CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Jonathan Orduna, Community Development Director
DATE: July 19, 2022
SUBJECT: Approval of Amendment No. 8 to the Professional Services Agreement with Carlson Strategic Land Solutions, Inc. to Provide Environmental Consulting Services for a Residential Development Project (30667 Crown Valley Parkway)
RECOMMENDATION
Staff recommends that the City Council:
1. Approve Amendment No. 8 to the Professional Services Agreement with Carlson Strategic Land Solutions, Inc. to provide additional environmental consulting services for the proposed development of 22 residential townhomes located at 30667 Crown Valley Parkway for a total not to exceed amount of $23,216.50;
2. Approve a not-to-exceed 10% contingency of the total contract amendment with Carlson Strategic Land Solutions, Inc. in the amount of $2,321.65, if needed;
3. Recognize Planning (Department 21) Professional Services Revenue of $23,216.50 and appropriate $23,216.50 to the Planning (Department 21) Professional Services Expenditure Account for Fiscal Year 2022-2023; and,
4. Authorize the City Manager to execute Amendment No. 8 to the Professional Services Agreement between the City and Carlson Strategic Land Solutions, Inc., subject to the City Attorney making non-substantive changes.
BACKGROUND
On February 2, 2021, the City Council approved a Professional Services Agreement with Carlson Strategic Land Solutions, Inc. for environmental consulting services related to the "Cove El Niguel" project located at 30667 Crown Valley Parkway. The scope of work included the preparation of an Environmental Impact Report (EIR) to fulfill the requirements of the California Environmental Quality Act (CEQA). The cost for the proposed work, which was funded by the applicant, was not to exceed $122,000.00.
ANALYSIS
On May 19, 2022, Carlson Strategic Land Solutions, Inc. proposed providing revised noise study and analysis, additional geotechnical review, and increased project management and meetings to account for project revisions for a total not to exceed amount of $23,216.50, which would be funded by the applicant. The total cost of services would be increased from $122,000.00 to $145,216.50 to complete the additional services.
Carlson Strategic Land Solutions, Inc. has the capability and experience to perform all remaining work items and has extensive involvement and knowledge of the proposed project. Staff recommends approval of Amendment No. 8 to the PSA with Carlson Strategic Land Solutions, Inc., for a total not to exceed amount of $23,216.50 (Attachment "A"). The applicant is aware of the proposal and is in support of the recommendation.
ALTERNATIVES CONSIDERED
The City Council may decide not to approve Amendment No. 8 to the PSA with Carlson Strategic Land Solutions, Inc., and direct City staff to issue a Request for Proposal to other environmental consultants to prepare the required EIR. This alternative is not recommended as it would likely result in substantial delays, cost, and would not be expected to yield a superior work product.
FISCAL REVIEW
Associated expenses for Carlson Strategic Land Solutions, Inc. services would be offset by an equal amount of revenue deposited by the applicant. The requested budget appropriation of $23,216.50 for Fiscal Year 2022-23 would be offset by an equal amount of revenue received from the applicant.
LEGAL REVIEW
The City Attorney has reviewed and approved the Professional Services Agreement Amendment and this staff report as to form.
CONCLUSION
Staff recommends that the City Council:
1. Approve Amendment No. 8 to the Professional Services Agreement with Carlson Strategic Land Solutions, Inc. to provide additional environmental consulting services for the proposed development of 22 residential townhomes located at 30667 Crown Valley Parkway for a total not to exceed amount of $23,216.50;
2. Approve a not-to-exceed 10% contingency of the total contract with Carlson Strategic Land Solutions, Inc. in the amount of $2,321.65, if needed;
3. Recognize Planning (Department 21) Professional Services Revenue of $23,216.50 and appropriate $23,216.50 to the Planning (Department 21)
Professional Services Expenditure Account for Fiscal Year 2022-2023; and,
4. Authorize the City Manager to execute Amendment No. 8 to the Professional Services Agreement between the City and Carlson Strategic Land Solutions, Inc., subject to the City Attorney making non-substantive changes.
Tamara S. Letourneau Kevin G. Ennis
City Manager City Attorney
Jonathan Orduna Hannah Tamaddon
Community Development Director Administrative Secretary Attachment:
A. Amendment No. 8 to the Professional Services Agreement with Carlson Strategic Land Solutions, Inc.
ATTACHMENT A
Amendment No. 8 to the Professional Services Agreement
with Carlson Strategic Land Solutions, Inc.
AMENDMENT NO. 8 TO AGREEMENT FOR PROFESSIONAL SERVICES
ON-CALL ENVIRONMENTAL CONSULTING SERVICES
THIS AMENDMENT NO. 8 TO THE AGREEMENT ("Amendment No. 8") for Professional Services is entered into on
of Laguna Niguel, a municipal corporation, hereinafter the "City", and Carlson Strategic Land Solutions, a California corporation hereinafter the "Consultant" RECIIALS:
1. Original Contract
A. On February 19, 2020, the City entered into a Professional Services Agreement with the Consultant to provide CEQA Review Services on an as needed basis to support the Community Development Department ("Agreement").
B. The Agreement states that upon the request by the City, the scope of services shall be established on a per project basis. The Agreement term including any subsequent Amendments, is scheduled to expire on June 30, 2025.
2. Amendment Nos. 1 through 6
A. The City entered into Amendment Nos. 1 through 6 to the Agreement with the Consultant to provide professional services for specific projects. Due to their similar scope and to streamline contract management, Amendment Nos. 1, 2, 5 and 6 were terminated effective on November 2, 2021.
B. Amendment Nos. 3 and 4, which pertain to special projects and which maintenance and tracking of individual contract Amendments has been deemed beneficial, remain in effect through the original contract term of June 30, 2025.
3. Amendment No. 7
A. On November 2, 2021, the City entered into Amendment No. 7 to the Agreement ("Amendment No.7") with the consultant to further improve department operating efficiency and delivery of service.
B. The purpose of Amendment No. 7 was to provide the requested general on- call services on an as needed basis through completion of the original contract term, June 30, 2025.
4. Amendment No. 8
1 A. The purpose of this Amendment No. 8 to the Agreement with the Consultant is to provide further revised CEQA analysis and additional project management and meetings for the Cove El Niguel project due to project revisions, a identified in Exhibit A-8 ("Proposal"), in the amount not to exceed $23,216.50.
With the approval of this Amendment No. 8, the total cost of services would increase from $122,000.00 to $145,216.50 to complete the additional services.
B. City now desires to enter into Amendment No. 8 to the Agreement ("Amendment No. 8"') with the Consultant to perform all the requested services identified in Exhibit "A-8", attached hereto and incorporated herein.
AGREEMENI:
NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and covenants herein contained, the parties hereto agree as follows:
1. Services to be Performed by Consultant. Consultant agrees to perform on-call professional services for the City and to prepare and deliver the work products to the City, in a manner satisfactory to City, per the Agreement and as further defined in Exhibit "A-8."
2. Additional or Different Services. Any proposed changes in the Proposal, which is the subject of this Amendment, shall be made only by written amendment to this Amendment No. 8 to the Agreement.
3. Term. This Amendment No. 8 shall become effective the date stated above and will continue in effect until the work required by this Amendment No. 8 is completed or the Agreement expires, whichever comes first, subject to termination as provided in paragraph 29 of the Agreement except the indemnification provisions contained in paragraph 19 of the Agreement shall remain in full force and effect after Amendment No. 8 is terminated.
4. Payment for Services. City agrees to pay Consultant for providing the professional services, which are described in Exhibit "A-8," and to pay for those services in the amount and in the manner and at the times set forth in Exhibit "A-8," in an annual amount not-to-exceed Twenty-Three Thousand Two Hundred Sixteen Dollars and Fifty Cents ($23,216.50). Consultant shall invoice the City monthly on a time and materials basis.
City shall pay all proper invoices within thirty (30) days of receipt. Should City wish to dispute an invoice, it must do so in writing within twenty (20) days of receipt. Otherwise, invoices shall be deemed accurate and payable according to the terms thereof.
A ten percent (10%) contingency allowance of the total contract value in the amount of Two Thousand Three Hundred Twenty-One Dollars and Sixty-Five Cents ($2,321.65) shall be added to the Consultant's total bid proposal to account for unforeseen conditions or additional work related to this Project. The allowance shall be used solely by the City 2 to address any unforeseen or additional work related to the Project. The Consultant shall obtain written approval from the City for the use of the allowance, which approval shall not be unreasonably withheld or delayed.
5. Continuation of Terms and Conditions of the Agreement. Except as otherwise expressly provided in this Amendment No. 8, all terms and conditions of the Original Agreement, as amended by Amendment Nos. 3, 4, and 7, shall remain in full force and effect and shall apply to the performance of services pursuant to this Amendment No. 8.
6. Authority to Sign. The persons executing this Amendment No. 8 on behalf of the Consultant warrants and represents that they have the authority to execute this Amendment No. 8 on behalf of the Consultant and have the authority to bind the Consultant to the performance of the obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 8 as of the date first above written.
"CITY"
CITY OF LAGUNA NIGUEL
By:
Tamara S. Letourneau
City Manager
ATTEST:
Thy M. Merritt
Deputy City Clerk
APPROVED AS TO FORM BY THE
CITY ATTORNEY FOR THE
CITY OF LAGUNA NIGUEL,
CALIFORNIA
Kevin G. Ennis, Esq.
City Attorney
"CONSULTANT"
CARLSON STRATEGIC LAND SOLUTIONS
a California corporation
i Name: -
Title:
EXHIBIT "A-8"
PROPOSAL
5 CARLSON STRATEGIC LAND SOLUTIONS, INC.
May 19, 2022
Amber Gregg
Laguna Niguel, CA 92677
Subject: Change Order for Preparation of an EIR for Crowne Cove Dear Amber:
We are currently under contract with the City to prepare the ER for The Cove at El Niguel. Below is a table summarizing the status ofour contract.
Task Name Budgeted Actual Invoiced Remain in Proposed
Fees Feas budget Change
Order
Task 1 Kick-off Meeting 1,770.00 1,770.00 1,770.00 0.00 Task 2 Review of Applicant Prepared
Technical Studies 7,360.00 7,245.00 7,245.00 115.00
Task 3 Prepare Additional Technical Studies 17,000.00 16,597.25 16,597.25 402.75 Task 4 Preparation of Initial Study 10,740.00 15,041.50 10,054.00 (4,301.50) 4,301.50 Task 5.1 Prepare and Distribute Notice of
Preparation 1,320.00 1,320.00 1,320.00 0.00
Task 5.2 Scoping Meeting 2,100.00 2,100.00 2,100.00 0.00 Task 5.3 Draft EIR 50,030.00 63,945.00 50,015.00 (13,915.00) 13,915.00 Task 5.4 Prepare Final EIR 21,760.00 475.00 100.00 21,285.00 Task 6 Meetings, Public Hearings 8,000.00 6,062.50 5,000.00 1,937.50 5,000.00 $ 23,216.50
Due to several changes in the project that were unanticipated at the time ofour proposal, we have exceeded budget for several tasks. Changes to the budget include revised noise study and analysis, additional geotechnical review, comments from the applicant team, and revised park/recreation/open space analysis.
We propose a change order of $23,216.50 to account for the additional work performed. Part ofthis change order includes $5,000 to augment the meetings budget. Our initial budget did not account for the extensive team calls and as such, we do not have enough budget remaining for additional team calls and the public hearings. We propose a $5,000 budget augment, which provides for an additional 25 hours of time for meetings, public hearing preparation, and public hearings.
Carlson Strategic Land Solutions | 27134A Paseo Espada, Suite 323, San Juan Capistrano, California 92675 The Cove Change Order
May 19,2022
At this point in the project, we assume the budget is sufficient for preparation ofthe Final EIR, however, we have not received all public comments on the Draft EIR. Ifthe public comments are extensive, we may need to request additional budget to complete the Final EIR.
We appreciate being part of your team. Please let me know if you have any questions.
Sincerely,
PERILL
Peter K. Carlson
President
Carlson Strategic Land Solutions | 27134A Paseo Espada, Suite 323, San Juan Capistrano, California 92675