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