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Home My WebLink About25C - AGMT - EIR FOR SAN LORENZO SEWER LIFTREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 18, 2011 TITLE: SECOND AMENDMENT TO AGREEMENT WITH T & B PLANNING FOR ENVIRONMENTAL IMPACT REPORT FOR THE SAN LORENZO SEWER LIFT STATION (PROJECT NO. 063510) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on V' Reading ? Ordinance on 2n° Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a second amendment to the agreement with T & B Planning in the amount of $40,275 for a total contract amount not to exceed $135,549. DISCUSSION On March 1, 2010, City Council approved a contract with T & B Planning, Inc. to prepare an Environmental Impact Report (EIR) for construction of the San Lorenzo Sewer Lift Station Project (Exhibit 1). The contract was for $87,274 plus a contingency amount of $8,000. Amendment No. 1 was executed in February 2011, authorizing expenditure of the $8,000 contingency. This second amendment provides for additional tasks and budget for services which were not anticipated under the agreement (Exhibit 2). Specifically, it has been determined that the EIR for the project will need to be recirculated for a second 45-day public review period. This is required in order to address additional comments received just prior to the City Council meeting on February 7, 2011, and to ensure that the EIR will withstand any further legal challenges related to the California Environmental Quality Act. The second amendment amount of $40,275 includes an $8,000 contingency fund in the event additional services are required. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 25C-1 Environmental Impact Report for the San Lorenzo Sewer Lift Station April 18, 2011 Page 2 FISCAL IMPACT Funds are available in the Sewer Connection Fee Fund (accounting unit 05517660-66220). APPROVED AS TO FUNDS AND ACCOUNTS: U4 Me IL thZA Raul Godinez II Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Management Services Agency RG:SW Exhibit 1: Vicinity Map Exhibit 2: Agreement 25C-2 U) WARNER ccn AVE Cf) CENTRAL AVE g w Q o ° z U) o w''. w U). HEMLOCK WY Y L Q m ° TO p?lE E N LPN ?O? AVE SEGERSTROM . NEW ?O LIFT STATION o 6 ALTON w O U- MACARTHUR AVE J Z (n Q m SUNFLOWER AVE VICINITY MAP EXHIBIT 1 City Council Agenda Date APRIL 18, 2011 Title: SECOND AMENDMENT TO AGREEMENT T PLANNING FOR EN AL IMPACT REPORT C, 10 o ?s 25C-4 EXHIBIT 2 Agreement 25C-5 SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT is entered into on April 18, 2011, by and between T&B PLANNING, INC., a California corporation (`Consultant") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (`City"). RECITALS: A. The parties entered into that certain Agreement A-2010-040, dated March 1, 2010, (hereinafter "said Agreement") by which Consultant has provided an environmental study and related technical reports related to the City's San Lorenzo Sewer Lift Station Project. B. The Project has been contested, requiring the preparation of additional studies and revised environmental review. C. Said Agreement was amended by agreement of the parties dated February 23, 2011, to provide for additional traffic analysis, and increase compensation to pay for those studies. D. In accordance with the terms and conditions of said Agreement, the parties wish to again amend the Scope of Services to provide the additional environmental review services and increase compensation to pay for those additional services. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Second Amendment to Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be deleted in its entirety and replaced with the following language: "a. Consultant shall prepare an Environmental Impact Report (EIR), supporting technical studies and all CEQA required notices for the San Lorenzo Sewer Lift Station Project (hereinafter, "Project"), as set forth in Consultant's Proposal dated January 29, 2010, attached as Exhibit A to said Agreement, and incorporated by reference. Consultant shall provide additional traffic analysis on Bristol Street north of Segerstom Avenue, including: 1. Evaluate the potential impact and/or closure temporal restrictions required to avoid an impact associated with the potential closure of one or more lanes on South Bristol Street more than 300 feet north of West Segerstom Avenue. 2. Prepare a supplemental analysis letter summarizing the findings of the supplemental analysis completed in Task 1. 3. Provide up to three (3) hours of Principal time to participate in the ongoing environmental process, including review of materials, discussions with the project team, and / or providing input to the team. c. Consultant shall provide additional alternative site analysis in response to objections to the EIR for the San Lorenzo Sewer Lift Station. 25C-6 d. Consultant shall provide additional services required to prepare, recirculate and respond to comments on a revised Environmental Impact Report, as set forth in Exhibit A-1, attached hereto and incorporated by this reference. e. If additional services/studies are required to complete the Revised EIR, Consultant shall prepare a written Proposal and Fee Schedule setting forth the additional services. The Executive Director of Public Works may, in writing, authorize the additional services proposed by Consultant. 2. Section 4.a., COMPENSATION, shall be amended to increase compensation by $32, 275, to pay for the additional services set forth above. The services will be billed on a time and materials basis with a not to exceed amount for each task, as set forth in Exhibit A-1. An additional $8,000 contingency shall be available for additional services authorized by the City as set forth in Section Le., above. The total compensation pursuant to said Agreement, and Amendments 1 and 2, shall not exceed $135,549.00. Section 5, TERM, shall be amended to extend the term of said Agreement an additional two years, through June 30, 2013. 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council CITY OF SANTA ANA DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH STRAKA Interim City Attorney By: Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: RAUL GODINEZ, II Executive Director - PWA T&B PLANNING, INC. JOEL MORSE Vice President 25C-7 25C-8