HomeMy WebLinkAbout05 - CEQA Documents for West Coast Hwy at Dover Drive ProjectCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 5
April 11, 2006
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Patty Temple, Planning Director
949/644 -3228 ptemple @city.newport- beach.ca.us
SUBJECT: Amendment to Professional Services Agreement for preparation of CEQA
documents for a project on West Coast Highway at Dover Drive
RECOMMENDATIONS
1) Approve an Amendment to the Professional Services Agreement with RBF
Consulting of Irvine, California, for additional work required in conjunction with
preparation of an Initial Study and Mitigated Negative Declaration for an
additional amount not to exceed $5,795; and
2) Authorize City Manager to sign Agreements.
DISCUSSION
In July 2004, City Council approved a Professional Services Agreement with RBF for
$64,540 for preparation of appropriate environmental documentation for the proposed
Mariner's Mile Gateway project at West Coast Highway and Dover Drive. Due to
subsequent changes to the project and expiration of the original Agreement, a new
agreement including Scopes of Work of both the original agreement and of an
Amendment for additional work in the amount of $46,455 was approved by City Council
on October 25. 2005.
On January 24, 2006, an Amendment to the new agreement was approved by City
Council for preparation of a conceptual roadway plan for West Coast Highway at a cost
of $10,500. RBF has requested a final Amendment to the agreement in the amount of
$5,795 to cover the costs for providing written responses to comments received on the
Mitigated Negative Declaration and for additional copies of the Mitigated Negative
Declaration and Technical Appendices. Since written responses are not required by
PSA for RBF Consulting
April 11, 2006
Page 2
law, this task was not included in the previous Scope of Work and was subsequently
completed at the request of City staff.
A Scope of Work and a Schedule of Compensation for preparation of Responses to
Comments and for additional copies of the Mitigated Negative Declaration (MND) and
Technical Appendices are included in "Amendment No. 2 to Professional Services
Agreement' (Attached). Associated costs are as follow:
Response to Comments
Additional MND Copies
(30 hours for 27 responses $3,000
plus technical memoranda)
15 @ $25 each
Additional Technical Appendices 22 @ $110 each
Amendment No. 2 Total
375
2,420
$5,795
The fees for the additional hours and additional document copies have been reviewed by
staff and are considered appropriate and warranted.
Funding Availability
The cost for work performed under the original Professional Services Agreement and for
work performed consistent with this Amendment to the Professional Services
Agreement are the responsibility of the applicant, Allied Retail Partners.
Submitted by: Prepared by:
PATRICIA TEMPLE
Planning Director
AVID PO
Hogle- Ireland, Inc.
Project Planner
Attachments: 1. Draft Amendment No. 2 to Professional Services Agreement
AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH
RBF CONSULTING FOR CECIA DOCUMENTS FOR PROJECT ON WEST COAST
HIGHWAY AT DOVER DRIVE
THIS AMENDMENT is made and entered into as of this 11th day of April, 2006, by and
between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and RBF
CONSULTING, a corporation, whose address is 14725 Alton Parkway, Irvine, California
92618 ( "Consultant "), and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. On July 26, 2004, City and Consultant entered into a Professional Services
Agreement ('Initial Agreement') for preparation of a mitigated negative
declaration and other environmental documents in accordance with the California
Environmental Quality Act for the project located at the northwesterly corner of
Dover Drive and West Coast Highway in Newport Beach, California, and after
expiration of that agreement, City and Consultant on October 25, 2005, entered
into a successive Professional Services Agreement ( "Agreement') including
tasks from the initial Professional Services Agreement and additional tasks for
completion of the mitigated negative declaration, and on January 24, 2006, City
Council approved an amendment ( "Amendment No. 1 ") to the agreement of
October 25, 2005, for additional tasks for completion of the mitigated negative
declaration.
C. Consultant performed certain of the duties set forth in the Initial Agreement, the
Agreement, and in Amendment No. 1 and was paid for such duties consistent
with the Agreement.
D. City desires to have Consultant complete additional duties determined necessary
in addition to all duties set forth in the Agreement and Amendment No. 1 thereto
and not previously completed.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached to the Agreement and Amendment No. 1 thereto and all the
services described in the Scope of Services attached hereto as Exhibit A and
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incorporated herein by reference. The City may elect to delete certain tasks of
the Scope of Services attached hereto at its sole discretion.
3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section, the Schedule of
Compensation attached hereto as Exhibit B and incorporated herein by
reference, and the Billing Rates attached hereto as Exhibit C and incorporated
herein by reference.
Consultant's compensation for all work performed in accordance with the Initial
Agreement, the Agreement, with Amendment No. 1, and with this Amendment,
including all reimbursable items and subconsultant fees, shall not exceed ONE
HUNDRED TWENTY -SEVEN THOUSAND TWO HUNDRED NINETY AND
NO /100 ($127,290.00) without additional authorization from City. Consultant's
compensation includes the Agreement amount of One Hundred Ten Thousand
Nine Hundred Ninety -Five Dollars and No /100 ($110,995.00), the Amendment
No. 1 amount of Ten Thousand Five Hundred Dollars and No /100 ($10,500), and
an amount for Amendment No. 2 approved hereunder of Five Thousand Seven
Hundred Ninety -Five Dollars and No /100 ($5,795). No billing rate changes shall
be made during the term of this Amendment without the prior written approval of
City.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
Robin Clauson, City Attorney
for the City of Newport Beach
ATTEST:
By:
LaVonne Harkless,
City Clerk
I•:
CITY OF NEWPORT BEACH,
A Municipal Corporation
In
Homer Bludau, City Manager
for the City of Newport Beach
CONSULTANT:
M
Gary Armstrong,
Senior Vice President
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Compensation
5
EXHIBIT "A"
SCOPE OF SERVICES
Response to Comments
While the California Environmental Quality Act does not require preparing written response
to comments on a Mitigated Negative Declaration, City staff determined preparation of
responses to comments would be prudent. RBF prepared written responses to three State
agencies, and 24 residents or local groups. In addition, RBF prepared two technical
memoranda, one on air quality and one on traffic, in response to comments raised by the
Planning Commission. A total of 30 staff hours were necessary to prepare the response to
comments and technical memoranda on air quality and traffic.
Additional Reimbursable Expenses
City Staff requested additional copies of both the Mitigated Negative Declaration and
Technical Appendices. In total, an additional 15 copies of the Mitigated Negative
Declaration and 22 copies of the Technical Appendices were requested and provided. The
cost for a Mitigated Negative Declaration document with a CD of the Technical Appendices
is $25.00 per copy. The cost for the Technical Appendices is $110.00 per copy. The total
cost for additional reimbursable expenses is $2,795.
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EXHIBIT "B"
SCHEDULE OF COMPENSTATION
Response to Comments
Additional MND Copies
(30 hours for 27 responses $3,000
plus technical memoranda)
15 @ $25 each
Additional Technical Appendices 22 @ $110 each
Amendment No. 2 Total
375
2,420
$5,795
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EXHIBIT "C"
BILLING RATES (HOURLY)
OFFICE PERSONNEL
$ / Hr.
SeniorPrincipal .....................................................................................................
............................... $215.00
Principal..................................................................................................................
............................... 195.00
ProjectDirector .......................................................................................................
............................... 175.00
ProjectManager ......................................................................................................
............................... 152.00
StructuralEngineer .................................................................................................
............................... 152.00
ElectricalEngineer ..................................................................................................
............................... 134.00
Senior Engineer /Senior Planner.................................. ... ... ..................................................................
.. . 135.00
LandscapeArchitect ...............................................................................................
............................... 123.00
Project Engineer /Project Planner ............................................................................
............................... 116.00
EnvironmentalSpecialist .........................................................................................
............................... 112.00
CorrosionEngineer .................................................................................................
............................... 112.00
Design Engineer /Senior Designer/ Mapper ..............................................................
............................... 108.00
Designer / Planner ......................................................................................................
............................... 94.00
GISAnalyst ..................................................................................... ...............................
..........................90.00
GraphicArtist ............................................................................................................
............................... 80.00
Environmental Analyst/Staff Planner .........................................................................
............................... 80.00
DesignTechnician ....................................................................................................
............................... 78.00
Assistant Engineer / Planner .......................................................................................
............................... 74.00
Engineering Aid /Planning Aid ....................................................................................
............................... 60.00
2- Person Survey Crew ......................................................................................... ............................... $200.00
1- Person Survey Crew .......................................................................................... ............................... 145.00
FieldSupervisor .................................................................................................... ............................... 138.00
CONSTRUCTION MANAGEMENT PERSONNEL
ConstructionManager ...........................................................................................
............................... $150.00
Resident Engineer /Project Manager .......................................................................
............................... 127.00
Senior Construction Inspector ...................................................................................
............................... 98.00
ConstructionInspector ..............................................................................................
............................... 95.00
FieldOffice Engineer ................................................................................................
............................... 90.00
ConstructionTechnician ................................................................. ...............................
.......................... 78.00
OTHER SERVICES AND FEES
PermitProcessor .................................................................................................... ............................... $95.00
ClericalNVordProcessing .......................................................................................... ............................... 50.00
Consultation Relative to Legal Actions .................................................................... ............................... 270.00
VehicleMileage ................................................... ...................................... .................... ...................... 0.50 /mile
Note:
Blueprinting, reproduction, messenger service and other direct expenses will be charged as an additional cost plus 15 %. A Sub- consultant
Management Fee of fifteen- percent (15 %) will be added to the direct cost of all sub - consultant services to provide for the cost of administration, sub -
consultant consultation and insurance.
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