorization from City. 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] BONTERRA CONSULTING, LLC Page 2 q IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. One on the dates written below. APPROVED AS TO FORM: CITY AT NEY'S OFFICE Date: AarOnC. Harp City Attorney ATTEST: Date: By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A California municipal corporation Date: By: Nancy Gardner Mayor CONSULTANT: BONTERRA CONSULTING, LLC, a California limited liability company Date: By: Joan P. Kelly Managing Member [END OF SIGNATURES] Attachments: Exhibit A — Additional Services to be Performed Exhibit B — Fee Estimate c: \documents and settings \kparker \local settings \temporary internet files\ content .outlook \mynsgj0a \bonterra banning ranch psa amt 042012.docx 11.29.11 BONTERRA CONSULTING, LLC Page 3 I C O 14 S II L 1' 1 1.1 G April 25, 2012 2. L:!aculi•:a Cif(Ar- Suile, U$ Ilvinn. C.A 921,14 1:17141.144/ l%9 I: IJi•11•I.14-9599 I ..�.v:.9olllo,«.rn«sonhr�.wm ��CI:IVI.p R +• COMMIINi ry APR 2 G 2012 Q D13VHLOPMI4NY s VIA EMAIL AND MAIL Mr. Patrick Alford �.. < Planning Manager Qk 141 -WPONO PAlfor(l@iiowl)ortl)oqclica.gov City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92.663 Subject: Newport Banning Ranch Project Consulting Services Dear Mr. Alford: Thank you for the opportunity to continue to work with the City of Newport Beach on the Newport Banning Ranch Project. As a part of the City's Project Team for the Newport Bantling Ranch Project, BonTerra Consulting has been assisting the City in the preparation of California Environmental Quality Act (CEQA) documentation and supporting planning documentation for the proposed Project. At this tine, we are requesting a budget augment associated with tasks completed at the direction of the City as well as the anticipated tasks associated with completion of the work efforts for the proposed project. It is important to note that a component of the requested budget augment is needed because, with the approval of the City, the BonTerra Consulting Project Team, has been allowed to reallocate task budgets within the overall budget to provide additional work efforts necessary to complete the Draft EIR. This reallocation allowed us to continue working on the Project with the City. Please fool free to contact me should you have any questions. Sincerely, BONTEFIgA CONSU TING Dana C. Privitl, AICP Principal Exhibit A: Scope of Work Exhibit B: fees H.IP10;ccbINW6l A10 WICOOICISL COSVw941=nl Hann'n9 Han<F. 042512.do" ENVI11ON11GNI'AL PLANNING I KPIS( 1IRCL iNIANAGI'MI NT 10 r I. ENVI11ON11GNI'AL PLANNING I KPIS( 1IRCL iNIANAGI'MI NT 10 Nowpotl Banning Ranch Pto /acl EXHIBIT A NEWPORT BANNING RANCH SCOPE OF WORK Team Meeting and Public Meeting Attentlnnce. Attendance at and participation in Project meetings including but not be limited to meetings with City staff and the Applicant's Project team. Attendance at and participation in Planning Commission Study Sessions and Planning Commission and City Council Public Hearings. Support for City staff on these efforts. This includes meetings and hearings attended to date as well as future Planning Commission and City Council hearings. 0 Ongoing Project Management, This includes costs incurred to date as well as additional anticipated costs associated with management of the Project team and assistance provided to City staff. Draft EIR. As previously noted, additional funds were required to complete the Draft EIR; as such, funds were reallocated from other tasks. Additional work efforts included but were not limited to modifications to limits of disturbance areas which required impacts to biological resources to be recalculated and the EIR section and technical report to be revised; modifications to EIR sections to reconcile the EIR with changes to the draft Master Development Plan and PC Text; additional review cycles; changes In land use statistics which required modifications to all sections of the EIR; as well as additional changes to park assumptions, City service assumptions, and affordable housing assumptions. All costs associated with the reproduction and distribution of the Draft EIR and notices was also reallocated from other tasks as this was not assumed in Our 2011 scope. Preparation of Responses to Comments. BonTerra Consulting, with assistance from the technical team members, prepared written responses to all comments received on the Draft EIR. The City received approximately 1513 comment letters and held one Study Session during the 60 -day public review period. BonTerra Consulting was responsible for the review all comments (letters, transcripts, etc.) on the Draft EIR submitted to the City from the State Clearinghouse and other parties. We reviewed, organized, and bracketed the comments; assigned responsibilities to team members for responding to continents; ensured that the responses were received; reviewed all team input for adequacy; incorporated all input from the team into the response to comments document. The preliminary draft responses to comments were provided to the City for an interim review; several meetings and submittals were provided based on the completion of additional responses and revisions to the responses to comments document. The responses have been compiled Into a stand -alone document that will include an introduction, a list of all parties providing comments, copies of all comments, responses to the comments, and a list of clarifications and revisions to the Draft EIR. Extensive effort was expended based on the number and complexity of the comments; the original budget also did not include reproduction or distribution costs. This work effot has been completed. Mitigation Monitoring and Reporting Program. To comply with Section 21081.6 of the California Public Resources Code, BonTerra Consulting has prepared a Mitigation Monitoring and Reporting Program (MMRP) for adoption at the time of certification of the Final EIR, The MMRP will be designed to ensure compliance with adopted mitigation requirements during Project implementation and will include mitigation measures, Project design features, and standard conditions/requirements as identified In the Final RIIPm;CCl9koa�011V0151CGnlmtls A COSNugmem o Wq IuNh 01251um A-1 Scope of Work 11 Newport Banning Ranch Project EIR. The MMRP is prepared in a matrix formal and provides the timing, implementing agency, and agency responsible for verification of the Mitigation Program. A draft MMRP was submitted for review by the City; revisions were made based on Project team comments. BonTerra Consulting has prepared the MMRP for review by the Planning Commission and adoption by the City Council. The MMRP was prepared at the same time as the Responses to Comments document. If the Planning Commission and /or City Council modify the Project and /or recommend changes to the conditions of approval /mitigation measures for the proposed Project, BonTerra Consulting will revise the MMRP. This task was not identified in previous scopes of work. Findings of Fact BonTerra Consulting, In coordination with the City staff and legal counsel, is preparing draft Findings of Pact and incorporating the Statement of Overriding Considerations for the Project for consideration by the Planning Commission. BonTerra Consulting will prepare the findings for adoption by the City Council. If Ilia City Council modifies the Project or recommends an alternative to Ilia Project, Bon Terra Consulting will revise the findings. The findings of fact are under preparation at this time. Urban Crossroads has provided modeling support to the City associated with the proposed Orange County Master Plan of Arterial Highways (OCTA) Amendment study analysis and the Responses to Comments document. This additional work effort was not assumed in previous scopes of work. U Kimley -I -lour and Associates has provided technical traffic analysis for various traffic scenarios based on comments provided on the Draft EIR and in support of the (OCTA) Amendment study, as well as attendance at project team meetings and public meetings and hearings. This additional work effort was not assumed in previous scopes of work. 11.\ Pm;o nSkan W, 1VOISlCmnmelsPCOSIMgmenleann 'rgnarch U12512.dXV A -2 scope of 12 Newport Denning Hunch ProlOct EXHIBIT B NEWPORTBANNING RANCH FEE ESTIMATE Professional Fees Project Meetings, Study Sessions, and Public Hearings $30,000.00 Project Management $2.0,750.00 Responses to Comments $100,000.00 Mitigation Monitoring and Reporting Program $6,400.00 Findings of Fact $25,000.00 Notices $500.00 SubtotalProtessional Fees $190,650.00 Subconsultant Fees Kimley -Horn and Associates, Inc. (traffic analysis) $24,200.00 Urban Crossroads (traffic modeling) $12,300.00 Court Reporter $600.00 Subconsultant Administration $3,710.00 Subtotal Subconsultant Fees $40,010.00 Estimated Direct Expenses Postage, Delivery, Mileage $500.00 Reproduction $0,500.00 Project Team Meals and Supplies $400.00 Filing Fees: NOD and CDFG $3,000.0 0 Subtotal Direct Expenses $12,400.00 TOTAL FEE ESTIMATE $243,060.00 Contingency Fee $12,195.00 TOTAL FEE ESTIMATE WITH CONTINGENCY $256,055.00 RM,0;01t%W prnV0 151COIrads 3 C0sNuOrren1 eann!rg NmO 012512ANA B -1 Fees 1-71