HomeMy WebLinkAboutContracts & Agreements_43-2003_CCv0001.pdf FOURTH AMENDMENT TO AGREEMENT TO FURNISH ENVIRONMENTAL ANALYSES
This Fourth Amendment to Agreement is made and entered into this 18th day of March. 200')
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by and between the City of Redlands, a municipal corporation ("City") and Michael Brandman
Associates ("Consultant").
RECITALS
WHEREAS, on May 7. 22002, the City and Consultant entered into an agreement entitled
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"Agreement-to Furnish Environmental Analysis Consultino Services for the Redlands'Sports Park"(the
"Agreement") which described the scope of work which Consultant Would undertake for City for the
total compensation of$72.490 in connection with the necessary environmental review for the City's
sports park. and
WHEREAS,onJune 18,2001the Cite and Consultant approved Amendment No.I tothe above
referenced Agreement which authorized an increase in the scope of services to include trapping of the
San Bernardino Kangaroo Rat and an investigation of potential mitigation land owned by the City; and
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WHEREAS,on October 15. 2002, the City and Consultant approved Amendment No. 21 to the
above referenced Agreement which authorized the consultant to prepare a mitigation plan for the
Kangaroo Rat and to prepare an environmental impact report for in overall development plan for the
entire 115 acres of the proposed sports park site, for a total additional compensation of$66,360, and
WHEREAS,on November 5.2002.the City and Consultant approved Amendment No. 3 to the
above referenced Agreement which authorized the consultant to prepare a traffic signal warrant analysis
for the intersection of Dearborn Street and Lugonia Avenue for an additional compensation of$2.000.
and
WHEREAS, the City has also determined that (I) additional work is required to amend the
Environmental Impact Report/Env iron in enta I Assessment (EIR111A) to incorporate the changes made
to the Section 7 consultation effort. (2) it is necessary to have the environmental consultant attend
additional meetings andhearings beyond those programed in the original contract,and(3)additional cost
is involved in the reproduction and distribution of the EIR/EA document beyond that included in the
original contract.
NOW, THEREFORE. in consideration of the mutual promises contained herein, the City of
Redlands and Michael Brandman and Associates hereby agree as tollows-
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Section 1. Section 5.1 of the Aureement is hereby amended to increase the compensation to be
paid by City to Consultant by the amount of $16,615.6.5 for a total compensation of $223,758.56
including
the amount expended in the original contract approved mlune 19. 2001.
Section 2. Exhibit "A" of the Agreement which describes the extent of Consultant's Services
is hereby amended to include revisions to the EIRI ILA to reflect Master Plan Biological Assessment
revisions.additional meetings and hearings, and unanticipated dOCLIMent
productions costs, the details
of which are attached hereto as Exhibit "A".
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CITY AE REDS&NDS ATTEST:
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Mayor of the City of Redlands City C!�
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EXHIBIT "A"
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February 18,2003
Mr. John Jaquess,City Planner
City of Redlands,Community Development Department
P.C .Box.3005
Redlands,CA 92373-1.505
Subject: Redlands Sports Park EIR/EA — Communication lg — Request to Arnend
Contract to Increase Budget for Additional Required Services
Dear Mr.Jaquess:
We have identified several budget shortfalls that have already occurred or which are projected to occur,
as follows.
a) Revisions to Master Plan and Conservation Pro As a result of our meeting with City
staff and Nancy Ferguson of the U.S. Fish and Wildlife Service on January 10,2003, we were
directed to make a number of revisions to the Biological Assessment (BA), which required
corresponding revisions to the EIR/EA, as well. The revisions include: (1) description of
various SBKR impact minimization measures included in the project design; (2)re-calculation
of impacted acreage and presentation of revised figures; (3) discussion of maintenance
activities and potential impacts to SBKR, which will be included as covered incidental takes
within the scope of the Section 7 consultation now underway; (4) statement of broader
objectives for the proposed conservation area included in this project;and (5) replacement of
exhibits with new exhibits showing additional site plan detail and added on-site conservation
areas, with related text revisions. Following the ERC meting on January 21, additional
communications and document and exhibit revisions were required, as a result of further
clarifications and revisions to the proposed project discussed with your Public Forks
Department staff. The changes to the Biological Assessment can be handled within our
existing budget for the Section 7 consultation effort; however, these changes were not
anticipated in the EIR/EA budget and there is not sufficient budget left to cover our costs to
mare the required EIR/E:-k revisions. We are, therefore, requesting an amendment to our
existing professional services agreement to provide additional budget to reimburse ISA for
these additional services.
b) -Mee ting and. I earin s. The entire budget for attendance at meetings with City staff and at
public hearings has been expended. "I"his resulted from attending a number of extra meetings
with City staff to discuss project description changes and other critical issues that were not
anticipated in the original scope of work. We are requesting an amendment to our existing
—f-si services agreement to provide additional budget to reimburse TMBA for the costs
E E g V E
Kern ounty U.a':'r--
Mr,John Jaquess,City Planner
February 18,2003
Page 2
of attending the remaining hearings and meetings that will occur during the balance of the
EIR/E-A process.
C-) Document RgyroductionZDistribution costs. The size of the Appendix is about five times
what was estimated in the original budget ,-745 pages vs. 150 pages) and the number of color
exhibits in both the Appendix and EIR/IE—N is larger than expected- Since this is a joint
CEQA/NERN document,more copies of the Draft EIR/E-k and Appendix are required than
originally estimated. This *includes additional copies for distribution of the EN pursuant to
FE-NiNs direction, 22 additional copies of the Draft EIR/EA requested by the Ciq,, and
increased TNIBA costs to produce and submit 15 copies of the Draft EIR/F-A,and Appendix to
the State Clearinghouse. As a result, the costs to reproduce and distribute the number of
Screencheck, draft and final documents listed in our current agreement xiill be substantially
higher than the costs listed in our existing agreement. Wre are requesting an amendment to our
existing professional services agreement to provide additional budget to reimburse RIBA for
these higher costs.
The amounts of each of the requested budget adjustments are itemised on the following page.
Please call me if-,7-ou have any questions regarding this request, at 714.508.4100. We look forward to
completing the EiRI/11-k and 'Section 7 consultation process.
Best regards,
V11C BR ' ASSOCLNTES
ndy A Tichols,l ICP
Senior Project Manager
I Pjlimt tPN-JNJN 062910629RNIOO',(.oniml8l-'celncRqst2-18-03.doc
TMr.John laquess
February 18,2003
Page 3
BREAKDOWN OF REQUESTED BUDGET INCREASE
Requested
Additional Services and Direct Costs Budget Increase
1. Revisions to EIR/EA to reflect-Master Plan BA revisions:
t5hrs x$135................ .................................... .......................... 2,025
20 his x$90...........-........ ......-.....—............-........ .............................. 1,800
15 lies x$60................ ...... ...... .................... ...............----....................... 900
SubtotaL. ............$ 4,725
Budgeted amount for revisions following ERC-Meeting:. ............ 1,400
Less Actual Cost: ............. 4,725
Doit ............$ 3,323
2. Meetings and Hearings,includitig.
1 Environmental Review Committee(4 hrs x$135).......................................................................... 540
1 Planning Commission Public Hearing(6 his x$135)+(3 hrs x$150)............................................ 1,260
1 City Council Public Hearing(6 hrs x$135) +(4 hrs x$150)........... .............................................. 1,410
2 Meetings with City Staff(4 hrs x$135) +(4 hrs x$90)..................--................................................ 900
Do-it ............$ 4,110
3, Estimated Remaining Document Reproduction and Other Direct Costs:
73 Draft EIR/EAs(41 for City,15 for SCH,4 for FETUN,2 for NIRA)@$34.............................. 2,482
28 Appendix(10 for City,15 for SCH,l. for FENLA.,2 for NMA)(0,$138....................................... 3,864
5 Screencheck Draft Final E1R/1EAs @$10................................................. ...—......--....................... 50
5 Screencheck Draft,%INIRPs @$2............ ..........................................—............................................ 10
20 Final EIR/EALs for Planning Commission Od $10................................. ...—........................... 200
20 Final MNIRPs for Planning Commission @$2.................................................................................. 40
20 Final EIR/EAs for City Council @$10.......................................................................................•-- 200
20_WNIRPs for City Council Od $2.............................................: I.....................-.............................. 40
t5FOI N-S1s for FENTLN@$15.......----............—..........................................--.......... ......................... 225
Estimated document distribution costs(courier service,postage,packaging)................................... 480
Mileage for meeting attendance(600 x$0.40)..........—............... .................—.....---.......................... 240
Expenses previously incurred,but not reimbursed...................... ......—.-..........--........................ 1.97436
Total Remaining Direct Costs ............$ 9,805.56
Total Budget for Direct Costs(including increase per 10/15/02 contract amendment)................$ 5,50
Less total direct costs through January 10 ............$ 2,515
Amount left in Direct Costs budget ...........,$ 3,235
Less Remaining Direct Costs .....—.... . 9_80536
Dejiit ............$ 6,570.36
4, Document Production—Unbudgeted Labor Costs for Draft and Final FIRS and
MNIRPs:
16 hrs(:w
�$50........ ....... .................. 800
12 hrs Oa,$90 1........... 1,080
16 hrs @$45 ............... 720
De§dt ............$ 2,610
TotalRequested Budget Increase:.«..................................................................................$ 16,615.56
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