HomeMy WebLinkAboutS13 - Newport Banning Ranch Development ApplicationCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No.S13
February 8, 2011
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
James Campbell, Acting Planning Director
949 -644 -3010, jampbell @newportbeachca.gov
SUBJECT: Amendment to Professional Services Agreements with RBF
Consulting for Services Related to Newport Banning Ranch
Development Application (PA2008 -114)
APPLICANT: Newport Banning Ranch, LLC
ISSUE:
City Council notification of amendment to professional services agreement 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) prior to its
amendment on January 25, 2011, the City Manager was authorized to execute
professional services agreements when payment would be from funds in an applicant
deposit account. The Manager was required to provide notice of a permit application
and a brief description of the proposed project to the City Council when the total cost for
services would exceed $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
PSA with Consulting Firms for Newport Banning Ranch
February 8, 2011
Page 2
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 a professional services agreement with RBF Consulting to
provide traffic and engineering services for the Newport Banning Ranch project. Those
services include: 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. As the project has advanced, the City has identified additional
services, over and above the scope of services approved in the initial agreement and
amendments to the agreement, which are required in order to complete the City's
review of the project. These additional services include coordination of traffic studies
required by OCTA for the MPAH amendment, finalizing the Draft EIR's transportation
section, assisting with responses to comments on the Draft EIR, and assisting with
preparation of staff reports and other documents for Planning Commission and City
Council consideration of the Banning Ranch project.
Amendment 3 to the agreement with RBF Consulting was in preparation at the same
time as the recent amendment to Policy F -14, and RBF was continuing its work on the
project. The City Manager executed the contract amendment prior to Council's
approval of the policy amendment, and this report complies with the policy in effect at
the time of execution. The contract amendment is attached and the original agreement
and earlier amendments are available for review in the Planning Division of the
Community Development Department.
The original agreement and Amendments No. 1 and 2 were for services to be provided
on a "time and expenses" basis in an amount not to exceed $265,000. The amendment
for the additional scope of work on a "time and expenses" basis is for an amount not to
exceed $84,000 bringing the total contract to an amount not to exceed $349,000.00.
Environmental Review:
Retention of consultants is not a projected as defined by CEQA.
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PSA with Consulting Firms for Newport Banning Ranch
February 8, 2011
Page 3
Funding Availability:
The entire cost of these consulting services will be reimbursed to the City by the
applicant, Newport Banning Ranch, LLC.
Submitted by:
James Campbe I
Acting Planning Director
Attachment:
Amendment No. 3 to PSA with RBF Consulting
;j
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
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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.
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IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. Three
on the dates written below.
APPROVED AS TO FORM:
OFFICE F CITY ATTORNEY
Date:
By - -- _ •.
Leonie Mulvihill
Assistant City Attorney qqp
ATTEST:
Date:
City Clerk
CITY OF NEWPORT BEACH,
A Califor is municipal corporation
Date: 1 2
By: LL--v
Davld,Aj Kiff
City Manager
CONSULTANT:RBF CONSULTING, a
California Corpporation
Date: 1- .11
Margit Allen
Vice President Planning
Date: �• z �. ��
By:
Douglasol Frost
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.
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