HomeMy WebLinkAbout25A - AGMT - ENVIRONMENTAL SRVSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
NOVEMBER 4, 2013
TITLE:
AMEND AN AGREEMENT FOR ENVIRONMENTAL
SERVICES WITH URS CORPORATION FOR THE
PREPARATION OF AN EIR FOR A 24 -UNIT SINGLE
FAMILY RESIDENTIAL DEVELOPMENT AT 1584
EAST SANTA CLARA AVENUE
CITY MANAGltR
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑
As Recommended
❑
As Amended
❑
Ordinance on 1� 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 URS Corporation for environmental services in an amount not to exceed
$42,735 for a new 24 -unit single - family residential development at 1584 East Santa Clara
Avenue, subject to non - substantive changes approved by the City Manager and City Attorney.
DISCUSSION
In April 2010, Tava Development contacted the City with the intent to re- commence development
of the former Empire Homes 24 -unit single family residential development at 1584 East Santa
Clara Avenue. The Tava Development proposal was proposed to be similar in scope, layout and
quality to the previously proposed project by Empire Homes. Due to the potential for significant
environmental impacts, an environmental impact report (EIR) was required for this project
pursuant to the California Environmental Quality Act.
A Request for Proposal was circulated to three qualified environmental firms in 2007 as a part of
the Empire Homes proposal. URS Corporation was selected as the environmental consultant
and it thereafter began work on the EIR. URS had nearly completed the draft EIR when, in 2009,
Empire Homes decided to cancel the project due to economic circumstances. Work on the EIR
was discontinued at that time.
In December 2010, URS was awarded the EIR contract for the new proposal by Tava
Development. Since its initial approval, the contract has been amended on three occasions due
to the need to prepare additional environmental studies. This proposed amendment to the
existing agreement will include the preparation and analysis of an additional alternative to the
single - family residential development as well as a carbon sequestration greenhouse gas analysis
of the new residential development. Additionally, technical memorandums to the alternative may
be prepared, revisions will need to be made to the draft EIR, and the draft EIR will need to be
recirculated for public review and comment. As a result, staff is requesting that an amendment to
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Amendment to Agreement with URS Corporation
November 4, 2013
Page 2
the agreement be executed with URS in an amount not to exceed $42,735. This agreement will
remain in effect until completion of the EIR. The entire cost of this work has been covered by the
property owner, with funds in this amount to be deposited with the City.
FISCAL IMPACT
Funds in the amount of $42,735 will be deposited by the property owner, Concordia University,
into the Treasurer's Trust fund, Planning and Building Agency — EIR Developer Fees account
(no. 09801001 - 24035) prior to the consultant commencing any work.
Jay Trevino
Executive ` Director
Planning and Building Agency
VF:rb
vArepoRS \URS Corporation EIR 4th contract amendment. cot 10413
Exhibit: 1. Agreement
APPROVED AS TO FUNDS AND ACCOUNTS:
�IS 1:, � ��,
Francisco Gutierrez r
Executive Director
Finance & Management Services Agency
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FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT is entered into on
2013, by and between URS CORPORATION, a Nevada corporation
( "Consultant "), doing business as URS Corporation Americas, 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 #A -2010 -233, dated December 6, 2010,
(hereinafter "said Agreement ") by which Consultant provided professional environmental reports
and services. Thereafter, the parties entered into a First Amendment to Professional Services
Agreement #A- 2011 -251, dated December 22, 2011. Thereafter, the parties entered into a Second
Amendment to Professional Services Agreement #A -2012 -064, dated April 17, 2012. Thereafter,
the parties entered into a Third Amendment to Professional Services Agreement #A -2012 -216,
dated October 15, 2011
B. In accordance with the terms and conditions of said Agreement, as amended, the parties wish to
further amend the Scope of Services and Compensation to include additional required CEQA
services for the TAVA Development project.
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:
I. Section 1, SCOPE OF SERVICES, shall be amended to include those services necessary to
complete the TAVA Development project environmental review, as set forth in Consultant's
Proposal for Additional Alternative Analysis, Carbon Sequestration Greenhouse Gas (GHG)
Analysis, and EIR Recirculation for the Sexlinger Property Development dated October 16, 2013,
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 $42,735 in additional compensation to pay for the specific SCOPE OF
SERVICES added by this Fourth Amendment to Professional Services Agreement, as identified in
the Fee Estimate 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
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IN WITNESS WHEREOF, the parties hereto have executed this Fourth 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
DAVID CAVAZOS
City Manager
URS CORPORATION
HARLEY S. MARTIN
Vice President
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EHIBIT A
(Attached)
25A -5
October 16, 2013
Mr. Vince C. Fregoso, AICP
Principal Planner
Planning Division
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92702
SUBJECT: PROPOSAL FOR ADDITIONAL ALTERNATIVE ANALYSIS, CARBON SEQUESTRATION
GREENHOUSE GAS (GHG) ANALYSIS, AND EIR RECIRCULATION FORTHE
SEXLINGER PROPERTY DEVELOPMENT.
Dear Mr. Fregoso:
Pursuant to a request from the City of Santa Ana (City), URS Corporation (URS) is pleased to
submit this proposal to provide additional CEQA Environmental Impact Report (EIR) analyses
for the development of the former Sexlinger Farmhouse and Orchard (formerly known as the
TAVA Development). It is our understanding that the City is requesting analysis of an additional
project alternative, as well as an analysis in response to public comments regarding the amount of
carbon sequestration that would be lost from the change in land use of the site from its current
use as a non - operating (former) orchard to a single family residential development.
As a result of these additional analyses, the current Draft EIR will require recirculation upon
inclusion of the new information. The proposed scope of services and costs are described below.
TASK 1 — ADDITIONAL ANALYSES AND EIR REVISIONS
Based on comments received during the Draft EIR public review period regarding property and
cultural resources, as well as subsequent direction resulting from Historic Preservation
Commission and Planning Commission review of the project, the City is requesting to revise the
Draft EIR to include one additional alternative. It is our understanding that this alternative
involves the preparation of an alternate subdivision design which will accommodate the existing
Sexlinger Residence in its current location. Furthermore, this alternative proposes to include the
residence as an available property for purchase as part of the overall subdivision development,
requiring the structure to be habitable. This may require improvements or alterations to the
exterior of the property which must meet the Secretary of the Interior Standards for
Rehabilitation and will require Historic Resources Commission review for major alterations.
This new alternative will be studied and analyzed further in the Revised Draft EIR.
EXHIBIT A
URS Corporation
2020 East First Street. Suite 400
Santa Ana. CA 92705
Tel 714 835 6886
Fax. 714 433 7701
� ursnorpeeei 25A -6
Mr. Vince C. Fregoso
City of Santa Ana
Page 2 of 7
`�
Task IA: URS will meet internally to discuss the alternative and prepare a conceptual
alternate subdivision design exhibit for City staff's review and comment. Upon City approval of
the conceptual design, URS will participate in one (1) conference call with City staff to discuss
its incorporation to the Draft EIR. Up to three (3) URS staff will participate in the internal
meeting and conference call with the City.
Task 1B: Impacts of the alternative will be analyzed under the following technical
resources: Aesthetics, Agricultural Resources, Air Quality, Biological Resources, Cultural
Resources, Geology and Soils, Greenhouse Gas Emissions, Hazards and Hazardous Materials,
Hydrology and Water Quality, Land Use and Planning, Noise, Population and Housing, Public
Services, Recreation, Transportation and Traffic, and Utilities. The technical memorandum will
be prepared for the following technical resources to analyze the additional alternatives: Cultural
Resources, Transportation and Traffic.
Assumptions:
1. URS will provide an electronic copy of the technical memorandum for City staff review
and comment.
2. URS will address and incorporate one (1) round of comments /review provided by the
City.
3. URS will participate in one (1) conference call with the City with up to three (3) URS
staff to discuss the alternatives and the preparation of the Technical Memorandums.
Task 1C: URS will conduct a carbon sequestration greenhouse gas analysis and prepare a
technical memorandum with findings and recommendations. The analysis will address public
comments regarding the amount of carbon sequestration that would be lost from the change in
land use of the site from an orchard to a residential development. Results and recommendations
of this analysis will be incorporated in the Draft EIR.
Assumptions:
1. URS will provide an electronic copy of the technical memorandum for the City staff
review and comment.
2. URS will address and incorporate one (1) round of comments /review provided by the
City on the Revised Draft EIR.
Task 1D: URS will revise the circulated Draft EIR and incorporate the additional
alternative and carbon sequestration greenhouse gas analysis.
Assumptions:
1. URS will provide an electronic copy of the Revised Draft EIR for the City staff review
and comment.
2. URS will address and incorporate one (1) round of comments /review provided by the
City on the Revised Draft EIR.
25A -7
Mr. Vince C. Fregoso
City of Santa Ana
Page 3 of 7
3. URS assumes no changes will be made to the original project description or to any
portions of the Revised Draft EIR not related to the additional alternatives.
TASK 2 — NOTICING AND RE- CIRCULATION OF DRAFT EIR
URS will prepare a Notice of Availability (NOA) for the revised Draft EIR. The NOA will be
mailed by URS via regular mail to those identified on the Distribution List, as previously
provided by the City.
URS will coordinate the reproduction of hard copies of the Draft EIR document. URS will
provide to the City 25 hard copies of the Draft EIR and 25 CDs with Appendix B: Technical
Studies. URS will also provide 10 CDs with the PDF version of the Draft EIR.
URS will coordinate with the State of California, Office of Planning and Research, State
Clearinghouse and prepare 15 Executive Summaries, 15 CDs of the EIR document, and copy of
the NOA. URS will submit the package to the State Clearinghouse via overnight delivery.
Assumptions:
1. URS will provide the City of Santa Ana an electronic copy of the NOA for review.
2. URS will address and incorporate one round of City comments on the NOA.
3. URS assumes that the same Distribution List, previously provided by the City, will be
utilized again for distribution the NOA. Any additional names will be provided by the
City to URS in a timely manner.
4. URS assumes the City will be responsible for noticing of the NOA in a newspaper of
general circulation.
5. URS assumes the City will place copies of the DEIR, including all related Technical
Memorandums and Appendices, at the City Planning Counter, City Public Library, and
will be responsible for posting these documents on the City's website.
6. URS assumes the City will be responsible for mailing and distributing hard copies to
other interested parties and agencies beyond the 25 hard copies provided.
TASK 3 — RESPONSE TO COMMENTS
Upon close of the public review period, URS assumes City staff will compile and distribute one
(1) complete set of all comments received on the Revised Draft EIR. URS will address only
comments related to the additional alternative or new information provided in the Revised Draft
EIR. URS will address up to 15 comment letters received on the revised alternative analysis.
Comment letters beyond the 15 letters or comments that require substantial analysis will require
additional fees through a subsequent contract and budget amendment. Responses to the
comments will be prepared and submitted electronically to the City for review. URS will address
and incorporate two (2) rounds of comments by the City on the URS responses. URS will
finalize the response to comments and format the continent letters and responses for inclusion
25A -8
Mr. Vince C. Fregoso
City of Santa Ana
Page 4 of 7
L jj mt�
into the Final EIR. An internal review will be performed by Senior URS staff on the responses to
comments.
Assumptions:
1. URS will address up to 15 comment letters.
2. URS will
notify the
Client of any anticipated budget constraints
when reviewing
comments.
URS will
provide the client with a scope amendment
if comprehensive
responses
are required,
beyond those that can be addressed within
the agreed upon
budget.
3. City will be responsible for submitting response to comments to those agencies and
interested parties that request to review the responses prior to approval of the document.
4. City comments between each department will be reviewed for inconsistencies and
resolved prior to transmitting to URS.
TASK 4 — ATTENDANCE AT PLANNING COMMISSION AND CITY COUNCIL HEARINGS
URS staff will be available to attend up to two public hearings held to hear public testimony on
the Revised Draft EIR; one (1) before the Planning Commission, and one (1) before the City
Council Up to three (3) URS staff will attend each hearing.
Assumptions:
1. URS involvement at the hearing will be limited to providing a response for questions
related to the preparation and content of the Revised Draft EIR and will not include
preparation of materials or hearing presentations.
2. URS assumes that any required revisions to the Draft EIR are based on discussion and /or
testimony presented the public hearing will be appropriately documented by City staff
through notes, meeting minutes, or via a court reporter /transcription service to be
provided by the City.
3. If the Planning Commission or City Council hearings are extended or continued to
multiple sessions beyond one (1) hearing, an amendment will be required to attend those
additional hearings.
TASK 5 — FINAL EIR
URS will finalize and format the EIR to include the response to comments and accompanying
appendices. Some of the appendices, depending on file size, will be provided on CD. URS will
provide an electronic copy to the City for one round of review of the document. URS will
address any comments provided by the City on the draft Final EIR. URS will provide the City
with 15 hard copies of the Final EIR and 15 copies of the document on CD. URS will perform an
internal review by Senior URS staff on the Final EIR.
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Mr. Vince C. Fregoso Ms
City of Santa Ana
Page 5 of 7
Assumptions:
1. URS will provide an electronic copy to the City for one round of review.
2. URS will provide 15 hard copies of the Final EIR document.
3. URS will provide 15 CDs of the Final EIR.
4. City will be responsible for delivering the Final EIR document to agencies and interested
parties.
TASK 6— PROJECT MANAGEMENT
The project management task is for continued day -to -day management activities through the
extended duration of this project until the time of anticipated review by the Historic Preservation
Commission, Planning Commission and City Council in December 2013. Activities under this
task include quality control, billing, preparation and review of status reports and invoices, and
coordination with the City for any project - related issues for this highly controversial project. The
project manager assigned to this task will participate in conference calls or meetings, as needed,
with the City regarding any issues that may arise during preparation and review of the
environmental document.
COST AND SCHEDULE
URS' estimated cost to implement the services is $42,735.00 based on a not -to- exceed, time -and-
materials basis. Our proposal includes the costs for the proposed services, as well as our
assumptions and level of effort associated with performing the above scope of work as specified
above and based on the cultural resource issues experienced on this project since release of the
DEIR.
The following table presents a tentative schedule for the tasks included in this scope. We assume
a start date following City Council approval of the proposal, however, URS can proceed sooner
with written authorization from the City.
Task Name
Task 1 Additional Analyses and EIR Revisions
Task 2 Noticing of Draft EIR and Circulation of Draft EIR
Task 3 Response to Comments
Task 4 Attendance at Public Hearings
Task 5 Final EIR
Task 6 Project Management
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Start
Tues 11/05/13
Mon 1210213
Thurs 12/16/13
Mon 01/13/14
Finish
Fri 12/16/13
Wed 01/30/14
Fri 02/04/14
Mon 01/13/14
Jan 2014 TBD Feb 2014 TBD
Tues 11/05/13 Feb 2014 TBD
Mr. Vince C. Fregoso
City of Santa Ana
Page 6 of 7
Please feel free to contact us if you have questions or require additional information.
Sincerely,
Jeffry
URS CORPORATION
VP/Manager, Environmental Planning
Attachment A — Fee Estimate
William Manker ;
URS CORPORATION
Deputy Office ManagerNice President
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Mr. Vince C. Fregoso
City of Santa Ana
Page 7 of 7
�i
Attachment A —Fee Estimate
Tasks
Cost
Task 1- Additional AnalyseslEIR Revisions
$17,455.00
A. Finalize Alternative
$4,870.00
B. Alternative Analysis /ResourceAreas
$4,220.00
C. Carbon Sequestration GHG Analysis
$2,375.00
D. ReviseDE1R
$5,990.00
Task 2- Noticing /DEIR Circulation
$2,435.00
Task 3- Response to Comments
$9,175.00
Task 4- Public Hearings
$1,440.00
Task 5 -Final EIR
$6,980.00
Task 6- Project Management
$2,750.00
Other Direct Costs (Copies, CDs, Delivery, etc.
$2,500.00
Total
$42,735.00
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