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HomeMy WebLinkAbout05 - CEQA Documents for West Coast Hwy at Dover Drive ProjectCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 5 April 11, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Patty Temple, Planning Director 949/644 -3228 ptemple @city.newport- beach.ca.us SUBJECT: Amendment to Professional Services Agreement for preparation of CEQA documents for a project on West Coast Highway at Dover Drive RECOMMENDATIONS 1) Approve an Amendment to the Professional Services Agreement with RBF Consulting of Irvine, California, for additional work required in conjunction with preparation of an Initial Study and Mitigated Negative Declaration for an additional amount not to exceed $5,795; and 2) Authorize City Manager to sign Agreements. DISCUSSION In July 2004, City Council approved a Professional Services Agreement with RBF for $64,540 for preparation of appropriate environmental documentation for the proposed Mariner's Mile Gateway project at West Coast Highway and Dover Drive. Due to subsequent changes to the project and expiration of the original Agreement, a new agreement including Scopes of Work of both the original agreement and of an Amendment for additional work in the amount of $46,455 was approved by City Council on October 25. 2005. On January 24, 2006, an Amendment to the new agreement was approved by City Council for preparation of a conceptual roadway plan for West Coast Highway at a cost of $10,500. RBF has requested a final Amendment to the agreement in the amount of $5,795 to cover the costs for providing written responses to comments received on the Mitigated Negative Declaration and for additional copies of the Mitigated Negative Declaration and Technical Appendices. Since written responses are not required by PSA for RBF Consulting April 11, 2006 Page 2 law, this task was not included in the previous Scope of Work and was subsequently completed at the request of City staff. A Scope of Work and a Schedule of Compensation for preparation of Responses to Comments and for additional copies of the Mitigated Negative Declaration (MND) and Technical Appendices are included in "Amendment No. 2 to Professional Services Agreement' (Attached). Associated costs are as follow: Response to Comments Additional MND Copies (30 hours for 27 responses $3,000 plus technical memoranda) 15 @ $25 each Additional Technical Appendices 22 @ $110 each Amendment No. 2 Total 375 2,420 $5,795 The fees for the additional hours and additional document copies have been reviewed by staff and are considered appropriate and warranted. Funding Availability The cost for work performed under the original Professional Services Agreement and for work performed consistent with this Amendment to the Professional Services Agreement are the responsibility of the applicant, Allied Retail Partners. Submitted by: Prepared by: PATRICIA TEMPLE Planning Director AVID PO Hogle- Ireland, Inc. Project Planner Attachments: 1. Draft Amendment No. 2 to Professional Services Agreement AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH RBF CONSULTING FOR CECIA DOCUMENTS FOR PROJECT ON WEST COAST HIGHWAY AT DOVER DRIVE THIS AMENDMENT is made and entered into as of this 11th day of April, 2006, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and RBF CONSULTING, a corporation, whose address is 14725 Alton Parkway, Irvine, California 92618 ( "Consultant "), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. On July 26, 2004, City and Consultant entered into a Professional Services Agreement ('Initial Agreement') for preparation of a mitigated negative declaration and other environmental documents in accordance with the California Environmental Quality Act for the project located at the northwesterly corner of Dover Drive and West Coast Highway in Newport Beach, California, and after expiration of that agreement, City and Consultant on October 25, 2005, entered into a successive Professional Services Agreement ( "Agreement') including tasks from the initial Professional Services Agreement and additional tasks for completion of the mitigated negative declaration, and on January 24, 2006, City Council approved an amendment ( "Amendment No. 1 ") to the agreement of October 25, 2005, for additional tasks for completion of the mitigated negative declaration. C. Consultant performed certain of the duties set forth in the Initial Agreement, the Agreement, and in Amendment No. 1 and was paid for such duties consistent with the Agreement. D. City desires to have Consultant complete additional duties determined necessary in addition to all duties set forth in the Agreement and Amendment No. 1 thereto and not previously completed. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached to the Agreement and Amendment No. 1 thereto and all the services described in the Scope of Services attached hereto as Exhibit A and 3 incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services attached hereto at its sole discretion. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section, the Schedule of Compensation attached hereto as Exhibit B and incorporated herein by reference, and the Billing Rates attached hereto as Exhibit C and incorporated herein by reference. Consultant's compensation for all work performed in accordance with the Initial Agreement, the Agreement, with Amendment No. 1, and with this Amendment, including all reimbursable items and subconsultant fees, shall not exceed ONE HUNDRED TWENTY -SEVEN THOUSAND TWO HUNDRED NINETY AND NO /100 ($127,290.00) without additional authorization from City. Consultant's compensation includes the Agreement amount of One Hundred Ten Thousand Nine Hundred Ninety -Five Dollars and No /100 ($110,995.00), the Amendment No. 1 amount of Ten Thousand Five Hundred Dollars and No /100 ($10,500), and an amount for Amendment No. 2 approved hereunder of Five Thousand Seven Hundred Ninety -Five Dollars and No /100 ($5,795). No billing rate changes shall be made during the term of this Amendment without the prior written approval of City. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: Robin Clauson, City Attorney for the City of Newport Beach ATTEST: By: LaVonne Harkless, City Clerk I•: CITY OF NEWPORT BEACH, A Municipal Corporation In Homer Bludau, City Manager for the City of Newport Beach CONSULTANT: M Gary Armstrong, Senior Vice President Attachments: Exhibit A - Scope of Services Exhibit B - Schedule of Compensation 5 EXHIBIT "A" SCOPE OF SERVICES Response to Comments While the California Environmental Quality Act does not require preparing written response to comments on a Mitigated Negative Declaration, City staff determined preparation of responses to comments would be prudent. RBF prepared written responses to three State agencies, and 24 residents or local groups. In addition, RBF prepared two technical memoranda, one on air quality and one on traffic, in response to comments raised by the Planning Commission. A total of 30 staff hours were necessary to prepare the response to comments and technical memoranda on air quality and traffic. Additional Reimbursable Expenses City Staff requested additional copies of both the Mitigated Negative Declaration and Technical Appendices. In total, an additional 15 copies of the Mitigated Negative Declaration and 22 copies of the Technical Appendices were requested and provided. The cost for a Mitigated Negative Declaration document with a CD of the Technical Appendices is $25.00 per copy. The cost for the Technical Appendices is $110.00 per copy. The total cost for additional reimbursable expenses is $2,795. 12 EXHIBIT "B" SCHEDULE OF COMPENSTATION Response to Comments Additional MND Copies (30 hours for 27 responses $3,000 plus technical memoranda) 15 @ $25 each Additional Technical Appendices 22 @ $110 each Amendment No. 2 Total 375 2,420 $5,795 11 EXHIBIT "C" BILLING RATES (HOURLY) OFFICE PERSONNEL $ / Hr. SeniorPrincipal ..................................................................................................... ............................... $215.00 Principal.................................................................................................................. ............................... 195.00 ProjectDirector ....................................................................................................... ............................... 175.00 ProjectManager ...................................................................................................... ............................... 152.00 StructuralEngineer ................................................................................................. ............................... 152.00 ElectricalEngineer .................................................................................................. ............................... 134.00 Senior Engineer /Senior Planner.................................. ... ... .................................................................. .. . 135.00 LandscapeArchitect ............................................................................................... ............................... 123.00 Project Engineer /Project Planner ............................................................................ ............................... 116.00 EnvironmentalSpecialist ......................................................................................... ............................... 112.00 CorrosionEngineer ................................................................................................. ............................... 112.00 Design Engineer /Senior Designer/ Mapper .............................................................. ............................... 108.00 Designer / Planner ...................................................................................................... ............................... 94.00 GISAnalyst ..................................................................................... ............................... ..........................90.00 GraphicArtist ............................................................................................................ ............................... 80.00 Environmental Analyst/Staff Planner ......................................................................... ............................... 80.00 DesignTechnician .................................................................................................... ............................... 78.00 Assistant Engineer / Planner ....................................................................................... ............................... 74.00 Engineering Aid /Planning Aid .................................................................................... ............................... 60.00 2- Person Survey Crew ......................................................................................... ............................... $200.00 1- Person Survey Crew .......................................................................................... ............................... 145.00 FieldSupervisor .................................................................................................... ............................... 138.00 CONSTRUCTION MANAGEMENT PERSONNEL ConstructionManager ........................................................................................... ............................... $150.00 Resident Engineer /Project Manager ....................................................................... ............................... 127.00 Senior Construction Inspector ................................................................................... ............................... 98.00 ConstructionInspector .............................................................................................. ............................... 95.00 FieldOffice Engineer ................................................................................................ ............................... 90.00 ConstructionTechnician ................................................................. ............................... .......................... 78.00 OTHER SERVICES AND FEES PermitProcessor .................................................................................................... ............................... $95.00 ClericalNVordProcessing .......................................................................................... ............................... 50.00 Consultation Relative to Legal Actions .................................................................... ............................... 270.00 VehicleMileage ................................................... ...................................... .................... ...................... 0.50 /mile Note: Blueprinting, reproduction, messenger service and other direct expenses will be charged as an additional cost plus 15 %. A Sub- consultant Management Fee of fifteen- percent (15 %) will be added to the direct cost of all sub - consultant services to provide for the cost of administration, sub - consultant consultation and insurance. I