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HomeMy WebLinkAboutC-4492 - PSA for Fair Share Fee Nexus Studyx AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH REVENUE & COST SPECIALISTS, LLC FOR FAIR SHARE FEE NEXUS STUDY THIS AMENDMENT NQ. ONE TOP OFESSIONAL RVICES AGREEMENT, is entered into as of this �`tlay of rfa Z�l y and between the CITY OF NEWPORT BEACH, a Municipal Corporati ( "CITY "), and REVENUE & COST SPECIALISTS, LLC, a California Corporation whose address is 1519 E. Chapman Avenue, Suite C, Fullerton, California 92831 ( "CONSULTANT "), and is made with reference to the following: RECITALS: A. On December 10, 2007, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT," for study services for the Fair Share Fee Nexus Study, hereinafter referred to as "PROJECT." B. CITY desires to enter into this AMENDMENT NO. ONE to reflect additional services not included in the AGREEMENT and to increase the total compensation C. CITY desires to compensate CONSULTANT for additional professional services needed for PROJECT. D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. ONE," as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. ADDITIONAL SERVICES TO BE PERFORMED In addition to the services to be provided pursuant to the AGREEMENT, CONSULTANT shall diligently perform all the services described in AMENDMENT NO. ONE including, but not limited to, all work set forth in the Scope of Services 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. 2. COMPENSATION 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, including all reimbursable items and subconsultant fees, shall not exceed Eighteen Thousand, Five Hundred Fifty Dollars and no/100 ($18,550.00) without prior written authorization from City, 3.1 The 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 One Thousand, Eight Hundred Dollars and no/100 ($1,800.00), without prior written authorization from City. 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. ONE on the date first above written. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By: t.. 4yn t e D! BeJc hamp, Assi nt City rney City Clerk �\ CITY OF NEWPORT BEACH, A Municipal Corporation By: c Dv' A. Kiff, City Manager REVENUE & COST SPECIALISTS, LLC.: By: Scott Thorp , Senior Vice -President Attachment: Exhibit A — Additional Services to be Performed 2 Serving Local Governments Since 1975 December 2, 2009 LLC Mr. Stephen G. Badum, P.E. Public Works Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 -8915 RE: Amendment to the Circulation System Development Impact Fee Report Mr. Badum, RCS, LLC staff provided the City with a proposal, dated October 12, 2007, to undertake a recalculation of the City's Circulation System Fair Share (development impact) Fees. The scope of services that have been provided to date is attached and summarized. A draft Master Facilities Plan and Development Impact Fee Calculation and Nexus Report was completed and went through two review cycles resulting in changes mostly in the form of additional projects or changes to the existing proposed projects. Alterations to the earlier proposed circulation projects resulted in changes to the Circulation System Fair Share Fee schedules and thus the Report text. A final report was completed on June 23, 2009 incorporating the amendments from the two review cycles. Since that date, the City has requested several changes, primarily land acquisition costs, requiring a revised Report. Those changes include a reduction to the right -of -way costs on a number of projects and the addition of one project necessary to prevent a reduction in the Level of Service (LOS) at the intersection of Jamboree and MacArthur As stated previously, the 06/23/09 report had gone through two review cycles priorto its completion. The RCS proposal identified one cycle for review. RCS invoiced the City for final payment and was paid. RCS has not invoiced the City for travel (nine trips to date) and commercial mail delivery to a maximum of $500 pending completion of the final two meetings. Internet: www.revenuecost.com Voice 714.992.9020 1519 E. Chapman Avenue • Suite C • Fullerton, CA 92831 Fax 714.992.9021 Page 2 12102109 Fair Share DIF Project Extension Proposal Letter to Newport Beach Per the City's request, RCS staff will make (only those) changes that are requested to the 06/23/09 Report and attend a meeting with staff resulting from those changes. RCS will invoice the City at $150.00 per hour for these additional services. The supplemental work as described herein shall not exceed $1,800.00. To this point RCS has attended two meetings with Council and other interested parties. There are two remaining meetings within the original contract and those two will be honored at no additional cost. Please advise me of any questions you might have. Sincerely, Scott Thorpe Vice President Summary of Services to be provided excerpted from the 10/12/07 Proposal. Services To Be Provided - To provide the basis forthe development impact fees the following steps would be taken by the Revenue & Cost Specialist staff, working with City staff: Review all City maps, land use documents and available circulation system master plans, as well as the City's Comprehensive General Plan. Discuss the City planning and capital financing process and community development standards with the traffic engineer, city planner and finance director to determine the level of improvements which most likely will evolve from the project planning documents and are needed to support, and give validity to, the City's Comprehensive General Plan. ■ Meet with traffic engineering staff (or designated consultants) responsible to assist in the identification of all projects needed through theoretical General Plan build -out via use of master plans, specific plans, and other service requirement studies. The greater the back- up detail available supporting the project need and the costs, the better. The greatest support is an engineer - prepared Master Plan. If such a document is not available, RCS will endeavor to increase the validity of available information. During the MFP process, RCS cannot decide what facilities the City needs or wants, nor set development standards for the City. City staff retains the primary responsibility for determining the projects needed for the desired service levels or necessary to support the General Plan and its many elements. ■ Develop draft an extended project list incorporating the input from the above steps and prepare the Master Facilities Plan, consisting of a detail CIP project detail page for each project. ■ Work with the designated planner, engineer, and consultant(s), to determine and concur on the land use acreage, where applicable, for each of the following existing and planned categories of use: [Ths space left vacant to place the following table on a single page]. ■ Identify and analyze the "demand drivers" specific to each infrastructure or service area. The "drivers" are the factors of nexus demand related to each land use and would be based upon the project plans or City productivity records. ■ Apply the RCS - copyrighted computerized formulas for the distribution of the benefits of, nexus for, and impact of each group of projects on each of the above categories of land use. Undertake the proportional analysis necessary to identify the appropriate burden to be placed upon both the existing and future infrastructure. ■ Identify any "excess capacity" provided by the existing infrastructure, the cost for which may be recovered from future residents and businesses and develop a specific fee structure for the previously referenced infrastructure. ■ Prepare a comprehensive report consisting of the fee - structure and the necessary relevant nexus text and present the City with and master copy of the report and RCS cover stock and letterhead adequate for twenty copies. One draft report (cycle) is included in the proposal and then the final Report. [Two have been provided to date]. Any additional draft reports or final reports beyond those included in this proposal will be invoiced separately at RCS hourly rates at an amount reflecting the magnitude of the requested changes. ■ Attend up to four City Council study sessions or public hearings of the resultant fees, to explain the process through which the fees were determined. [Two meeting have been attended to date, two remain]. � ® 1 � i i Will! � 9 =5 6 e Yom¢ 1 � a MINIXP —' � ■ Identify and analyze the "demand drivers" specific to each infrastructure or service area. The "drivers" are the factors of nexus demand related to each land use and would be based upon the project plans or City productivity records. ■ Apply the RCS - copyrighted computerized formulas for the distribution of the benefits of, nexus for, and impact of each group of projects on each of the above categories of land use. Undertake the proportional analysis necessary to identify the appropriate burden to be placed upon both the existing and future infrastructure. ■ Identify any "excess capacity" provided by the existing infrastructure, the cost for which may be recovered from future residents and businesses and develop a specific fee structure for the previously referenced infrastructure. ■ Prepare a comprehensive report consisting of the fee - structure and the necessary relevant nexus text and present the City with and master copy of the report and RCS cover stock and letterhead adequate for twenty copies. One draft report (cycle) is included in the proposal and then the final Report. [Two have been provided to date]. Any additional draft reports or final reports beyond those included in this proposal will be invoiced separately at RCS hourly rates at an amount reflecting the magnitude of the requested changes. ■ Attend up to four City Council study sessions or public hearings of the resultant fees, to explain the process through which the fees were determined. [Two meeting have been attended to date, two remain].