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Home My WebLink About14 - Newport Banning Ranch Development ApplicationCITY 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 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 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 lofting 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. AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH BON TERRA CONSULTING FOR NEWPORT BANNING RANCH THIS AMENDMENT PO. 3 TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this 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 Million, 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 term 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. `a 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 B y: Leonie Mulvihill Assistant City Attorney ATTEST: By. &UM V. �w� Leilani I. Brown City Clerk w. .w CITY OF NEWPORT BEACH, A Municipal Corporation By:�— Da'M A. Kiff City Manager CONSULTANT: BONTERRA CONSULTING Bf �-- (Corporate Officer) Title:°�ile Print Name: /�:v �rilci f C✓s (Financial fficer) Title: AM/ `'��. Print Name: Attachment: Exhibit A — Scope of Services ' 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. ll 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. Proiect 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. G i I C Q N S U t T 1 N G An Environmental Planning/Resource Management Corporation Task Employee Hours Rate Subtotal Augment Request �� ?,%^ >'s. 4'F% Y� #+�7�s�YWN AWN i�' Draft EIR K. Brady :,.'r! 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 b'vbh Administration 0.0 $ - $ 713.90 irn �iF[.f � � 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 Total Professional Fees $ 332,677.38 SUBCONSULTANT/TECHNICAL REP V R I,$ 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 5 C 0 N S U L T I N G An Environmental Planning /Resource Management Corporation , ' c..Ua.. R°<oM.:Ze.. d ..{ >a �- .s,.ew:'s+s"'i;- �i . _fi'. .. , e ., "0 , s .:.,^ 2 Task Employee Hours Rate Subtotal Augment Request �J ' ar` ;e• »%m§"a`— `�3'•ar s a 1 t'r s �.. c,�.4e ,...; r.t iar'i`.zk'�fi?3:," . b; . '2vsY':.k�,T" ESTIMATED DIRECT COSTS Item Subtotal Requested Augment 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 Na oN01&Auumen1.081610. %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 PROFESSIONAL SERVICES AGREEMENT, is entered into as of this 2�`'r day of � 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: OFFICE OF THE CITY ATTORNEY By: l^Y vVVI�-� Leonie Mulvihilf Assistant City Attorney ATTEST: n By. 1��)AJAO /- Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation By: t DaW A. Kiff City Manager CONSULTANT: [INSERT NAME] i By: �i Corporate Officer) Title: Print Name :-1 5/ga (Financial Officer) Title: Print Name: Attachment: Exhibit A -Scope of Services 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. 10.Attendance at public hearings and presentation of reports to public bodies. 0 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 _Iltt_ day of PrY , 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 .OAL=�hlllbv- Leonie Mulvihill y Assistant City Attorney ATTEST: By: 4, ` hw--� Leilani t. Bro n Citv Clerk CITY OF NEWPORT BEACH, A Municipal Corporation Da A. Kiff City Manager CONSULTANT: RBF Consulting (Corporate Officer) Title: Vice President Print Name: Margit Allen By: O A4 (F ncia Officer) _... Exec u ' e VP & CFO Print Name: Douglas J. Frost Attachment: Exhibit A — Scope of Services P 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. Il