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HomeMy WebLinkAbout11 - CC-11 - Amendment No.1 to Professional Services - 9/6/2016CITY COUNCIL AGENDA REPORT MEETING DATE: SEPTEMBER 6, 2016 ITEM NUMBER: CC -1 1 SUBJECT: AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT PROVIDING ENVIRONMENTAL CONSULTING SERVICES FOR AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FOR REZONE R-15-01 AND PLANNING APPLICATION PA - 15 -30 FOR A SELF -STORAGE FACILITY AND RETAIL BUILDING AT 375 BRISTOL STREET DATE: AUGUST 25, 2016 FROM: DEVELOPMENT SERVICES DEPARTMENT — PLANNING DIVISION PRESENTATION BY: MEL LEE, SENIOR PLANNER FOR FURTHER INFORMATION CONTACT: MEL LEE, SENIOR PLANNER mel.lee@costamesaca.gov RECOMMENDED ACTIONS 1. City Council approve Amendment One to the Professional Services Agreement in the amount of $4,480 with a new contract total amount not to exceed $54,470 for Environmental Sciences Associates (ESA) with a term expiring on October 31, 2017; and 2. City Council authorize the Chief Executive Officer and City Clerk to accept and execute future amendments to the agreement. BACKGROUND Proposed Project The original proposed project involves the following: 1. Initial Study/Mitigated Negative Declaration (IS/MND): This document analyzes the environmental impacts of the proposed project. Significant environmental impacts are mitigated to below a level of significance. 2. Rezone R-15-01: An ordinance to rezone a 3.18 -acre site from PDC (Planned Development Commercial) to C2 (General Business District). 3. Planning Application PA -15-30: Conditional Use Permit PA -15-30 for the demolition of the existing automotive center (Bristol Autoplex) and the development of a two-story, 774 -unit mini -storage facility and 5,000 square foot food court building. No code deviations are requested. Request for Proposals and Consultant Qualification On August 28, 2015, a Request for Proposals (RFP) was released to qualified consulting firms to prepare the IS/MND. Environmental Science Associates (ESA) was selected as the most competitive consultant during the evaluation process. Because the original bid did not exceed $50,000.00, the Professional Services Agreement (PSA) was approved and executed by the Finance Department and the CEO's Office. On June 13, 2016, the above project was considered by the Planning Commission, which recommended denial of the project to the City Council by a 4-1 vote (Chair Dickson voting no). The denial was based on concerns expressed by the tenants in the existing retail center who would be displaced by the new development. In response, the applicant has revised the project to retain a portion of the existing retail development, which resulted in additional costs to the PSA totaling $4,480.00 for the environmental analysis for the revised project, which will be completed by the consultant once the amendment is approved and executed. The project will then be scheduled for public hearing review by the City Council. ALTERNATIVES CONSIDERED An alternative would be to reject the amendment and reinitiate the RFP process. The City's CEQA guidelines do allow environmental documents to be prepared by in-house staff. However, the nature, scope, and complexity of this project and current staff demands do not make this a viable or practical option. FISCAL REVIEW There is no fiscal impact because the cost for this contract is 100% funded by the applicant and deposited in a City account that is managed by the project planner. LEGAL REVIEW The attached draft professional services agreement has been reviewed and approved as to the form by the City Attorney's Office. There is no adverse legal impact anticipated by the Council taking the recommended action(s), based upon the documents and information provided to this office. CONCLUSION Staff recommends that the amendment be approved to allow the consultant to complete the work in a comprehensive and timely manner, based on their relevant experience and technical expertise. GARY ARMSTRONG, AICP Economic Development & Development Services Director/Deputy CEO MEL LEE, AICP Senior Planner STEPHEN DUNIVENT Interim Finance Director Attachment: Draft Professional Services Agreement Amendment No. 1 cc: Chief Executive Officer Assistant Chief Executive Officer Development Services Director/Deputy CEO Interim Assistant Development Services Director Interim Finance Director City Attorney Public Services Director Transportation Svs. Mgr. City Engineer City Clerk Staff File Annette Wiley, FAIA (Applicant) 220 Newport Center Drive, #11-166 Newport Beach, CA 92660 Sanderson J. Ray Development (Property Owner) 2699 White Road #150 Irvine, CA 92614 Arabesque Said-Abdelwahed Senior Associate ESA I Environmental Science Associates (Consultant) 2121 Alton Parkway, Suite 100 Irvine, CA 92606 ATTACHMENT I AMENDMENT NUMBER ONE TO PROFESSIONAL SERVICES AGREEMENT FOR ENVIRONMENTAL SERVICES This Amendment is made and entered into this day of September, 2016 ("Effective Date") by and between the CITY OF COSTA MESA, a municipal corporation ("City") and Environmental Sciences Associates, a California corporation ("Consultant"), and Sanderson J. Ray Development, a California Corporation ("Applicant"). WHEREAS, Consultant and City entered into an agreement on October 30, 2016, for Consultant to prepare an Initial study/Mitigated Negative Declaration as well as consultation for the Autoplex Project, as more fully described therein, (the "Agreement"); and WHEREAS, Consultant and City desire to amend the Agreement because the scope of services requires an adjustment of the amount of compensation by adding $4,480 to the existing compensation limit of $49,990, for a total not -to -be -exceeded amount of $54,470; and WHEREAS, Consultant and City desire to amend the Agreement to extend the term by one year. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Section 2.1 of the Agreement is deleted in its entirety and replaced by the following: I.I. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "C" attached hereto and make part of this Agreement ("Fee Schedule"). Consultant's total compensation shall not exceed Fifty -Four Thousand, Four Hundred Seventy Dollars ($54,470.00). 2. Section 4. 1, Term, of the Agreement is modified to extend the Term by one year to provide that the Agreement shall terminate on October 31, 2017, unless otherwise terminated as provided for in the Agreement of otherwise agreed to in writing by the parties thereto. 3. All terms not herein defined shall have the same meaning and use as set forth in the Agreement. 4. All other terms, conditions, and provisions of the Agreement not in conflict with this Amendment and previous Amendments, shall remain in full force and effect. 1 IN WITNESS WHEREOF, the Parties hereto have set their hand by their duly authorized representatives as of the day and year first above written. [Signatures appear on the following page.] 2 CITY OF COSTA MESA, A municipal corporation Date: Chief Executive Officer of Costa Mesa CONSULTANT, Environmental Sciences Associates Date: Signature Name and Title Social Security or Taxpayer ID Number APPLICANT Date: Signature Name and Title Social Security or Taxpayer ID Number APPROVED AS TO FORM: City Attorney APPROVED AS TO INSURANCE: Risk Management 3 Date: Date: APPROVED AS TO CONTENT: Project Manager DEPARTMENT HEAD APPROVAL Date: Date: Gary Armstrong, Development Services Director ATTEST: City Clerk and Ex -Officio Clerk of the City of Costa Mesa Date: Date: Stephen Dunivent, Interim Finance Director S