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Home My WebLink About08 - Amendment No. 3 to Professional Services Agreement for Airport Consulting ServicesPORT CITY OF O � _ i NEWPORT BEACH City Council Staff Report <i FO RN July 23, 2019 Agenda Item No. 8 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Grace K. Leung, City Manager - 949-644-3001, gleung@newportbeachca.gov PREPARED BY: Tara Finnigan, Deputy City Manager, tfinnigan(a)_newportbeachca.gov PHONE: 949-644-3035 TITLE: Amendment No. 3 to Professional Services Agreement for Airport Consulting Services ABSTRACT: Tom Edwards provides airport -related and airport policy implementation consulting services to the City of Newport Beach. Staff recommends approval of an amendment to the Airport Policy Implementation Services Agreement to extend the term for one additional year and to increase the not -to -exceed amount of the agreement. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve Amendment No. Three to the Professional Services Agreement with Thomas Cole Edwards, Inc. to increase the not -to -exceed amount by $85,000 for a total not - to -exceed amount of $272,500, and authorize the Mayor and City Clerk to execute the amendment. FUNDING REQUIREMENTS: The current adopted budget includes sufficient funding for these services. It will be expensed to the account in the City Manager's Office, 0102001 811008. DISCUSSION: Tom Edwards has been a consultant for the City of Newport Beach (City) on airport issues since 2008. Mr. Edwards assists the City Manager's Office and City Council in a variety of tasks related to aviation and John Wayne Airport (JWA). He follows up on community noise concerns, responds to overflight questions, participates in Aviation Committee meetings, monitors Federal Aviation Administration actions, and follows trends in aviation, airports, and the airline industry. He also advises the City on JWA operations, NextGen and the General Aviation Improvement Program (GAIP). WE Amendment No. 3 to Professional Services Agreement for Airport Consulting Services July 23, 2019 Page 2 Further, Mr. Edwards assists staff by responding to JWA-related questions from Newport Beach residents and he meets, when requested, with members of Stop Polluting our Newport, Airport Working Group, Citizens Against Airport Noise and Pollution, homeowners' associations, and other local organizations to help address their questions or concerns. The amendment proposed would be under the same conditions as previous contracts. If approved, Mr. Edwards would continue to receive $5,000 per month for the first 25 hours of work provided. Any additional hours would be billed at the rate of $300 per hour and would require approval by the City Manager's Office. This past year, staff has assigned additional work to Mr. Edwards, as the City has continued to investigate opportunities that could help mitigate the impacts of NextGen and overflight noise and pollution, and invested a significant amount of time and resources toward efforts to contain possible further impacts related to the GAIP. This has resulted in Mr. Edwards' billing an average of 10 additional hours per month. Staff believes the workload will lessen slightly this year and is therefore requesting a contract amount not -to -exceed $85,000 for the one-year term, for a total not -to -exceed limit of $272,500. With the airport remaining one of the City's top priorities for FY 2019-20, and with NextGen-related projects and GAIP developments pending, staff views Mr. Edwards as a key member of the City project team and greatly value his assistance responding to the community's questions and concerns. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENT: Attachment — Amendment No. 3 to Professional Services Agreement ATTACHMENT A AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT WITH THOMAS COLE EDWARDS, INC. FOR AIRPORT POLICY IMPLEMENTATION SERVICES THIS AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. Three") is made and entered into as of this 23rd day of July, 2019 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and THOMAS COLE EDWARDS, INC., A PROFESSIONAL CORPORATION, a California corporation ("Consultant"), whose address is 1235 North Harbor Blvd., Ste 200, Fullerton, CA 92832, and is made with reference to the following: RECITALS A. On May 23, 2017, City and Consultant entered into a Professional Services Agreement ("Agreement") to engage Consultant to support and assist in coordinating the implementation of the City's Airport Policy ("Project"). B. On May 22, 2018, City and Consultant entered into Amendment No. One to the Agreement to extend the term of the Agreement, to increase the total compensation, and to update the insurance requirements. C. On April 16, 2019, City and Consultant entered into Amendment No. Two to the Agreement to extend the term of the Agreement, and to increase the total compensation. D. The parties desire to enter into this Amendment No. Three to extend the term of the Agreement to July 23, 2020 and to increase the total compensation due to an unanticipated increase in the volume of Work necessary. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows. - 1 . ollows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on the Effective Date, and shall terminate on July 23, 2020, unless terminated earlier as set forth herein." 2. COMPENSATION TO CONSULTANT Section 4.1 of the Agreement is 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 hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Two Hundred Seventy W Two Thousand Five Hundred Dollars and 001100 ($272,500.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." 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 Five Thousand Dollars and 001100 ($85,000.00). 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Thomas Cole Edwards, Inc. Page 2 WE IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:?.O By Aaron C. Harp"' �• u•cq City Attorney ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Diane B Mayor Dixon CONSULTANT: Thomas Cole Edwards, Inc., a Professional Corporation, a California corporation Date: By: Thomas Cole Edwards President and Chief Financial Officer [END OF SIGNATURES] Thomas Cole Edwards, Inc. Page 3 8-5