HomeMy WebLinkAbout11 - Amendment PSA for Environmental Services Related to the Newport Village Mixed -Use Project (PA2022-0166)Q �EwPpRT
c
9C/FOR
TO:
CITY OF
NEWPORT BEACH
City Council Staff Report
December 10, 2024
Agenda Item No. 11
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Assistant City Manager/Community Development
Director - 949-644-3232, sjurjis@newportbeachca.gov
PREPARED BY: Liz Westmoreland, AICP, Principal Planner - 949-644-3234,
Iwestmoreland@newportbeachca.gov
TITLE: Amendment No. Four to the Professional Services Agreement with
Psomas for Environmental Services Related to the Newport Village
Mixed -Use Project (PA2022-0166)
ABSTRACT:
For the City Council's consideration is the approval of Amendment No. Four to the
Professional Services Agreement (PSA) with Psomas for environmental consulting
services related to the Newport Village Mixed -Use Project located at 2000-2244 West
Coast Highway and 2001-2241 West Coast Highway on Mariners' Mile. The current PSA
will expire on December 31, 2024; however, the project is still under review and the scope
of work has not been completed. An extension of the termination date by one year to
December 31, 2025, is requested to complete the project.
Importantly, all costs associated with the agreement are paid by the applicant and there
are no costs paid by the City of Newport Beach.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Approve Amendment No. Four to the Professional Services Agreement with Psomas
for Environmental Impact Report for Newport Village Mixed -Use Development to
extend the termination date to December 31, 2025, and authorize the Mayor and City
Clerk to execute the Amendment.
DISCUSSION:
In December 2017, the Newport Village project, a mixed -use development encompassing
approximately 9.4 acres on the north and south sides of West Coast Highway in the
Mariners' Mile corridor, was submitted to the Planning Division for review (hereafter
"Newport Village"). The City determined that an environmental impact report (EIR) would
be required to fulfill the requirements of the California Environmental Quality Act (CEQA)
and prepared a request for proposals (RFP) to contract with an environmental consulting
firm. Five proposals were received.
Amendment No. Four to the Professional Services Agreement with Psomas for
Environmental Services Related to the Newport Village Mixed -Use Project
December 10, 2024
Page 2
In October of 2019, the City executed a PSA with Psomas for Newport Village in an
amount not to exceed $389,501. Psomas was selected based on the firm's qualifications,
experience and competitive cost to prepare the environmental impact report and
Kimley-Horn was selected as a subconsultant under Psomas' contract to prepare the
required traffic study.
In November 2020, the City Council approved Amendment No. One to the PSA to include
an additional scope of work for Urban Crossroads to prepare a vehicle miles traveled
analysis at a cost of $13,300. The not -to -exceed amount in the agreement was increased
to $402,801. The Applicant submitted payment for the full cost of the contract.
In November 2021, the City Council approved Amendment No. Two to update insurance
requirements and extend the term of the agreement an additional year, through
December 2022.
In March 2022, the original project was withdrawn and a new application for a revised
project was submitted in August 2022. The project was revised to incorporate affordable
housing with a density bonus, an increase in the total number of dwelling units from
122 to 198, and a reduction in the nonresidential floor area, as well as other minor
changes to the design and site plan.
Accordingly, in November 2022, the City Council approved Amendment No. Three to the
PSA to increase the contract amount to $555,111 to address the increased scope of work
based on changes to the project.
Psomas has continued its work pursuant to the approved scope of work and there is no
request to increase the contract amount; however, there have been technical design
challenges and additional time is needed to complete the project. The project is
anticipated to be reviewed by the Planning Commission in the second half of 2025.
FISCAL IMPACT:
There is no fiscal impact related to this item. The applicant has reimbursed the City for
the full cost of the agreement and no changes to the compensation are proposed
currently.
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.
11-2
Amendment No. Four to the Professional Services Agreement with Psomas for
Environmental Services Related to the Newport Village Mixed -Use Project
December 10, 2024
Page 3
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).
ATTACHMENT:
Attachment A — Amendment No. Four to Professional Services Agreement with Psomas
11-3
Attachment A
Attachment A — Amendment No. Four to Professional Services Agreement with Psomas
11-4
AMENDMENT NO. FOUR TO
PROFESSIONAL SERVICES AGREEMENT
WITH PSOMAS FOR
ENVIRONMENTAL IMPACT REPORT (EIR) FOR NEWPORT VILLAGE
MIXED -USE DEVELOPMENT
THIS AMENDMENT NO. FOUR TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. Four") is made and'entered into as of this 10th day of December, 2024
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
Municipal corporation and charter city ("City"), and PSOMAS, a California corporation
("Consultant"), whose address is 865 S. Figueroa Street, Suite 3200, Los Angeles,
California 90017, and is made with reference to the following:
RECITALS
A. On September 24, 2019, City and Consultant entered into a Professional Services
Agreement ("Agreement") for environmental services for the Newport Village
Mixed -Use Development ("Project").
B. On November 23, 2020, City and Consultant entered into Amendment No. One
("Amendment No. One") to reflect additional Services not included in the
Agreement, and to increase the total compensation.
C. On ' November 1,i 2021, City and Consultant entered into Amendment No. Two
("Amendment No. Two") to extend the term of the Agreement to December 31,
2022, and to update the Insurance Requirements (Exhibit C) to the Agreement.
D. On November 29, 2022, City and Consultant enter into Amendment No. Three
("Amendment No. Three") to amend the Notices section of the Agreement, extend
the term of the Agreement to December 31, 2024, revise the Scope of Services
and Schedule of Billing Rates, and to increase the total compensation.
E. The parties desire to enter into this Amendment No. Four to extend the term of the
Agreement to December 31, 2025.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1.' TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2025, unless terminated earlier as set forth herein."
PSOMAS Page 1 11-5
2. 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.
3. RECITALS
City and Consultant acknowledge that the above Recitals are true and correct and
are incorporated herein by this reference.
[SIGNATURES ON NEXT PAGE]
PSOMAS Page 2 11-6
IN WITNESS WHEREOF, the parties have caused this Amendment No. Four to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: I I 1�-t-t-
By:
Aaron CV14arp
City Atto ` ey �Zolzy
ATTEST:
Date:
in
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Bv:
Will O'Neill
Mayor
CONSULTANT: PSOMAS, a California
corporation
Date:
M
Jim Hunter
Vice President
Date:
By:
Chad Wilson
Secretary
[END OF SIGNATURES]
PSOMAS Page 3 11-7