Loading...
HomeMy WebLinkAboutEnvironmental Science Associates (ESA) 2014-02-28; Amendment 2 2011-10-27 � o�� 11 - A�- . ,• ' • ��i3 -ra.i � I b.:� ;�, ' Environmental Science Associates LS.4AmendmenWo. 2 � Amendment to Professional Services Agreement ESAProjec�No. 211169 www.esassoc.com r�'�'�° sr�w�a.�.� THIS AMENDMENT("AmendmenP') is made and entered inm this /��`'y day of�2013, by and between Environmen[al Science Associates(hereinafter ESA), a Califomia corporation and the Citv of Ukiah("Client') and amends the parties' A�reement, dated 37th day of October. 201 I (OriQinal A2reement). RECITALS I L ESA and Client previously entered into an Agreement for professional services. I 2. The parties now wish to enter into an Amendment to said Agreement under which ESA will perform I�I additional services for Client. �I TERMSAND CONDITlONS I. Scope of Work I The additional Scope of Work and fee covered by this Amendment is shown in Attachment A, which is ' attached to this document and made a part of this Amendment. 2. Price Payment to F.SA under this Amendment, including expense reimbursemen[, shall not exceed $ 33.�50. Total new Contract Amount is $ 341565. 3. Effect of Amendment Except as amended herein, the parties' Original A�reement shall remain in full foree and effect. IN W ITNESS THEREOR the parties hereto have executed this Amendment by their duly authorized agents as of the day and year first above writlen. Environmental Science Associates 26�apito� nue, Suite 200 � ramento, CA 581�i `t � ' v �� � t�/�� ��: � c�' By I(Signature) (Date� (Signature) (D e) � �j���7 Name: JA�IZ C riAM�13L IZS Name: Ray Weiss � (Printed Name) (Printed Name) I Title: � ��` l��/��«L t- /Z fide: Project Director I I _ � Attachment A Scope of Work r ESA J , i . , r ESA � J � C Community 2600CapirolAvenue �ss. o� F��,�, '_ Development s���ezoo ' Sacramento,CA 95816 � 916.564.4500. ' - 916.564A501 '�. August 14, 2013 Mr. Charley Stump Community Development Director City of Ukiah Communiry Development Department 300 Seminary Avenue Ukiah, CA 95482 Subject: Request for Contract Fee Modification to Cover Out-of-Scope Work on Final Environmental Impact Report Dear Charlev: Pursuant to the Ciry of Ukiah's(City) request, please find our attached cost estimare (see Attachment A)to provide additional environmental consulting services related to completion of the Final Environmental Impact Report(FEIR) for the proposed Costco Wholesale Project.These additional environmental consulting services are necessary for the following reasons: • Preparation of Responses to Draft EIR Comment Le[ters. ESA original scope of work [o comple[e the FEIR assumed no new technical studies(or issues requiring analysis)would be required and provided � our best guess estimate of staff hours (I 10 hours—management, technical, and production staf� to complete the FEIR. Due to[he number of comment letters received(73 comment letters,totaling 390 pages), oral comments from the public workshop(mosdy similar to written letters), and the complexity of several comment letters received on the draft EIR, additional ESA Team (including Brian Grattidge and Amy Herman) stafftime will be required to complete the FEIR. • Complexity of Comment Letters. As previously described, our original scope of work assumed no new [echnical analysis or studies would be required for the FEIR. However, several letters received on the FEIR have required additional technical analysis not anticipated under our current scope of work. Key ' technical issues requiring additional analysis have included biological resources(wetlands), drainage/hydrolo�y,noise,aesthetics, and urban decay/fiscal issues. In particular,additional ESA staff time has been necessary to provide input and coordinate with Kier and Wright's work on the Drainage Plan for the project. � • Coordination with City StaPf and the Larger Project Team. Given the City's anticipated level of le�al scrutiny for the project and the F.IR, additional ESA project management time was required during preparation of the Draft EIR and will continue to be required to coordinate with City staff and the project team(including sub-consultants, Kier and Wright, legal staff,etc.)m review and address i recommendations to the various responses that comprise the FEIR. ' . I Community I � 1 '. Development J Charley Stump August 14, 2013 I Pagc 2 Background and Detail ESA initiated the project with a budget totaling$285, 054 (sub-consultants totaling$155,967),comprising the following components: • Project Management(Task 1), $1 l, 840—budget exceeded, with imoice for partial amoimt to be � submitted in Julv 2013. • Projec[ Start-up,Projec[ Description,and Administrative Draft EIR(Tasks 2-5), $77,I 10— �� completed and fully invoiced. • Prepare and Submit Draft EIR(Task 6), $3,890—completed and fully imoiced. • Prepare and Submit MMRP(Task 7), $1,I 10—completed, with imoice to be submitted in July 2013. • Prepare and Submit Administrative Final EIR(Task 8), $13,950—budget exceeded, with imoice for partial amount to be submi[ted in July 2013. • Prepare and Submit Final EIR(Task 9),$3,430—budget unused. • Public Meetings(Task 10), $5,280—budget partially used. I • Prepare Findings and Attorney Review(Tasks 11-12), $2,645—budget unused. • Expenses. $6,255 —budget partially used. As indicated above, [he original project budgets for Tasks#1 and #S have been exceeded, with additional GSA staff time necessary to complete the Administrative Draft FEIR(predominately the response to comments task for the DraR EIR) and to provide project management activi[ies necessary to complete the proposed project. Consequently, a contract moditica[ion is requested to address the following augmentations to our existing scope of work: Task 1: Project Management and Coordination The original budget for Task 1 was $11,840 or 80 hours through completion of the FEIR. During prepara[ion of [he Administrative Draft and Draft EIR documents. additional projec[ management/coordination time was incurred by (then) ESA project manager(Brian Grattidge)and project coordinator(Aaron Hecock)due to delays in the project, primarily consultation with Caltrans, revisions to the traffic analysis, and completion of the land use (due to changes in the entitlements, general plan amendment) section. �'� I � I � / � ?. Communi ` tY / ��71 ' Development i � Charley Stump � August 14, 2013 Page 3 Given the City's anticipated level of legal scrutiny for the project and the EIR, additional ESA project management time has and will continue to be required during completion of the FEIR. Specific activities requiring additional time outside the existing budget include coordination with project sub-consultants (ALH Economics), other Costco team members(Kier and Wright),and time spent preparing and conducting bi-weekly (two per month)project team conference calls. Appendix A provides an estimate of this additional required project management staff time. Task 8: Prepare Administrative Draft Final EIR(Response to Comments on the Draft ElR) The original budget for Task 8 was $13,950(or 110 hours for both technical and production stafftime). ESA has completed and submitted an administrative draft FEIR which required a considerably greater amount of staff time than originally budgeted due to both the n�mber of comment letters received and the technical complexity of the comments. ESA exceeded its original budget due to the number of comment letters/public workshop comments received(73 comment letters. totaling 390 pages)on the Drafr EIR. Completion of this aspect of the FEIR required additional coordination and production staff time ro review, numbedbracket,and summarize(ESA's original budget included approximately 16 hours)comments received. Additional ESA technical stafftime was also required to prepare responses to address drainage/hydrology. biological resource, noise, and aesthetics (ESA's original budget included approximately 24 hours) issues. In preparing the Adminisvative Draft Final EIR. ESA has incurred $43,745 and is 29,795 over budget f'or this task Consequently, ESA is requesting an additional $18,940(I28 hours of staff time) to address this additional staff time and to finalize the responses pursuant to City and attomey review and complete the Administrative FEIR(see Attachment A). We appreciate working with you on this important project. Please feel free to contact me(916) 231-1275 should � you have any additional questions concerning this request. Sincerely, V � Ray Weiss Projec[ Director Attachment A—Cost Estimate Attachment B—Amy Herman Consultant Agreement _ _ _ _ _ - Attachment A-City of Ukiah,Costco Project, Contract Modification to Complete Final EIR . ' We� H�ic Bdtlt Rimpo Moral� Edcxtl Latpr Dirert Tdal Maiaga Raina Bid AirQuAily AirQualiry/Nq� Hydrdogy Tdal Fxpaiss Rice Ta9c 1:Praje�Managenart and Coordinetim Addi�iaialMa�apriaitTimeR uiralfor $� � CortplHiondtheFr�EIR 4 5740 Ta9c8:PrcpareAdmini9rativeDraRtFinal EIR gp AdditimalProduftioNTehnical$��fReauireJtoCOmpl�eFnaIEIR 40 16 12 20 40 518,200 $0 ToI21 HWrs 4 40 t6 12 20 40 BillingRAe $185 $135 $155 5�85 3135 $�35 SLbtdals $740 $5.400 $2,480 $2,220 $2.700 $5,400 $16.940 c9 � ��aaHOUrs=�32 3G°/ 303=/ �2�'S� g�;E 152%0 5�3=h � Dlf�EJ(PH1� NoAtltlitional SLb�Cms�ltanis ALH Urbai aid Re3ipn 1 Emnpnits g�z�Dy Geia�aitl Atlmini9r�ive Expex�of 15%m Nm-LaOOr Cc6s g�gpg iral pai� ol 14610 TUaI Rice 533,550 ESA Confidential estimate Page 1 , • i I � �I I ALH Urban & Regional Economics 2239 Oregon S�reet �. Berkeley,CA 94705 510.704.1599 .., i_ .. _ i . � ., . June 25, 2013 Ray Weiss, Diredor I, ESA I Central Valley/Sierra Region I 2600 Capitol Avenue, Suite 200 Sacramenio, CA 95816 Re: Ukiah Cosfco Contracf Amendment RequesT Dear Mr. Weiss: I The purpose of this letter is to request a coniract modificaTion for The Ukiah Costco ProjecT. AlH Urban & Regional Economics ("ALH Economics") began ihe engagemeni with a $52,500 budget, comprising ihe following componenis: • Urban DecayAnalysis, $38,500 — completedandfullybil/ed . FiscallmpactAnalysis, $5,000 — comp/e/edondfu//ybi//ed • Response To Comments, 10 hours, or $2,000—comp/eledondinvoice otiached • Public Hearings, $7,000 (reflecTS attendance at iwo meetings, for an estimated 5 hours each, including ironsporTaTion and lodging costs) — budge/unused As noted, ihe Response to Comments budget was for 10 hours. ALH Economics has completed preparing }he Response to Comments, which required a considerably greater investment in time and resources than budgeted. In total, ALH Economics incurred professional time and expenses Totaling $7,704.35 for ihe Response to Commenis, inclusive of $216.85 in costs (mileage and dafa acquisition�. Thus, ALH Economics is $5,704.35 over budgeT for ihis task. Yet additional budget may be required to finalize ihe responses pursuant to City and attomey review. ALH Economia estimates � an additional 5-10 hours of professional time may be required to finalize ihe responses, comprising an incremenTal $1,000 - $2,000 in fees based on the $200 per hour billing rafe for Amy L. Herman, Principal of ALH Economics. Thus, the total additional budget request for the Response to Commenis task is up to $7,704.35. A Time commitmenf greater ihan 10 hours was deemed necessary to appropriately respond to fhe DEIR public comments. A fofal of 5 letters included commenis pertaining to }he urban decay analysis, with 38 individual comments relevanT to ihe urban decay analysis. Plus additional comments were corneyed from ihe Planning Commission. Given ihe lapse in time since the urban decay analysis was prepared and ihe nafure of some of the commenis, ALH Economics deemed it necessary To revisit Ukiah and portions of The project's market area fo best respond to the commenTs. This field visit alone absorbed the entire 10 hour budgeT allomted to}he response to comments task. Yet additional time was required to organize the I , i , , .� . . II I I � ALH Urban & Regional Economics fieldwork, review the comments, and prepare the responses. Of imporf, new research was conduded, I such as analysis of: , • specialized sales data for which custom data were purchased; • tire centers; • gas sales prices; � • downtown vacancies; and • Cosico sales data. ANer billing the existing $2,000 budget allocation for the Response to Comments (invoice #2093 accompanies this letter), an unbilled total of $7,000 remains in the ALH Economics project budget. This remaining budget allocation is designated for two public hearings lasTing an average duration of 5 hours each, plus travel time, travel expenses, and lodging. This budget allocation is suRicient to fund a limited increment of professional time to review and respond to additional public submissions I in association with }he public hearings. However, given }he volume and tenor of ihe DEIR public commenis, ALH Economics anticipates ihat comments or documenis may be submitted during the I public hearing process That could require a more subsiantial response efforf than budgeted. This is especially the case if any documents are submilted by industry "experts," which was not accounted for in the projed budget. Therefore, it is prudent to consider allocating funds to The public hearing process to ensure sufficient funds to adequately support the project through the completion of the EIR's Public Hearing Process. At this juncture, ALH Economics suggests that an additional budget allocation of $5,000 should provide a sufficient incremental budgeT allowance for ihe public hearing stage. This $5,000 increment would correspond with a 25-hour addiTional projed efforf. It is hoped That I ultimaTely ihis level budget increment will not be needed. In condusion, ALH Economics is requesting a coniract amendment for the following: • $7,704.35 for ihe additional effort required for the Response to Commenis; and • $5,000 for the anticipated additional effort required to support the Public Hearing Process. These figures comprise a $12,704.35 contrad amendment request. This would bring }he ALH Economics Total budget authorization to $65,204.35. Please let me know if there are any questions regarding this request. Sincerely, ALH Urban & Regional Economics �� � Amy L. Herman, AICP Principal Projeds/2013/ESA Costco/Contrad/ALH Economics Ukiah Cosfco Conirad Amendmen}Reques}.doc