Loading...
HomeMy WebLinkAboutC-4687 - PSA for Newport Banning RanchZ- t; AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT WITH RBF CONSULTING FOR NEWPORT BANNING RANCH THIS AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT ( "Amendment No. Three "), is entered into as of this 21st day of January, 2011, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and RBF Consulting, a California Corporation whose address is 14725 Alton Parkway, Irvine, California 92618 ( "Consultant "), and is made with reference to the following: RECITALS: A. On June 17, 2009, City and Consultant entered into a Professional Services Agreement ( "Agreement ") for traffic engineering and development review services for the Newport Banning Ranch Project ( "Project "). B. On January 12, 2010, City and Consultant entered into Amendment No. 1 to the Agreement to reflect additional services not included in the Agreement, to extend the term of the Agreement, and to increase the total compensation. ( "Amendment No. 1 "). C. On September 17, 2010, City and Consultant entered into Amendment No. 2 to the Agreement to reflect additional services not included in the Agreement, to extend the term of the Agreement, and to increase the total compensation. ( "Amendment No. 2 "). D. City desires to enter into this Amendment No. Three to reflect additional services not included in the Agreement or prior Amendments, to extend the term of the Agreement to December 31, 2011, and to increase the total compensation. E. 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. SERVICES TO BE PERFORMED Section 2 of the Agreement, as amended, shall be supplemented to include the Scope of Services dated January 21, 2011, 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. 2. COMPENSATION The introductory paragraph to Section 4 of the Agreement, as amended, 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 and the Schedule of Billing Rates attached to the Agreement. Consultant's total amended compensation for all work performed in accordance with this Agreement, and all prior amendments, including all reimbursable items and subconsultant fees, shall not exceed Three Hundred Forty Nine Dollars and no /100 ($349,000) without prior written authorization from City ( "Total Amended Compensation "). 2.1 The Total Amended Compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this Amendment No. Three, including all reimbursable items and subconsultant fees, in an amount not to exceed Eighty Four Thousand and no /100 Dollars ($84,000.00), without prior written authorization from City. 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement and all prior amendments shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. Three on the dates written below. APPROVED AS TO FORM: OFFICE F HE CITY ATTORNEY Date: By 21( Leon e Mulvihill Assistant City Attorney ATTEST - Date: f- �15' 11 By: 4W Leilani I. Brown City Clerk .0 r tip•, CITY OF NEWPORT BEACH, A California municipal corporation Date: 112t By: Davi Kiff City Manager CONSULTANT:RBF CONSULTING California Corporation Date: l- 2-4-II By:L -�' ' / • CI't ll Margit Allen Vice President Planning Date: I. 2 `/. // By: 'f/4Y Douglas . Fros Executive ice President/CFO Attachment: Exhibit A — Additional Services to be Performed Exhibit "A" SCOPE OF SERVICES January 21, 2011 Consultant will provide the following additional services: Consultant will provide additional contract traffic engineering and development review services to the City of Newport Beach in conjunction with processing of the Newport Banning Ranch development. Mike Erickson will function on behalf of the City Public Works Department during the review of the development subdivision map application, coordinating the completion of the traffic report in support of the Newport Banning Ranch EIR, reviewing the work product of the project traffic consultant, reviewing transportation and circulation issues associated with the project, reviewing and making recommendations on road alignments, intersection configurations and street sections, coordinating with OCTA to facilitate processing of amendments to the OCTA Master Plan of Arterial Highways, preparing analyses and reports as required, monitoring schedules and taking actions as are necessary and appropriate to ensure that City- required reviews and actions take place in a timely manner. AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH RBF CONSULTING FOR NEWPORT BANNING RANCH THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this �'� day of 2010, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and RBF Consulting, whose address is 14725 Alton Parkway, Irvine, California 92618 -2027, P.O. Box 57057, Irvine, California 92619 -7057 ( "Consultant'), and is made with reference to the following: RECITALS: A. On ,June 17, 2009, City and Consultant entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT," for traffic engineering and development review services for the Newport Banning Ranch, hereinafter referred to as "Project." B. On January 12, 2010, CITY approved AMENDMENT NO. 1 to reflect additional services not included in the AGREEMENT, to extend the term of the AGREEMENT and to increase the total compensation. C. City desires to enter into this AMENDMENT NO. 2 to reflect additional services not included in the AGREEMENT, to extend the term of the AGREEMENT and to increase the total compensation. D. City and Consultant mutually desire to amend 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 hereby and the following is substituted in its entirety. The term of the AGREEMENT shall terminate on July 31, 2011, unless terminated earlier as provided for in the AGREEMENT. 2. ADDITIONAL SERVICES TO BE PERFORMED Section 2 of the AGREEMENT shall be amended hereby and the following is substituted in its entirety. In addition to the services to be provided pursuant to the AGREEMENT, as amended, CONSULTANT shall diligently perform all the services described in AMENDMENT NO. 2 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. 3. COMPENSATION The introductory paragraph to Section 4 shall be amended hereby and the following is substituted in its entirety. 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, excluding all reimbursable items but including all subconsultant fees, shall not exceed Two Hundred Thousand Sixty Five and no /100 Dollars ($265,000) without prior written authorization from City. The amended compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this AMENDMENT NO. 2, excluding all reimbursable items but including all subconsultant fees, in an amount not to exceed Eighty Thousand and no /100 Dollars ($80,000.00), without prior written authorization from City. No billing rate changes shall be made during the term of the AGREEMENT without the prior written approval of 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. 2 IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 2 on the date first above written. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY B Leonie Mulvihill Assistant City Attorney ATTEST: By: 4Q- Leilani I. Brown City Clerk spoRsN�'- CITY OF NEWPORT BEACH, A Municipal Corporation By: U� D d A. Kiff City Manager CONSULTANT: RBF Consulting By: ---M. "�— (Corporate Officer) Title: Vice President Print Name: Margit Allen By: 2LMA� i ancial Officer) Title: Executive VP & CFO Print Name: Dougl as J. Frost Attachment: Exhibit A — Scope of Services 3 Exhibit "A" SCOPE OF SERVICES Consultant will provide the following additional services: Consultant will provide additional contract traffic engineering and development review services to the City of Newport Beach in conjunction with processing of the Newport Banning Ranch development. Mike Erickson will function on behalf of the City Public Works Department during the review of the development subdivision map application, coordinating the completion of the traffic report in support of the Newport Banning Ranch EIR, reviewing the work product of the project traffic consultant, reviewing transportation and circulation issues associated with the project, reviewing and making recommendations on road alignments, intersection configurations and street sections, coordinating with OCTA to facilitate processing of amendments to the OCTA Master Plan of Arterial Highways, preparing analyses and reports as required, monitoring schedules and taking actions as are necessary and appropriate to ensure that City -required reviews and actions take place in a timely manner. In addition, at City's request, Consultant shall assign other personnel to assist City in review of subdivision maps for the Newport Banning Ranch development. S CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 14 October 12, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Sharon Wood, Special Projects Consultant 949 - 644 -3222, swood @city.newport- beach.ca.us SUBJECT: Amendments to Professional Services Agreements with Consulting Firms Providing Services Related to Newport Banning Ranch Development Application , APPLICANT: Newport Banning Ranch, LLC ISSUE: City Council notification of amendments to professional services agreements with costs exceeding $100,000 and paid for by funds in an applicant deposit account. RECOMMENDATION: Receive and file. DISCUSSION: In accordance with Council Policy F -14 (Authority to Contract for Services), the City Manager is required to provide notice of a permit application and a brief description of the proposed project to the City Council when a contract for professional services is paid for by funds in an applicant deposit account and the total cost for services exceeds $100,000. Newport Banning Ranch, LLC has filed an application for a Planned Community Development Plan, Master Development Plan, Zoning Code Amendment, and Tentative Tract Map to allow development of the Banning Ranch property as allowed in the General Plan. The application also requires the approval of an amendment to the City's General Plan Circulation Element and an amendment to the Orange County Master Plan of Arterial Highways (MPAH). The proposed development would include 1,375 residential units, 75,000 square feet of commercial use, 75 overnight accommodations, approximately 52.3 acres of parks and approximately 251.6 acres of open space. PSA with Consulting Firms for Newport Banning Ranch October 12, 2010 Page 2 The City has entered into professional services agreements with various consultants to provide planning, engineering, project management, and environmental services for the Newport Banning Ranch project. As the project has advanced, the City has identified additional services, over and above the scope of services approved in the initial consultants' agreements and amendments to those agreements, which are required in order to complete the City's review of the project. The City Manager has executed amendments to the agreements for the project consultants as follows. The amendments are attached and the original agreements are available for review in the Planning Department. Bon Terra Consulting BonTerra Consulting currently has an agreement and two amendments to the professional services agreement with the City for preparation of a screencheck and Draft EIR for the project. Amendment No. 3 authorizes additional work that was not contemplated in the scope of work for the original agreement or the first two amendments, including the following: • Review and revision of screencheck EIR sections to reflect change in project description to include a lotting tract map, as well as to incorporate additional subconsultant work authorized in Amendment No. 2. • Remapping, recalculation and rewriting of reports to reflect revisions and corrections to information on grading and limits of disturbance by the applicant. • Additional cultural resources field work, with investigations done by hand instead of with mechanical equipment to minimize biological impacts. • Changes to State requirements for water quality analysis. • Analysis of additional visual simulations. • Expansion of EIR transportation section to include additional traffic analysis authorized in Amendment No. 2. • Addition of alternatives to be analyzed in the EIR. The approved agreement and first two amendments are for an amount not to exceed $1,466,077.20. This does not include an amount for responses to comments on the Draft EIR, as the level of effort is not known yet. The third amendment for the additional EIR scope of work is for an amount not to exceed $375,997.38 bringing the total contract to an amount not to exceed $1,842,074.58. Linn & Associates Linn & Associates currently has an agreement and one amendment to provide contract planning and project management consulting services on an hourly "time and materials" basis in conjunction with the processing of planning applications as requested by the City. Services provided pursuant to the current agreement have included 1) application PSA with Consulting Firms for Newport Banning Ranch October 12, 2010 Page 3 review, staff analysis, staff report preparation, and public hearing presentations for various group home applications and 2) application review, interdepartmental coordination, CEQA documentation monitoring, project scheduling, and consultant team management for the Newport Banning Ranch project. Additional project management and planning review services have been identified in order to continue the processing of the Newport Banning Ranch project, including but not limited to review and monitoring of on -going revisions to the Planned Community text, Master Development Plan and tentative tract map; review and monitoring of the screencheck and Draft EIR; attendance at technical meetings and project team meetings; coordination of project consultant work efforts; attendance at public meetings; staff analysis and preparation of staff reports, including Water Supply Assessment staff report; and attendance and presentation at public hearings. The original agreement and Amendment No. 1 are for services to be provided on an hourly "time and materials" for an amount not to exceed $240,000. Amendment No. 2 has a n authorized budget amount of $80,000 bringing the total authorized budget amount to $320,000.00. RBF Consulting RBF Consulting currently has an agreement to provide traffic and engineering services for the Newport Banning Ranch project which includes providing contract traffic engineering and development review services, reviewing the work product of the traffic consultant preparing the EIR traffic report, reviewing transportation and circulation issues associated with the project, reviewing and making recommendations on road alignments, intersection configurations and street sections, coordinating and participating with the OCTA on the amendment to the MPAH, providing technical support in the review of issues related to the applicant's subdivision map application, preparing analyses and reports as required, and monitoring schedules. Additional - services have been identified to coordinate traffic studies required by OCTA for the MPAH amendment, review the screencheck EIR transportation section and draft conditions of approval for the tentative tract map. The original agreement and Amendment No. 1 are for services to be provided on a "time and expenses" basis in an amount not to exceed $185,000. The amendment for the additional scope of work on a "time and expenses" basis is for an amount not to exceed $80,000 bringing the total contract to an amount not to exceed $265,000.00. Environmental Review: Retention of consultants is not a projected as defined by CEQA. PSA with Consulting Firms for Newport Banning Ranch October 12, 2010 Page 4 Funding Availability: The entire cost of these consulting services will be reimbursed to the City by the applicant, Newport Banning Ranch, LLC. Submitted by: Sharon Wood Special Projects Consultant Attachments: 1. Amendment No. 3 to PSA with BonTerra Consulting 2. Amendment No. 2 to PSA with Deborah Linn d.b.a. Linn & Associates 3. Amendment No. 2 to PSA with RBF Consulting AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH BON TERRA CONSULTING FOR NEWPORT BANNING RANCH THIS AMENDMENT 1\10. 3 TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of thi 10 day of August, 2010, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "CITY "), and Bon Terra Consulting, a LLC, 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 March 20, 2009, City and Consultant entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT," for environmental services for the Newport Banning Ranch, hereinafter referred to as "Project." B. On July 14, 2009, City and Consultant entered into AMENDMENT NO. 1 to reflect additional services not included in the AGREEMENT. C. On January 12, 2010, City and Consultant entered into AMENDMENT NO. 2 to reflect additional services not included in the AGREEMENT. D. City desires to enter into this AMENDMENT NO. 3 to reflect additional services not included in the AGREEMENT or prior amendments, to extend the term of the AGREEMENT to February 28, 2011, and to increase the total compensation. E. 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 hereby and the following is substituted in its entirety. The term of the AGREEMENT shall terminate on February 28, 2011, unless terminated earlier as provided for in the AGREEMENT. 2. SERVICES TO BE PERFORMED Section 2 of the AGREEMENT shall be amended hereby and the following is substituted in its entirety. In addition to the services to be provided pursuant to the AGREEMENT and AMENDMENT NOS. 1 and 2, CONSULTANT shall diligently perform all the services described in AMENDMENT NO. 3 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. 3. COMPENSATION The introductory paragraph of Section 4 of the AGREEMENT shall be amended hereby and the following is substituted in its entirety. 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 One Mlifion, Eight Hundred Forty -Two Thousand, Seventy -Four and 58/100 Dollars ($1,842,074.58) without prior written authorization from City. The amended compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this AMENDMENT NO. 3, including all reimbursable items and subconsultant fees, in an amount not to exceed Three Hundred Seventy -Five Thousand, Nine Hundred Ninety -Seven and 38/100 Dollars {$375,997.38), without prior written authorization from City. No billing rate changes shall be made during the terra of the AGREEMENT without prior written approval of City. Subsection 4.4 of the AGREEMENT shall be amended hereby and the following is substituted in its entirety. Notwithstanding any other provision of this AGREEMENT, City shall withhold ten percent (10 %) of each monthly payment until City has accepted the final work under this Agreement. 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. E p IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 3 on the date first above written. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By: Leonie Mulvihill Assistant City Attorney ATTEST: By: A Leilani I. Brown City Clerk Attachment: CITY OF NEWPORT BEACH, A Municipal Corporation By: l ' Da A. Kiff City Manager CONSULTANT: BONTERRA CONSULTING (Corporate Officer) Title: Print Name: /K-,v &iWd M (Financial Print Name: Exhibit A - Scope of Services 3 Exhibit "A" SCOPE OF SERVICES Consultant shall perform the following Additional Services in support of the Project EIR: Document Preparation 1. Review all EIR sections and revise as necessary to provide construction -level analysis to include lotting tract map as part of Project. 2. Revise Project Description section to reflect changes to Project, regulatory documents (PC Text and Master Development Plan), tentative tract map and Project Design Features. 3. Reorganize policy analysis to appear with each EIR section instead of consolidated in Land Use section. 4_ Provide additional revisions to EIR sections in response to multiple City reviews. 5. Update previously drafted EIR sections to ensure they include correct Project Design Features, cumulative projects lists, changes in regulations, etc. Water Quality 1. Conduct additional research and analysis, and confer with City's outside counsel, to comply with new State mandates. Biological Resources 1. Revise all biological resources and regulatory impacts maps and calculations, and rewrite technical report, based on revised and corrected`' information on limits of disturbance. Traffic Study 1. Analyze a new project alternative that includes a second connection to Coast Highway as shown in the County MPAH, as requested by Orange County Transportation Authority (OCTA). This analysis includes an additional model run. 2. Coordination by the traffic consultant with the applicant and City staff. Cultural Resources 1. Expanded work effort for the site investigation because no mechanical equipment could be used. 2. Additional analysis, cataloguing and resource preparation for archiving extensive resources that were found during the subsurface investigation. Carbon dating for the resources. Air Quality 1. Re -run air quality model with corrected Project implementation schedule, and revise technical report and EIR section accordingly. Visual Simulations 1. Revise view simulations as part of the EIR aesthetics analysis to reflect modifications to the architecture, landscaping, and level of detail. Alternatives 1. Coordination on the alternatives required in the EIR. 2. Prepare quantitative noise analysis for the worst case traffic scenario. Project Management 1. Coordinate information and resolution of issues with City staff, consultants and applicant. 2. Participate in weekly project management meetings to coordinate workflow, manage schedule and resolve issues. R 5 C O N 5 U t T f N G An Environmental Planning/Resource Management Corporation � �,iLi,'°ti.rZ�^4...e ,a .3�titJ�:%t'�!.s`3_'ks k`tlSYi'3�4ti'✓^�SBt.�z5�ir Cr`s^.BSSS^aAi':. Task Employee Hours Rate :..'%Ri95 k.�'ay`4:f }�RS�+i5k -r5k. •.,.sf ,: - >..•; Subtotal Augment Request DraftrEIR K. Brady 24.0 $ 205.00 $ 4,920.00 $ 36,408 90 D. Privitt 36.0 $ 180.00 $ 6,480.00 A. Johnston 24.0 $ 180.00 $ 4,320.00 J. Kurtz 9.0 $ 195.00 $ 1,755.00 F. Sotelo 9.0 $ 125.00 $ 1,125.00 J. Cho 16.0 $ 125.00 $ 2,000.00 L. Robb 16.0 $ 120.00 $ 1,920.00 K. Quinn 9.0 $ 95.00 $ 855.00 M. Keith 16.0 $ 85.00 $ 1,360.00 GIS 24.0 $ 90.00 $ 2,160.00 Editing 40.0 $ 80.00 $ 3,200.00 Word Processing 40.0 $ 70.00 $ 2,800.00 Clerical 40.0 $ 70.00 $ 2,800.00 Administration 0.0 $ - $ 713.90 Biological Tech Report A. Johnston 111.7 $ 180.00 $ 20,106.00 $ 45,514.44 D. Privitt 0.0 $ 180.00 $ - S. Leatherman 23.5 $ 125.00 $ 2,937.50 A.Oneal 0.0 $ 125.00 $ - S. Tennant 67.9 $ 125.00 $ 8,487.50 B. Daniels 6.0 $ 125.00 $ 750.00 L. Robb 0:0 $ 120.00 $ - M. Keith 0.0 $ 85.00 $ - A. Rudalevige 4.5 $ 80.00 $ 360.00 GIS 102.8 $ 90.00 $ 9,252.00 Editing 29.3 $ 80.00 $ 2,344.00 Word Processing 5.5 $ 70.00 $ 385.00 Clerical 0.0 $ 70.00 $ - Administration 0.0 $ - $ 892.44 1 11 IIIN` I, III Ill 11111,111 illi 11111: $ 111! 332,677.38 Total Professional Fees SUB CONSULTANT/TECHNICAL REPORTS . Requested Augment Traffic & Parking: Kimley -Horn $ 15,500.00 Traffic Modeling: Urban Crossroads $ 3,300.00 Visual Simulations: VisionScape Imagery $ 4,900.00 Subconsultant Admin. $ 2,370.00 Total Subconsultant Fees $ 26,070.00 Page 2 of 3 C 0 N S U I T I N G An Environmental Planning/Resource Management Corporation Task Employee Hours Rate Subtotal Augment Request c fi AM { �. s WE =L"KafteNI Item Subtotal Mailings, Deliveries $1,500.00 In -house Reproduction $250.00 Document Reproduction $15,000.00 Other Direct Costs $500.00 Total Direct Fees $17,250.00 TOTAL AUGMENT REQUEST $375,997.38 NewvoN01&Man nt 1510. is Page 3 of 3 AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH DEBORAH LINN d.b.a. LINN & ASSOCIATES FOR NEWPORT BANNING RANCH THIS AMENDMENT NO. 2 TO P�SIONAL SERVICES AGREEMENT, is entered into as of this 715r day of VN (� 2010, by and between the CITY OF NEWPORT BEACH, a Municipal Cor oration ( "City "), and Deborah Linn doing business as Linn & Associates, whose address is 826 Molino Avenue, Long Beach, California 90804 ( "Consultant "), and is made with reference to the following: RECITALS: A. On April 21, 2008, City and Consultant entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT," for project management and planning services for development project applications submitted to the City. B. On January 12, 2010, City approved AMENDMENT NO. 1 to reflect additional services not included in the AGREEMENT, to extend the term of the AGREEMENT and to increase the total compensation. C. CITY desires to enter into this AMENDMENT NO. 2 to extend the term of the AGREEMENT and to increase the total compensation. D. City and Consultant mutually desire to amend 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 hereby and the following is substituted in its entirety. The term of the AGREEMENT shall terminate on July 31, 2011, unless terminated earlier as provided for in the AGREEMENT. 2. ADDITIONAL SERVICES TO BE PERFORMED Section 2 of the Agreement shall be amended hereby and the following is substituted in its entirety. CONSULTANT shall diligently perform all the services described in the AGREEMENT and AMENDMENT NO. 2 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. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 2 on the date first above written. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, OFFICE OF THE CITY ATTORNEY A Municipal Corporation By:_ (��� By: Leonie Mulvihilr - - DaVid A. Kiff Assistant City Attorney City Manager ATTEST: n By: Leilani I. Brown City Clerk Attachment: CONSULTANT: [INSERT NAME] By: Corporate Officer) Title: Print Name :-7) L- ✓K/ (Financial Officer) Title: Print Name: Exhibit A -Scope of Services 3 Exhibit "A" SCOPE OF SERVICES Deborah Linn d.b.a. Linn & Associates will provide contract planning and project management services to the City of Newport Beach in conjunction with processing of planning applications. Deborah Linn will function on behalf of the City in reviewing project submittals, supervising preparation of the work product of the project traffic consultant, managing and monitoring the CEQA document preparation, _preparing staff analyses and reports for Planning Commission and City Council approvals, monitoring schedules and taking actions as are necessary and appropriate to ensure that City- required reviews and actions take place in a timely manner, assisting in the selection of technical consultants, and monitoring of technical consultant work and schedules. Tasks include but are not limited to the following: 1. Coordination of staff review of project application materials. 2. Review, comment, and monitoring of CEQA documentation. 3. Preparation of project schedules and memoranda. 4. Coordination of and attendance at project team meetings. 5. Monitoring and coordinating work effort of City consultant team. 6. Attend project technical meetings with City and applicants. 7. Coordinating and monitoring application review with City departments. 8. Attendance community meetings and public workshops as requested. 9. Preparation of staff reports for Planning Commission and City Council. IO.Attendance at public hearings and presentation of reports to public bodies. a AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH RBF CONSULTING FOR NEWPORT BANNING RANCH THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this _� day of C {µn Pity 2010, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and RBF Consulting, whose address is 14725 Alton Parkway, Irvine, California 92618 -2027, P.O. Box 57057, Irvine, California 92619 -7057 ( "Consultant'), and is made with reference to the following: RECITALS: A. On June 17, 2009, City and Consultant entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT," for traffic engineering and development review services for the Newport Banning Ranch, hereinafter referred to as `Project." B. On January 12, 2010, CITY approved AMENDMENT NO. 1 to reflect additional services not included in the AGREEMENT, to extend the term of the AGREEMENT and to increase the total compensation. C. City desires to enter into this AMENDMENT NO. 2 to reflect additional services not-included in the AGREEMENT, to extend the term of the AGREEMENT and to increase the total compensation. D. City and Consultant mutually desire to amend 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 hereby and the following is substituted in its entirety. The term of the AGREEMENT shall terminate on July 31, 2011, unless terminated earlier as provided for in the AGREEMENT. 2. ADDITIONAL SERVICES TO BE PERFORMED Section 2 of the AGREEMENT shall be amended hereby and the following is substituted in its entirety. In addition to the services to be provided pursuant to the AGREEMENT, as amended, CONSULTANT shall diligently perform all the services described in AMENDMENT NO. 2 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. 3. COMPENSATION The introductory paragraph to Section 4 shall be amended hereby and the following is substituted in its entirety. 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, excluding all reimbursable items but including all subconsultant fees, shall not exceed Two Hundred Thousand Sixty Five and no /100 Dollars ($265,000) without prior written authorization from City. The amended compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this AMENDMENT NO. 2, excluding all reimbursable items but including all subconsultant fees, in an amount not to exceed Eighty Thousand and no /100 Dollars ($80,000.00), without prior written authorization from City. No billing rate changes shall be made during the term of the AGREEMENT without the prior written approval of 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. 2 IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 2 on the date first above written. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY B� . 1&— Leonie Mulvihill YY Assistant City Attorney ATTEST: By: V Leilani t. Bro n City Clerk Attachment: CITY OF NEWPORT BEACH, A Municipal Corporation By: (- Da " &A. Kiff City Manager CONSULTANT: RBF Consulting By:l. 4&—� (Corporate Officer) Vice President Print Name: Margit Allen By: (F' ncialOffcer) r „ Execu ' e VP & CFO Print Name: Douglas J. Frost Exhibit A — Scope of Services Bl Exhibit "A" SCOPE OF SERVICES Consultant will provide the following additional services: Consultant will provide additional contract traffic engineering and development review services to the City of Newport Beach in conjunction with processing of the Newport Banning Ranch development. Mike Erickson will function on behalf of the City Public Works Department during the review of the development subdivision map application, coordinating the completion.of the traffic report in support of the Newport Banning Ranch EIR, reviewing the work product of the project traffic consultant, reviewing transportation and circulation issues associated with the project, reviewing and making recommendations on road alignments, intersection configurations and street sections, coordinating with OCTA to facilitate processing of amendments to the OCTA Master Plan of Arterial Highways, preparing analyses and reports as required, monitoring schedules and taking actions as are necessary and appropriate to ensure that City- required reviews and actions take place in a timely manner. In addition, at City's request, Consultant shall assign other personnel to assist City in review of subdivision maps for the Newport Banning Ranch development. M -PLO i Sy egg c y cOum IL CflY OF NEWP„yOR�q BEAOk1. CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 10 January 12, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Managers Office Sharon Wood, Assistant City Manager 949 -644 -3222, swood @city.newport- beach.ca.us SUBJECT: Amendments to Professional Services Agreements with Consulting Firms Providing Services Related to Newport Banning Ranch Development APPLICANT: Newport Banning Ranch, LLC RECOMMENDATION: Receive and file. DISCUSSION: In accordance with Council Policy F -14 (Authority to Contract for Services), the City Manager is required to provide notice of a permit application and a brief description of the proposed project to the City Council when a contract for professional services is paid for by funds in an applicant deposit account and the total cost for services exceeds $100,000. Newport Banning Ranch, LLC has filed an application for a Planned Community Development Plan, Master Development Plan, Zoning Code Amendment, and Tentative Tract Map to allow development of the Banning Ranch property as 'allowed in the General Plan. The application also requires the approval of an amendment to the City's General Plan Circulation Element and may require an amendment to the Orange County Master Plan of Arterial Highways (MPAH). The proposed development would include up "to 1,375 residential units; 75,000 square feet of commercial use, 75 overnight accommodations, approximately 52.3 acres of parks and approximately 251.6 acres of open space. The City has entered into professional services agreements with.vanous consultants to provide planning, engineering, project management, and environmental services for the Newport Banding Ranch project. As the project has :advanced, the City has identified PSA with Consulting Firms for Newport Banning Ranch January 12, 2010 Page 2 additional services, over and above the scope of services approved in the initial consultants' agreements, which are required in order to complete certain aspects of the project. Pending City Attorney review and approval, staff intends to execute amendments to the agreements for the project consultants as follows. The amendments are attached and the original agreements are available for review in the Planning Department. AECOM The engineering firm of AECOM currently has an agreement with the City in an amount not to exceed $28,500 for preparation of a water supply assessment report for the Newport Banning Ranch project. Additional tasks have been identified in order to complete the consultant report due to the need to include updated data on the City's recent year's water demand, the City's updated Water Conservation Ordinance, and to incorporate applicant proposed changes to the residential mix and on -site water facilities plan of the project. The amendment for the additional scope of work is for an amount not to exceed $19,200.00 bringing the total contract to an amount not to exceed $47,700.00. Bon Terra Consulting BonTerra Consulting currently has an agreement and one amendment to the professional services agreement with the City for preparation of a screencheck and Draft EIR for the project. The current agreements include technical report preparation by subconsultants for traffic, air toxics health risk assessment, and visual simulations of the project in support of the EIR. Additional subconsultant tasks have been identified as a result of modifications to the project proposed by the applicant, and the need for additional technical and project team meetings not anticipated in the original scope of work. Additional subconsultant tasks include additional traffic analysis due to an applicant proposed change in the mix of residential land uses, additional visual simulations due to modifications to the proposed project roadways and the applicant's proposed alternative for a pedestrian bridge crossing West Coast Highway, and an expanded air toxics and human health risk analysis in response to City and applicant comments on the initial subconsultant work product. The approved agreement and first amendment are for an amount not to exceed $1,396,700.20. This does not include an amount for responses to comments on the Draft EIR, as the level of effort is not known yet. The second amendment for the additional subconsultant scope of work is for an amount not to exceed $69,377.00 bringing the total contract to an amount not to exceed $1,466,077.20. It should be noted that this amendment is for subconsultants only, and staff also anticipates a request from Bon Terra to amend their own scope of services to include the new subconsultant analyses in the screencheck EIR sections that had already been started. PSA with Consulting Firms for Newport Banning Ranch January 12, 2010 Page 3 Linn & Associates Linn & Associates currently has an agreement to provide contract planning and project management consulting services on an hourly `time and materials" basis in conjunction with the processing of planning applications as requested by the City. Services provided pursuant to the current agreement have included 1) application review, staff analysis, staff report preparation, and public hearing presentations for various group home applications and 2) application review, interdepartmental coordination, CEQA documentation monitoring, project scheduling, and consultant team management for the Newport Banning Ranch project. Additional project management and planning review services have been identified in order to continue the processing of the Newport Banning Ranch project, including but not limited to review and monitoring of on -going revisions to project application documentation, review and monitoring of the screencheck and Draft EIR, attendance at technical meetings and project team meetings, coordination of project consultant work efforts, attendance at public meetings, staff analysis and preparation of staff reports, attendance and presentation at public hearings. The approved agreement is for services to be provided on an hourly "time and materials" basis rather than a "not to exceed" amount and a budget of $150,000 was authorized. The amendment is for an additional scope of work to be provided on an hourly "time and materials" basis for an authorized budget amount of $90,000 bringing the total authorized budget amount to $240,000.00. RBF Consulting RBF Consulting currently has an agreement to provide traffic and engineering services for the Newport Banning Ranch project which includes providing contract traffic engineering and development review services, reviewing the work product of the project traffic consultant preparing the EIR traffic report, reviewing transportation and circulation issues associated with the project, reviewing and making recommendations on road alignments, intersection configurations and street sections, coordinating and participating with the OCTA on any potential amendments to the MPAH, preparing analyses and reports as required, and monitoring schedules. Additional services have been identified due to an expanded scope of services to provide technical support in the review of issues related to the applicant's subdivision map application for the project The approved agreement is for services to be provided on a "time and expenses" basis in an amount not to exceed $100,000. The amendment for the additional scope of work on a "time and expenses" basis is for an amount not to exceed $85,000 bringing the total contract to an amount not to exceed $185,000.00. PSA with Consulting Firms for Newport Banning Ranch January 12, 2010 Page 4 Environmental Review: Retention of consultants is not a projected as defined by CEQA. Funding Availability: The entire cost of these consulting services will be reimbursed to the City by the applicant, Newport Banning Ranch, LLC. Submitted by: Sharon Wood Assistant City Manager AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH AECOM USA Inc. FOR NEWPORT BANNING RANCH THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this 12th day of January, 2010, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "CITY "), and AECOM USA, Inc., a California Corporation whose address is 7807 Convoy Court Suite 200, San Diego, California 92111 ( "CONSULTANT'), and is made with reference to the following: RECITALS: A. On March 17, 2009, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT," for engineering services for the Newport Banning Ranch, hereinafter referred to as `PROJECT." B. CITY desires to enter into this AMENDMENT NO. 1 to reflect additional services not included in the AGREEMENT, to extend the term of 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. 1," as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of the AGREEMENT shall be extended to December 31, 2010. 2. 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. 1 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. 3. 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, excluding all reimbursable items and all subconsultant fees, shall not exceed Forty Thousand Sev en Hundred Dollars and no /100 ($47,700.00) 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. 1, excluding all reimbursable items and all subconsultant fees, in an amount not to exceed Nineteen Thousand Two Hundred Dollars and no /100 ($19,200.00), 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. E IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 on the date first above written. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY ATA Assistant City Attorney ATTEST: M Leilani I. Brown, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation M City Manager CONSULTANT: AECOM USA Inc. By: (Corporate Officer) Title: Print Name: (Financial Officer) Title: Print Name: Attachments: Exhibit A — Additional Services to be Performed K Exhibit "A" SCOPE OF SERVICES Consultant will provide the following additional services Prepare a Second Draft Water Supply Assessment Report incorporating the following additional information: • City of Newport Beach updated draft water conservation ordinance. • City of Newport Beach yearly demand and supply records. • Research results of recent publications regarding the statewide drought and the ongoing efforts to mitigate imported supply losses. • Research results of revised project unit demand factors. • Meet with the City and collect comments. 2. Prepare a Third Draft Submittal Water Supply Assessment Report incorporating the following additional data: • City FY 08 -09 demand data. • Revised land -use and unit counts for the project per the applicant's revised project. Update demand projections and report figures. • Revised site facility plans per applicant revised project. • Final adopted water conservation ordinance. • Narrative summary of LAFCO input regarding Mesa Consolidated Water District. • City annexation agreement / contracts with OCWD. • MWD's Bond Disclosure Statement. 3. Attend meeting with the City and collect comments. 4. Prepare a Final Water Supply Assessment Report based on staff and applicant comments. 5. Attend City Council meeting and assist staff with any technical questions. AMENDMENT NO.2 TO PROFESSIONAL SERVICES AGREEMENT WITH BON TERRA CONSULTING FOR NEWPORT BANNING RANCH THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this 12th day of January, 2010, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "CITY "), and Bon Terra Consulting, a LLC, 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 March 20, 2009, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT," for environmental services for the Newport Banning Ranch, hereinafter referred to as "PROJECT." B. CITY and CONSULTANT have entered into one separate AMENDMENT of the AGREEMENT, the latest dated July 14, 2009. C. CITY desires to enter into this AMENDMENT NO. 2 to reflect additional services not included in the AGREEMENT, or prior amendments, to increase the total compensation. D. CITY desires to compensate CONSULTANT for additional professional services needed for PROJECT. E. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. 2," as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: ADDITIONAL SERVICES TO BE PERFORMED In addition to the services to be provided pursuant to the AGREEMENT and AMENDMENT NO. 1, CONSULTANT shall diligently perform all the services described in AMENDMENT NO. 2 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. 3. 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 One Million Four Hundred Sixty Six Thousand Seventy Seven Dollars and no /100 ($1,466,077.20) 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. 2, including all reimbursable items and subconsultant fees, in an amount not to exceed Sixty Nine Thousand Three Hundred Seventy Seven Dollars and no /100 ($69,377.00), 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. 2 IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 2 on the date first above written. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY Assistant City Attorney ATTEST: M Leilani I. Brown, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation By: City Manager CONSULTANT: BON TERRA CONSULTING (Corporate Officer) Title: Print (Financial Officer) Title: Print Name: Attachments: Exhibit A — Additional Services to be Performed k? Exhibit "A" SCOPE OF SERVICES Consultant shall perform the following Additional Services in support of the project EIR: Traffic Study 1. Develop average daily traffic (ADT) forecasts for all study scenarios for all roadway segments in the study area. 2. Revise intersection analysis and ADT forecasts to reflect the applicant project revisions submitted to the City in November 2009. 3. Update traffic report to incorporate the revised forecasts and Level of Service results. 4. Prepare a "Special Issues" discussion to address daily traffic volume forecasts and project impact in the Southwest Costa Mesa area. 5. Conduct freeway mainline analysis for all study scenarios through Year 2015 Cumulative, 6. Conduct analysis of alternative lane configurations for the main project entry at West Coast Highway. 7. Evaluate applicant's November 2009 revised project land use proposal with respect to impacts on up to 8 intersections. Forecast volumes will be reviewed with respect to flow conservation to and from adjacent intersection forecast volumes. Forecasts will also be compared across all project alternative scenarios and to previous analysis reasonableness. 8. Conduct Intersection Capacity Utilization (ICU) analysis for the 8 study intersections. 9. Identify daily traffic volumes for study area roadways. 10. Attendance of traffic consultant at 15 additional technical meetings and 8 additional team meetings. Visual Simulations 1. Prepare alternative view simulations as part of the EIR aesthetics analysis for three additional project views including: • Alternative locations for the resort hotel and residential land use • Proposed alternative location for pedestrian bridge over West Coast Highway • Alternative views of project roadway intersection at 19" Street. Air Toxic Health Risk Assessment 1. Prepare Revised Toxic Air Contaminant (TAC) Emission Inventories TAC emission inventories will be revised to address comments received from the City and applicant review of the second Draft HRA memorandum, Key changes will include the addition of a tractor mower to the existing oilfield fleet of equipment based on applicant input, incorporation of the applicant proposed revised number of dwelling units in specific portions of the project area, and subsequent incorporation of revised traffic analysis project trip rates per the traffic study. 12 2. Conduct Air Dispersion Modeling of Revised TAC Emissions Using the revised TAC emissions developed in 1, the dispersion of TACs will be analyzed using AERMOD, as described in the modeling protocol, to estimate annual average ground level concentrations. Pollutant concentration or health risk contour plots (isopleths) will not be developed as part of this task. 3. Conduct Human Health Risk Assessment of Revised TAC Concentrations Using the revised TAC concentrations developed in Task 2, the potential incremental chronic cancer risks and non - cancer hazards associated with the proposed project future scenario will be evaluated for the set of critical receptors developed under the original scope of work, dated May 29, 2009. Health risk isopleths currently are not included in this scope. 4. Incorporate Revisions into Documentation The revised findings of the Air Toxic Health Risk Assessment will be incorporated into a third Draft Health Risk Assessment technical memorandum for incorporation into the Draft EIR. W, AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH DEBORAH LINN d.b.a. LINN & ASSOCIATES FOR NEWPORT BANNING RANCH THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this 12th day of January, 2010, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "CITY"), and Deborah Linn doing business as Linn & Associates, whose address is 826 Molino Avenue, Long Beach, California 90804 ( "CONSULTANT"), and is made with reference to the following: RECITALS: A. On April 21, 2008, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT," for engineering services for the Newport Banning Ranch, hereinafter referred to as "PROJECT." B. CITY desires to enter into this AMENDMENT NO. 1 to reflect additional services not included in the AGREEMENT, to extend the term of 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. 1," as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: TERM The term of the AGREEMENT shall be extended to December 31, 2010. 2. 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. 1 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. 3. COMPENSATION City shall pay Consultant for the services on a time and expense 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, shall not exceed Two Hundred Forty Thousand Dollars and no /100 ($240,000.00) 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. 1, including all reimbursable items and all subconsultant fees, in an amount not to exceed Eighty Five Thousand Dollars and no 1100 ($90,000.00), 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. VA IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 on the date first above written. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By: Assistant City Attorney ATTEST: Leilani I. Brown, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation City Manager CONSULTANT: LINN & ASSOCIATES By: (Corporate Officer) Title: Print Name: M (Financial Officer) Title: Print Name: Attachments: Exhibit A — Additional Services to be Performed 3 Exhibit "A" SCOPE OF SERVICES Consultant will provide the following additional services: Additional project management and planning review services provided to the City of Newport Beach in conjunction with the processing of the Newport Banning Ranch development including but not limited to the following tasks: 1. On -going review of revisions to project application materials. 2. Review of Screencheck and Draft EIR. 3. Preparation of project schedules and memorandae. 4. Coordination of and attendance at bi- weekly project team meetings. 5. Monitor and coordinate work effort of City consultant team. 6. Attend project technical meetings with City's and applicant's consultant team. 7. Review and comment on project documentation provided by applicant and EIR consultant. 8. On -going coordination with City Planning Department and City Manager's Office on document review, resolution of issues, and project schedule monitoring. 9. Attend community meetings and public workshops as requested. 10. Preparation of staff reports for Planning Commission and City Council. 11. Attendance at public hearings and presentation of reports to public bodies. 4 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH RBF CONSULTING FOR NEWPORT BANNING RANCH THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this 12th day of January, 2010, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "CITY "), and RBF Consulting, whose address is 14725 Alton Parkway, Irvine, California 92618 -2027, P.O. Box 57057, Irvine, California 92619 -7057 ( "CONSULTANT "), and is made with reference to the following: RECITALS: A. On June 17, 2009, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT," for traffic engineering and development review services for the Newport Banning Ranch, hereinafter referred to as "PROJECT." B. CITY desires to enter into this AMENDMENT NO. 1 to reflect additional services not included in the AGREEMENT, to extend the term of 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. 1," as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of the AGREEMENT shall be extended to December 31, 2010. 2. 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. 1 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. 3. 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, excluding all reimbursable items but including all subconsultant fees, shall not exceed One Hundred Thousand Eighty Five Dollars and no /100 ($185,000) 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. 1, excluding all reimbursable items but including all subconsultant fees, in an amount not to exceed Eighty Five Thousand Dollars and no /100 ($85,000.00), 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. 2 IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 on the date first above written. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY Assistant City Attorney ATTEST: By: Leilani I. Brown, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation M City Manager CONSULTANT: RBF CONSULTING By: (Corporate Officer) Print Name: am (Financial Officer) Title: Print Name: Attachments: Exhibit A — Additional Services to be Performed 3 Exhibit "A" SCOPE OF SERVICES Consultant will provide the following additional services: Consultant will provide additional contract traffic engineering and development review services to the City of Newport Beach in conjunction with processing of the Newport Banning Ranch development. Mike Erickson will function on behalf of the City Public Works Department during the review of the development subdivision map application, coordinating the preparation of the traffic report in support of the Newport Banning Ranch EIR, reviewing the work product of the project traffic consultant, reviewing transportation and circulation issues associated with the project, reviewing and making recommendations on road alignments, intersection configurations and street sections, coordinating with OCTA during the processing of the project by the City and on any required cooperative MPAH study, preparing analyses and reports as required, monitoring schedules and taking actions as are necessary and appropriate to ensure that City- required reviews and actions take place in a timely manner. 121 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH RBF CONSULTING (NEWPORT BANNING RANCH) THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this 12th day of January, 2010, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "CITY"), and RBF CONSULTING, whose address is 14725 Alton Parkway, Irvine, California 92618 -2027, P.O. Box 57057, Irvine, California 92619 -7057 ( "CONSULTANT "), and is made with reference to the following: RECITALS: A. On June 17, 2009, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT," for traffic engineering and development review services in conjunction with processing of the Newport Banning Ranch development hereinafter referred to as "PROJECT." B. CITY desires to enter into this AMENDMENT NO. 1 to reflect additional services not included in the AGREEMENT, to extend the term of 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. 1," as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of the AGREEMENT shall be extended to December 31, 2010. 2. 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. 1 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. 3. 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 Amendment, including all reimbursable items and all subconsultant fees, shall not exceed One Hundred Thousand Eighty Five Dollars and no /100 ($185,000) 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. 1, including all reimbursable items and subconsultant fees, in an amount not to exceed Eighty Five Thousand Dollars and no /100 ($85,000.00), 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. 2 IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 on the date first above written. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY r Leonie H. Mulvihill Assistant City Attorney ATTEST: By: G 9 Leilani I. Brown, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation By:Arl David A. Kiff City Manager CONSULTANT: RBF CONSULTING By: ( (brpor to Officer) Title: Senior Vice President Print Name: Gary Armstrong By: AAXA inancial Officer) Title: Executive V.P. & CFO Print Name: Douglas J. Frost Attachments: Exhibit A — Additional Services to be Performed i Exhibit "A" SCOPE OF SERVICES Consultant will provide the following additional services: Consultant will provide additional contract traffic engineering and development review services to the City of Newport Beach in conjunction with processing of the Newport Banning Ranch development. Mike Erickson will function on behalf of the City Public Works Department during the review of the development subdivision map application, coordinating the preparation of the traffic report in support of the Newport Banning Ranch EIR, reviewing the work product of the project traffic consultant, reviewing transportation and circulation issues associated with the project, reviewing and making recommendations on road alignments, intersection configurations and street sections, coordinating with OCTA during the processing of the project by the City and on any required cooperative MPAH study, preparing analyses and reports as required, monitoring schedules and taking actions as are necessary and appropriate to ensure that City- required reviews and actions take place in a timely manner. M