01-1001_DAVID EVANS AND ASSOCIATES, INC._Agreement AmdAMENDATORY AGREEMENT
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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
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DAVID EEVA•NS_AND ASSOCIATES, INC.
Susan D. Lamoureux, Environmental Mfinager
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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.
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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