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01-1001_DAVID EVANS AND ASSOCIATES, INC._Agreement AmdAMENDATORY AGREEMENT c4- a This Amendatory Agreement is made this —r-i#rday of Se er, 2001, by and between the City of San Juan Capistrano, hereinafter referred to as "CITY", and DAVID EVANS AND ASSOCIATES, INC., hereinafter referred to as "CONSULTANT". Whereas, CITY and CONSULTANT entered into an agreement dated January 25, 2001 for consultant services to prepare an Environmental Impact Report (EIR) for Tentative Tract 15571, Rezone 97-08, Hillside Management 97-01, Ridgeline Exception 97-01 (Whispering Hills) on behalf of the CITY; and Whereas, the CITY and CONSULTANT entered into an Amendatory Agreement dated August 16, 2001 extending the term of the original agreement until February 28, 2002; and Whereas, the CONSULTANT and the CITY hereby desire to amend the agreement to include the additional tasks set forth in Exhibit 1, attached and incorporated by reference; and Whereas, the total compensation for the additional tasks set forth in Exhibit A of this amendatory agreement shall not exceed One Hundred Ten Thousand, Seven Hundred Twenty -Six and Fifty Cents ($110,726.50); and Whereas, the total compensation for the January 25, 2001 agreement's scope of work tasks and the additional tasks set forth in Exhibit 1 of this amendatory agreement shall not exceed One Hundred Eighty Three Thousand, Five Hundred Sixty -Seven Dollars and Seven Cents ($183,567.07). NOW, THEREFORE, BE IT RESOLVED between CITY and CONSULTANT as follows: Section 1. Amend Section 1 of page 1 of the January 25, 2001 personal services agreement to read: "Section 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit A and Exhibit 1, and pursuant to the payment schedule as set forth in Exhibit B, attached and incorporated herein by reference." Section 2. Amend Section 3 of Page 1 of the January 25, 2001 personal services agreement to read: "Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this project shall not exceed One Hundred Eighty -Three Thousand, Five Hundred Sixty -Seven Dollars and Seven Cents ($183,567.07), as set forth in Exhibit A and Exhibit 1, attached and incorporated herein by reference." Section 3. All other terms and conditions of said agreements shall remain in full force and effect. ATTEST: ---Z Ma V t R. Monahan, City Clerk APPROVED AS TO FORM: John R. �ShaA, CitVAttorney CITY OF SAM JUAN CAPISTRANO 0 DAVID EEVA•NS_AND ASSOCIATES, INC. Susan D. Lamoureux, Environmental Mfinager -2- Whispering Hills EIR Budget Recap Contract Amount 80% of Contract Amount Remaining (20%) City paid to date Amount paid over 80% contract Authorization for Extra Services #1 billed as of 3/29/00 Report revisions by Austin -Foust $ 1,711.37 Additional meetings $ 1,600.00 Admin. Draft EIR revisions $8,000.00 $11,311.37 Amount Paid of above Authorization for Extra Services Amount remaining to be paid of above Authorization for Extra Services Original Contract Tasks to be transferred to new/revised contract Responses to Comments $ 6,000 Final EIR $ 5,500 Printing (remaining budget) $ 2,698.48 Project Management $ 300.00 Misc. 906.52 $15,405.00 $ 77,025 $61.62 $ 15,405 $ 66,045.80 $ 4,425.80 $ 11,311.37 $ 4.425.80 $ 6,885.57 $ 15,405 EXHIBIT A Recirculated Whispering Hills EIR — Task/Fee Proposal Task A 1— Authorization for Extra Services #1 (unpaid portion) $ 6,885.57 Task A2 — Authorization for Extra Services #2 (Additional City- $3,150.00 Requested revisions by Austin -Foust Associates) Task B — Austin -Foust preparation of Responses to comments and $ 2,000.00 Clarification of Traffic Report Changes since DEIR Task C — BonTerra biological revisions as directea _y City $ 1,000.00 City to contract directly with BonTerra regarding any necessary field,/report revisions Task D — Preparation of Responses to Comments on original EIR $10,000.00 for inclusion in Draft Recirculated EIR Task E — Admin.Draft Recirculated EIR inc. one revision* $16,000.00 Task F — Draft recirculated EIR preparation $ 1,000.00 Task G— Preparation of recirculated EIR Responses to Comments $ 81000.00 Task H — Additional printing costs $ 5,000.00 Task I — Additional meetings (includes unbilled from Authorization for $ 4,400.00 Extra Services #1) Subtotalof new tasks associated with Recirculated EIR $ 57,435.57 Transfer of remaining original contract tasks 15,405 Total Budget $ 72,840.57 Optional - *Additional Admin. Draft Revisions will be $4,000 each. � a 0 DAVID EVANS ANDASSOCIATES MC. MEMORANDUM DATE: August 21, 2001 TO: Larry Lawrence FROM: Sue Lamoureux SUBJECT: Revised SOW/Budget PROJECT: Whispering Hills EIR PROJECT NO: CSJC0000-0004 COPIES: The attached scope of work has changed from the previously submitted Revised SOW/Budgets. The task lettering has been changed to reflect the numbering in our existing contract with the City. Again, only actual costs will be billed as this is a "not to exceed" contract. Budget and Task Summary for Whispering Hills Estates EER— 8/21/01 Tasks Budget J. Preparation of Technical Studies $ 76,926.50 • Biological Resources by BonTerra Consulting - $23,100* • Noise by Wieland and Associates - $ 4,150* • Austin -Foust Associates — Previous Traffic Revisions through June 2001 - $ 25,576.50 • Austin -Foust Associates — Traffic Revision for School Alternative - $ 4,000 • Austin -Foust Associates — New Post -98 Traffic Study for Project and School - $ 18,900* • DEA — AirQuali -$1,200 K. Alternatives Analysis $ 3,000 L. EIR Preparation $ 6,000 M. Subconsultant Responses to Comments $ 8,600 • Austin -Foust Associates - $3,000 • BonTerra Consulting - $ 5,600 N. Meetin s/Hearin s including subconsultants (up to 40 hours $ 5,200 O. Project Management $ 5,000 P. Additional Printing/Deliverables (printing, deliveries, $ 5,000 mileage, postage, etc.) Only actual costs will be billed. Q. Graphic revisions $ 1,000 Total $ 110,726.50 • Subconsultant fee is cost plus 10% 23382 Mill Creek Drive, Suite 225 Laguna Hills California 92653-1684 Phone: 949.588.5050 Facsimile: 949.588.5058 EXHIBIT 1 August 21, 2001 Page 2 It is our understanding that the City is reviewing the applicant's deposit. Pending resolution of this review, David Evans and Associates would like to have signed authorization for these additional tasks, many of which have been already performed and completed, for our files. Please let me know if you have any questions. PAYMENT FOR SERVICES Section I Consultant Fee: The total lump sum compensation for all services performed pursuant to the original agreement dated January 25, 2001, and this Amendatory Agreement shall not exceed $183,567.07. This fee shall include all costs incurred by the CONSULTANT for salary and out-of- pocket expenses for travel and miscellaneous expenses necessary to complete all work specified in the "Scope of Work" (Exhibit 'W ). Section II Contract Administration and Payment A. Consultant Payment Schedule: The City agrees to make progress payments to the CONSULTANT according to the following schedule: 1. Not more than ten percent (10%) cumulative of the total contract amount shall be paid to CONSULTANT within thirty (30) days of completion of the Notice of Preparation (NOP) process, scoping meeting, and submission of the EIR project description to CITY and upon demand by CONSULTANT. 2. Not more than ten percent (10%) monthly up to a maximum of fifty percent (50%) cumulative of the total contract amount during preparation of the technical reports and the screencheck draft EIR shall be paid to CONSULTANT within thirty (30) days of demand by CONSULTANT. 3. Not more than sixty percent (60%) cumulative of the total contract amount shall be paid to CONSULTANT within thirty (30) days of submission of the EIR project alternatives to CITY and upon demand by CONSULTANT. 4. Not more than seventy percent (70%) cumulative of the total contract amount shall be paid to CONSULTANT within thirty (30) days of submission of the screencheck draft environmental document to CITY and upon demand by CONSULTANT. 5. Not more than seventy-five (75%) cumulative of the total contract amount shall be paid to CONSULTANT within thirty (30) days of submission of the draft environmental document to CITY and upon demand by CONSULTANT. 6. Not more than eight -five percent (85%) cumulative of the total contract amount during the public review period on the Draft EIR shall be paid to CONSULTANT within thirty (30) days of demand by CONSULTANT. 7. Not more than ninety-five percent (95%) cumulative of the total contract amount shall be paid to CONSULTANT within thirty (30) days of the end of the public review period for the environmental document and the submission of draft responses to comments to the CITY and upon demand by CONSULTANT. WMI���� Payment for Services Whispering Hills EIR -2- Exhibit B 8. The remaining five percent (5%) of the total contract amount shall be paid to CONSULTANT within thirty (30) days of submission of the final environmental document to the CITY and upon demand by CONSULTANT. In the case of a Final EIR, it shall include revisions to the Draft EIR as a result of CITY comments, all comments received during the public review period, 'Responses to Comments", and minutes of all public meetings. Contract Amount $183,567 Project Milestone Max. Cumulative Max. Cumulative Percent Payment Payment Completion of the Notice of Preparation (NOP) process, 10% $18,357 scoping meeting, and submission of the EIR project description. During preparation of the technical reports and the 50% $91,784 screencheck draft EIR Submission of the EIR project alternatives 60% $110,140 Submission of the screencheck draft environmental 70% $128,497 document Submission of the draft environmental document 75% $137,675 During the public review period on the Draft EIR 85% $156,032 End of the public review period for the environmental 95% $174,389 document and the submission of draft responses to comments Submission of the final environmental document 100% $183,567 (C:\WINDOWS\TEMP\CEOA-P-I.WPD) EXHIBIT B