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].
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■ 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].