CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
1989
To: Honorable Mayor and Council Members
FROM: Jonathan Orduna, Community Development Director
DATE: November 19, 2024
SUBJECT: Approval of Amendment No. 2 to the Professional Services Agreement to Provide Additional Environmental Consulting Services for the Proposed Paseo De Colinas Townhomes Development
RECOMMENDATION
Staff recommends that the City Council:
1. Approve Amendment No. 2 to the Professional Services Agreement to provide additional environmental consulting services for the proposed Paseo De Colinas Townhomes development for an amount not-to-exceed $17,960;
2. Approve a not-to-exceed 10% contingency of the total contract in the amount of $1,796, if needed;
3. Authorize the City Manager to execute Amendment No. 2 to the Professional Services Agreement and future amendments to the agreement, subject to the City Attorney making non-substantive changes; and,
4. Approve a budget appropriation for a pass-through amount of $17,960. The costs associated with these services will be paid by the property owner, Capistrano Unified School District.
BACKGROUND & ANALYSIS
On February 1, 2022, the City Council approved Amendment No. 1 to the Professional Services Agreement (PSA) with Michael Baker International for environmental consulting services related to the proposed development of residential townhomes on 2.5 acres of property "Paseo De Colinas Townhomes," located at 29001 Paseo De Colinas, currently owned by the Capistrano Unified School District (CUSD) and adjacent to Niguel Hills Middle School. In accordance with the California Environmental Quality Act (CEQA) guidelines, the scope of work included environmental analysis and preparation of an Initial Study and Mitigated Negative Declaration. The cost for the proposed work, which was fully funded by the applicant, was not-to-exceed $88,875.
Since this date, staff has been processing the proposed development application (General Plan Amendment GPA 21-02, Site Development Permit SDP 20-02, and Tentative Tract Map (No. TBD)) to develop 38 townhomes on the 2.5-acre property.
Michael Baker International completed a public review draft Initial Study/Mitigated Negative Declaration (IS/MND) pursuant to the California Environmental Quality Act to evaluate potential impacts to the environment from the proposed project. Subsequent to preparation of the document, the applicant modified the project scope, which now includes development of 24 townhomes and a 1-acre irrevocable offer of dedication to the City for open space. As such the draft IS/MND will need to be updated to reflect the scope of the currently proposed project.
On October 8, 2024, Michael Baker International provided a revised scope of work to include updating the CEQA analysis and provide additional project management and attendance at public meetings to account for the project revisions, for a total not to exceed amount of $17,960, which would be fully funded by the applicant. The total cost of services would be increased from $88,875 to $106,835 to complete the additional services.
Michael Baker International has the capability and experience to perform all remaining work items and has extensive involvement in and knowledge of the proposed project.
Staff recommends approval of Amendment No. 2 to the PSA with Michael Baker International for a total not-to-exceed amount of $17,960, as described in 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. 2 to the PSA with Michael Baker International and direct staff to issue a Request for Proposal to other environmental consultants to prepare the required CEQA technical studies. 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 Michael Baker International services will be offset by an equal amount of revenue deposited by the applicant resulting in no overall net impact to the City's operating budget. A budget appropriation of $17,960 is requested for Fiscal Year 2024-25 for Budget Account No. 100-21-6700 (expense). A corresponding revenue adjustment of $17,960 is proposed for Budget Account No. 100-21-3316 (revenue).
LEGAL REVIEW
The City Attorney has reviewed and approved the Amendment and this staff report as to form.
CONCLUSION
Staff recommends that the City Council:
1. Approve Amendment No. 2 to the Professional Services Agreement to provide additional environmental consulting services for the proposed Paseo De Colinas Townhomes development for an amount not-to-exceed $17,960;
2. Approve a not-to-exceed 10% contingency of the total contract in the amount of $1,796, if needed;
3. Authorize the City Manager to execute Amendment No. 2 to the Professional Services Agreement and future amendments to the agreement, subject to the City Attorney making non-substantive changes; and,
4. Approve a budget appropriation for a pass-through amount of $17,960. The costs associated with these services will be paid by the property owner, Capistrano Unified School District.
Jamase S Aetorsau arte
Tamara S. Letourneau Scott C. Smith
City Manager City Attorney
allan Glen Fate than
Jonathan Orduna Katie Crockett
Community Development Director Planning Manager
Hannah Tamaddon
Management Analyst
Attachment:
A. Amendment No. 2 to the Professional Services Agreement with Michael Baker International
ATTACHMENT A
Amendment No. 2 to the Professional Services Agreement
with Michael Baker International
AMENDMENT NO. 2 TO AGREEMENT FOR PROFESSIONAL SERVICES
ON-CALL CEQA REVIEW SERVICES
THIS AMENDMENT NO. 2 TO THE AGREEMENT ("Agreement") for Professional Services is made and entered on
Pensyania copration, horne ne consula and Mical are rena an a Pennsylvania corporation,
RECIIALS:
1. Original Contract
A. On February 20, 2020, the City entered into a Professional Services Agreement with the Consultant to provide on-call CEQA Review Services for the Community Development Department on an as needed basis through June 30, 2025 ("Agreement").
B. The terms of the Agreement require the scope of services to be established on a per project basis upon request by the City and provides that the Agreemen erm including any subsequent Amendments, will continue through June 30 2025.
2. Amendment No. 1
A. On February 1, 2022 the Parties entered into Amendment No. 1 to the Agreement in order to expand the scope of services to provide Environmental Consulting Services for the Paseo de Colinas Townhomes project ("Amendment No. 1"').
Amendment No. 1. provides Consultant shall perform the requested services identified in the Proposal for Services, dated January 3, 2022, which is attached hereto as Exhibit "A-1" (the "Proposal")
3. Amendment No. 2
A. The City now desires to enter into this Amendment No. 2 to the Agreement with the Consultant to provide further revised CEQA analysis and additional project management and meetings due to project revisions, as identified in Exhibit "A- 2" in the amount not to exceed Seventeen Thousand Nine Hundred Sixty Dollars ($17,960.00). With the approval of this Amendment No. 2, the total cost of services would increase from $88,875.00 to $106,835.00 to complete the additional services.
1 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 per this Amendment No. 2 as further defined in Exhibit "A-2" dated October 8, 2024.
2. Additional or Different Services. Any proposed changes in the Scope of Services (Exhibit "A-2") shall be made only by written amendment to this Amendment No. 2.
3. Term. This Amendment No. 2 shall become effective the date stated above and will continue in effect until the work required by this Amendment No. 2 is completed, subject to termination as provided in paragraph 31 of the Agreement except the indemnification provisions contained in paragraph 19 of the Agreement shall remain in full force and effect after Amendment No. 2 is terminated.
4. Payment for Services. City agrees to pay Consultant for providing the professional services which are described in Exhibit"A-2," and to pay for those services in the amount and in the manner and at the times set forth in Exhibit "A-2," in an amount not to exceed Seventeen Thousand Nine Hundred Sixty Dollars ($17,960.00).
A ten percent (10%) contingency allowance of the total contract value in the amount of One Thousand Seven Hundred and Ninety-Six Dollars ($1,796.00) shall be added to the Consultant's total proposal to account for unforeseen conditions or additional work related to this Project. The allowance shall be used solely by the City 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, for which approval shall not be unreasonably withheld.
The total compensation (including the Contingency) shall not exceed Nineteen Thousand Seven Hundred and Fifty-Six Dollars ($19,756.00).
5. Continuation of Terms and Conditions of the Agreement. Except as otherwise expressly provided in Amendment No. 2, all terms and conditions of the Agreement shall remain in full force and effect and shall apply to the performance of services pursuant to this Amendment No. 2.
6. Authority to Sign. The persons executing this Amendment No. 2 on behalf of the Consultant warrants and represents that they have the authority to execute this Amendment No. 2 on behalf of the Consultant and have the authority to bind the Consultant to the performance of the obligations hereunder.
I/II
2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement as of the date first above written.
"CITY"
CITY OF LAGUNA NIGUEL
By:
Tamara S. Letourneau
City Manager
ATTEST:
Marissa J. Asistin
City Clerk
APPROVED AS TO FORM BY THE
CITY ATTORNEY FOR THE
CITY OF LAGUNA NIGUEL,
CALIFORNIA
Scott C. Smith
City Attorney
"CONSULTANT"
MICHAEL BAKER INTERNATIONAL, a Pennsylvania
corporation
Bynt Name:_
Title:
By:
Print Name:
Title:
3 EXHIBIT "A-2"
SCOPE OF SERVICES
4 Michael Baker We Make a Difference
INTERNATIONAL
October 8, 2024
Katie Crockett
Planning Manager
CITY OF LAGUNA NIGUEL
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
Subject: Contract Amendment No. 2 for the Paseo de Colinas Townhomes Project Dear Ms. Crockett,
Michael Baker International (Michael Baker) is pleased to submit this contract amendment to update the CEQA documentation for the Paseo de Colinas Townhomes Project (project). With City approval, Michael Baker billed out the full amount of our contract and submitted an Administrative Final Initial Study/Mitigated Negative Declaration (IS/MND) in December 2022. Since then, we understand the applicant has submitted revised plans with minor updates to the project. The following scope of work includes updating the Final IS/MND to analyze the proposed project modifications. Additionally, this scope of work includes the remaining tasks to the final adoption of the IS/MND (e.g., public hearing attendance, and filing the Notice of Determination).
For continuity, our project team will be led by Ms. Frances Yau, AICP, serving as Project Manager, and Ms. Kristen Bogue, serving as Project Director. We are excited to take this project to the finish line and are available to start this work program immediately upon authorization. Please do not hesitate to contact me at 949.330.4105 or [email protected] if you have any questions or would like additional information.
Sincerely,
Pite Bone
Frances Yau, AICP Kristen Bogue
Project Manager Project Director
Planning/Environmental Sciences Planning/Environmental Sciences 5 Hutton Centre Drive, Suite 500 | Santa Ana, CA 92707
MBAKERINTL.COM Office: 949.472.3505 | Fax: 949.472.8373
PASEO DE COLINAS TOWNHOMES PROJECT
SCOPE OF WORK
1.0 UPDATES TO THE FINAL IS/MND
1.1 Revisions to Information Presented in the IS/MND
The Final IS/MND will be updated to include a new 'Revisions to Information Presented in the IS/MND' chapter. This chapter will discuss the proposed modifications to the project, including a description of the modifications and any updated exhibits to the Draft IS/MND. Based on the information provided by the City, it is assumed that the modifications do not change the conclusions presented in the Draft IS/MND and the proposed modifications would not create any new impacts beyond those identified in the Draft IS/MND. It is further assumed that no new mitigation measures would be required and thus, consistent with CEQA Guidelines Section 15073.5, recirculation of the Draft IS/MND would not be required.
1.2 Updated Responses to Comments and Errata
Michael Baker will refresh and update the draft responses to comments to incorporate information regarding the modifications to the proposed project. If necessary, Michael Baker will prepare an Errata section as part of the Final IS/MND for City review and approval. The Errata will identify any revised text in strikethrough and underline, as necessary, to address comments received on the Public Review Draft IS/MND.
1.3 Completion of the Final IS/MND
The Final IS/MND will be comprised of the Revisions to Information Presented in the IS/MND, Responses to Comments, Errata (if any), and MMRP. Michael Baker will respond to one complete consolidated set of City comments on the Administrative Final IS/MND and provide a Screencheck Final IS/MND with all changes highlighted to assist in the final check of the document.
1.4 Notice of Determination
If the IS/MND is adopted by City Council, Michael Baker will prepare a Notice of Determination (NOD) to be filed with the County Clerk and submitted to the State Clearinghouse CEQA Submit website within five days of IS/MND adoption. This scope does not include payment of the County Clerk or CDFW filing fees.
2.0 PROJECT MANAGEMENT/MEETINGS
2.1 Project Management
Ms. Frances Yau, AICP will serve as Project Manager and will be responsible for implementation of all key project management tasks, including overall management and supervision of the project team and ongoing consultation with the City staff. Ms. Yau will undertake consultation and coordination of the project and review the IS/ND or MND for compliance with CEQA requirements and guidelines and City CEQA procedures. Additionally, Ms. Kristen Bogue will serve as Project Director and will review documents prior to formal submittal, providing an additional layer of technical review and quality assurance/quality Michael Baker
INTERNATIONAL October 8, 2024
PASEO DE COLINAS TOWNHOMES PROJECT
control. As Project Director, Ms. Bogue will also serve as secondary contact to the City and be a resource if any issues arise. It is Michael Baker's goal to serve as an extension of City staff throughout duration of the project.
2.2 Meetings and Public Hearings
Ms. Yau and/or Ms. Bogue will conduct project coordination meetings and represent the project team at public hearings. Should the City determine that additional meetings/hearings beyond the following are necessary, services can be provided under a separate scope of work.
Up to two (2) Project Status Teleconference Calls; and
• Up to two (2) In-Person Public Hearings.
SCHEDULE
Upon Notice to Proceed, we will provide the Administrative Final IS/MND for City review in three weeks.
FEE ESTIMATE
Kristen Frances Winnie Jeanette Total Total
Bogue Yau Woo Cappiello Hours Cost
TASK $260 $200 $130 $150
1.0 UPDATES TO THE FINAL IS/MND
1.1 Revisions to Information Presented in the IS/MND 8 20 2 32 $5,020
1.2 Updated Responses to Comments/Errata 4 16 22 $3.400
1.3 Completion of the Final IS/MND 2 $1,740
1.4 Notice of Determination 5780
2.0 PROJECT MANAGEMENT/MEETINGS
$2,120
2.1 Project Management $4,600
.2 Meetings/Public Hearings 10
eliverables and Reimbursable $300
TOTAL HOURS 171 32 48 4 101
*Percent of Total Labor (Hours) 16.8%| 31.7% 47.5% 4.0% SUBTOTAL LABOR COSTS $4,420| $6,400| $6,240 $600 $17,660 TOTAL COSTS $17,960
Michael Baker
INTERNATIONAL iii October 8, 2024