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Home My WebLink About25C - AGMT - ENVIRONMENTAL SRVSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 19, 2012 TITLE: AMEND AN AGREEMENT FOR ENVIRONMENTAL SERVICES WITH MICHAEL BRANDMAN ASSOCIATES TO PREPARE AN EIR FOR PARK VIEW AT TOWN AND COUNTRY MANOR RESIDENTIAL TOWER AT 555 EAST MEMORY LANE CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1 s` Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the attached amendment to the agreement with Michael Brandman Associates for environmental services in an amount not to exceed $8,000 for a new residential tower at Town and Country Manor located at 555 East Memory Lane, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION In early 2008, the City received a proposal from Town and Country Manor to construct a new residential tower on their existing campus located at 555 East Memory Lane. Due to the potential for significant environmental impacts, the City sent proposals to qualified firms seeking assistance in the preparation an environmental impact report (EIR) for this project pursuant to the California Environmental Quality Act. After reviewing proposals from qualified environmental firms, Michael Brandman Associates (MBA) was selected in May 2008 as the environmental consultant, and it thereafter began work on the EIR. MBA had nearly completed the draft EIR when, in 2010, Town and Country delayed the project due to economic circumstances. A year later, the applicant decided to move forward with the project, including the completion of the EIR. An agreement with MBA was originally approved in May 2008 in the amount of $186,830. During the reinitiation of the project in 2011, it was determined that the EIR would need to be updated to reflect current environmental conditions, including a review of updated traffic. As a result, a new agreement in the amount of $20,850 was approved in March 2012 to complete this work. During the review of the traffic component, it was determined that additional analysis would be required due to impacts adjacent to the Garden Grove (SR-22) Freeway. As a result, staff is requesting that an amendment to the agreement be executed with MBA in an amount not to exceed $8,000. This agreement will remain in effect until completion of the EIR. The entire cost of this work has been covered by the developer; and funds in this amount have already been deposited with the City. 25C-1 Amendment to Agreement with MBA November 19, 2012 Page 2 FISCAL IMPACT This agreement will not impact any City/Agency funds. Funds in the amount of $8,000 will be deposited by Town and Country Manor into the Planning and Building Agency account for contractual services (No. 09801001-24035) prior to the consultant commencing any work. APPROVED AS TO FUNDS AND ACCOUNTS: Ja M. Trevino Executive Director Planning and Building Agency VF:rb vf\reports\MBA Town & Country EIR contract amendment.cc111912 Exhibit: 1. Agreement Francisco Gutierrez Executive Director Finance & Management Services Agency 25C-2 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT is entered into on , 2012, by and between MICHAEL BRANDMAN ASSOCIATES, a California corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS A. The parties entered into Professional Services Agreement #N-2012-050, dated May 1, 2012, (hereinafter "said Agreement") by which Consultant provided professional environmental reports and services. B. In accordance with the terms and conditions of said Agreement, the parties wish to amend the Scope of Services and Compensation to include additional required CEQA services for the Town and Country Manor project located at 555 East Memory Lane. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions of said Agreement, except as herein modified, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be amended to include those services necessary to complete the Town and Country Manor project environmental review, as set forth in Consultant's Additional Services for the Park View and Town and Country Project EIR - Addendum for Additional Traffic Analysis dated November 6, 2012, attached hereto as Exhibit A and incorporated herein by this reference. 2. Section 3, COMPENSATION, shall be amended to increase total compensation to Consultant by an amount not to exceed $8,000 in additional compensation to pay for the specific SCOPE OF SERVICES added by this First Amendment to Professional Services Agreement, as identified in the Budget Amendment in Exhibit A attached hereto and incorporated herein by this reference. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. EXHIBIT 1 25C-3 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Professional Services Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Ryan O. Hodge Assistant City Attorney RECOMMENDED FOR APPROVAL: JAY TREVINO Executive Director - PBA CITY OF SANTA ANA PAUL M. WALTERS City Manager MICHAEL BRANDMAN ASSOCIATES THOMAS HOLM, AICP Principal 25C-4 EXHIBIT A (Attached) 25C-5 0% FES r ? P Alichaei Brandman Associates November 6, 2012 Vince Fregoso, Principal Planner City of Santa Ana Planning and Building Agency P. 0. Box 1988 (M-20) Santa Ana, CA 92702 Subject: Additional Services for the Park View at Town and Country Project EIR - Addendum for Additional Traffic Analysis Dear Vince: Per your request, MBA requests additional funds for the Updated Level of Service Analysis (Task 3b) and Letter Report Documenting Updated Level of Service Analysis (Task 4a) performed by Kimley-Horn and Associates. These tasks were described in KHA's letter of 11/1/11(attached) and the work has been authorized and completed to support the revised Response to Comments/Final EIR Addendum. Please do not hesitate to contact me at 714.508.4100 should you desire additional information regarding this request for additional services to complete the Park View at Town and Country Project EIR. Sincerely, 74ak..`? -- Thomas F. Holm, AICP, Director FirstCarbon Solutions--Michael Brandman Associates 220 Commerce, Suite 200 Irvine, CA 92602 Attachment: KHA letter 11/1/11 K\Cient iP!FJM1\03271,J327C350\,Augnierts`sur.p!enxntal SerACey ;J3270030 AvpwtPwktiew Ii-{xrl2doa ENVIRON\fENTALtiPRVI!_ES ¦ PL NNINS. r NATURAL RESOURCPSAI:LNAcL•MI=NT a wv%,.hraatdJrtm,com I1WY Jio »9.497.11;10 ln9ae 71.1.56M.4104i P.thn spiinq: 760.31_2_.yM47 sactvncntri 916.4-17.110) San Benranisno 909.x'.14.2255 San Ranwn 925.5302733 25C-6 To implement this approach, MBA estimates the following budget amendment is needed. ATTACHMENT ? ? ? KimleyHorn and Associates, Inc. November 1, 2011 Mr. Tom Holm Michael Bra ndman Associates 220 Commerce, Suite 200 Irvine, CA 92602 ¦ suite 400 785 The C8y Orin Orange. Caftnia 82868 Subject: Park View at Town & Country Manor -Additional Sub-consultant Services Authorization Dear Mr. Holm: The following is Kimley-Horn's proposed approach to address the traffic issues associated with the Park View at Town & Country Manor Project Design Changes. The proposed changes to the project will not increase the number of units, or change the use. Therefore, the proposed changes will not result In additional trip generation compared to the project evaluated in the June 2009 Traffic Impact Study prepared by Kimley-Horn. However, the traffic count data in that study was collected in 2007. Due to the lapse in time, there is some concern that the baseline conditions may have changed significantly since the 2009 Traffic Impact Study was prepared. It is also possible, however, that traffic conditions in the vicinity of the project may have remained essentially the same, due to current economic conditions. To determine whether or not traffic conditions have changed, and to determine what level of traffic analysis might be needed, we would propose the following conditional approach. • Task 1 - Conduct new traffic counts at the study intersections and roadway segments previously studied. This consists of 10 intersections and 10 roadway segments. • Task 2 - Verify field traffic conditions at the study Intersections, on the study roadway segments, and in the project vicinity. Task 3a - If field conditions have not changed substantially, and if traffic volumes are substantially the same or less than the traffic volumes in the 2009 Traffic Impact Study, then no additional analysis will be needed. A brief letter of findings would be prepared describing current baseline conditions compared to the 2009 Traffic Impact Study, to provide support for reliance upon the previous traffic findings, responses to comments and mitigation measures. TEL 714 939 1030 FAX 714 938 9488 25C-7 ATTACHMENT ??? KimleyHorn and Associates, Inc. Mr. Tom Holm, November 1, 2011, Page 2 • Task 3b - if field conditions have changed substantially, or If traffic volumes are substantially higher than the traffic volumes in the 2009 Traffic Impact Study, then Kimley-Horn will update the Intersection and roadway Level of Service analysis for the following study scenarios: o Existing Conditions o Opening Year without Project o Opening Year with Project Note: The fee for this task Is based on the assumption that the cumulative projects analysis will not change. Task 4a - If the results of the Level of Service analysis indicate that there would be no additional project impacts, then no additional analysis will be needed. A brief letter of findings would be prepared describing the results of the Level of Service analysis compared to the 2009 Traffic Impact Study, to provide support for reliance upon the previous traffic findings, responses to comments and mitigation measures. • Task 4b -- If the results of the Level of Service analysis indicate that there would be additional project Impacts compared to the 2009 Traffic Impact Study, then Kimley-Horn will update the Traffic Impact Study. The update would include updating the cumulative projects analysis, and identifying additional mitigation measures to mitigate the new project impacts. • Task 5 - If it is determined that the EIR needs to be recirculated, Kimley-Horn will participate in preparing responses to traffic-related comments. Task 6 - One project team meeting or conference call is assumed. If required or requested by the Applicant, the Client, or the City, 'attendance at additional meetings will be billed on a per-meeting basis. Fee The Kimley-Horn fee for this effort is broken down by each task. Tasks 1 and 2 will be required tasks. Each successive task will be performed only If the condition necessitating that task is met. Task 1-- Update Traffic Data Collection (including traffic count expense) $ Task 2 - Update Traffic Field Conditions Task 3a - Letter Report Documenting Updated Traffic Conditions or Task 3b - Update Level of Service Analysis 2,850 800 2,500 4,500 25C-8 ATTACHMENT KimleyHorn Mr. Tom Holm, November 1, 2011, Page 3 f• and Associates, Inc. Task 4a - Letter Report Documenting Updated Level of Service Analysis 3,500 or Task 4b - Update Traffic Impact Study with Additional Mitigation 9,500 Task 5 - Response to Traffic-related Comments 2,400 Task 6 - Attendance at meetings (per meeting) 1,200 The total fee will depend on which tasks are required. Please contact me if you have any questions, or if you need additional information. Thank you for the continued opportunity to work with you and your firm. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Serine Ciandella, AICP Senior Vice President 25C-9 25C-10