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03-0225_IMPACT SCIENCES_Amendatory AgreementAMENDATORY AGREEMENT LA This Amendatory Agreement is made this aV _ day of February, 2003, by and between the City of San Juan Capistrano, hereinafter referred to as "CITY", and IMPACT SCIENCES, hereinafter referred to as "CONSULTANT". Whereas, CITY and CONSULTANT entered into an agreement dated May 24, 2001 for consultant servicesto prepare a Supplemental Environmental Impact Reportfor Pacific Point (General Plan Amendment, CDP/Zone Change, and Vesting Tentative Tract Map) on behalf of the CITY; and Whereas, CITY and CONSULTANT entered into an amendatory agreement dated April 15, 2002 to extend the term of the agreement from March 9, 2002 until December 31, 2002; and Whereas, the CONSULTANT and the CITY hereby desire to amend the agreement to extend the term of the agreement from December 31, 2002 to August 31, 2003, and to include the additional tasks set forth in Exhibit 2, attached and incorporated by reference; and Whereas, the total compensation for the additional tasks set forth in Exhibit 2 of this amendatory agreement shall not exceed Seventeen Thousand, Six Hundred Ninety -Five Dollars ($17,695.00); and Whereas, the total compensation for the May 24, 2001 agreement's scope of work tasks, the additional tasks set forth in Exhibit 1 of the April 15, 2002 amendatory agreement, and the additional tasks set forth in Exhibit 2 of this amendatory agreement shall not exceed Fifty -Six Thousand, Fifty -Five Dollars ($56,055.00); and NOW, THEREFORE, BE IT RESOLVED between CITY and CONSULTANT as follows: Section 1. Amend Section 1 of page 1 of the May 24, 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 asset forth in Exhibit A, Exhibit 1, and Exhibit 2, and pursuant to the payment schedule as set forth in Exhibit B, attached and incorporated herein by reference." Section 2. Amend Section 2 of Page 1 of the May 24, 2001 personal services agreement to read: "Section 2. Term. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall be completed by no later than August 31, 2003." Section 3. Amend Section 3 of Page 1 of the May 24, 2001 personal services agreement to read: PDF created with FinePrint pdfFactory Pro trial version http://www.finel)rint.com "Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this project shall not exceed Fifty -Six Thousand, Fifty -Five Dollars ($56,055.00), as set forth in Exhibit A, Exhibit 1, and Exhibit 2, attached and incorporated herein by reference." Section 4. All other terms and conditions of said agreements shall remain in full force and effect. CITY O1F,5AN JUAN/CAPISTRANO 0 h, City Manager IMPACT SCIEWCES By: --- Consultant ATTEST: arg ret R. Monahan, City Clerk APPROVED AS TO FORM: ------- ------------------- John R. S aw, City Attorney -2- PDF created with FinePrint pdfFactory Pro trial version http://www,fineorint.com - RECEIVED MAR 82001 IMPACT SCIENCES 30343 Canwood Street, Suite 210 PLANNING DEPT. Agoura Hills, California 91301 Telephone (818) 879-1100 FAX(818)879-1440 impsci®impacmiences.com March 5, 2001 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 Attn: Mr. C. J. Amstrup Re: Revised Scope of Work and Budget Estimate to prepare a Supplemental Environmental Impact Report for Pacific Point (General Plan Amendment, CDP/Zone Change, and Vesting Tentative Tract Map) Dear Mr. Amstrup: Impact Sciences is please to submit a revised scope of work and budget estimate to prepare the Supplemental Environmental Impact Report (SEIR) for Pacific Point, Final Environmental Impact Report (State Clearinghouse No. 89010046). Our inter& is not to "re -invent the wheel" but to use as much information previously prepared as possible. We will use the following information for preparation of the SEER as appropriate: • Supplemental Environmental impact Report to Pacific Point. Culbertson, Adams & Associates, Inc., October 1999. • Development Agreement for the Pacific Point Project, August 6, 1992. • Vesting Tentative Tract Map No. 15609. • Application for a General Plan Amendment. Rezone (Conceptual Development Plan Amendment), Revised Vesting Tentative Map. and Environmental Determination. prepared by Culbertson Adams & Associates, June 25, 1999. • handed Initial Study and Addendum to Environmental Impact Report No. 80-2 (Forster Canyon Planned Community) and Pacific Point EIR, prepared by Culbertson, Adams & Associates, Inc., June 1999. Since our original proposal the project applicant has changed the project application considerably to the point that some of the previously submitted documentation supporting the project may now not be applicable. Based upon our meeting with the project's representative on February 16, 2001, we understand that most if not all of the planning areas within the Pacific Point development (Tentative Tract 15609) have changed as a result of proposed modifications to the project site due to geologic conditions. As a result overall densities have changed as well as a proposed increase in the overall unit count for the site. Our previous proposal focused upon the Harbor Vista residential portion of the site, which was originally approved for research and development by the City Council in 1981. Based upon previously prepared environmental documentation, we suggest that the SEER contain the following components and chapters: 01 1'C' I IN N.11 I"".. �r,. 3""I,,,,.,, CAI 11 OH111A EXHIBIT A Mr. C.J. Amstrup March 5, 2001 Page 2 Introduction Project Description Environmental Analysis Land Use Geotechnical Resources Public Utilities/ Water Supply Air Quality Transportation/Circulation -- Biological Resources r Noise Aesthetics Organizations and Persons Consulted References We understand that the project applicant will be submitting a noise study prepared by Mestre Greve addressing the noise impacts of the Harbor Vista neighborhood. This noise study should also include proposed mitigation that is necessary to satisfy the City's Noise Element and Ordinance. As a part of this proposal it is understood that the City will coordinate with Robert Kahn to update the traffic model and subsequent conclusions. Due to the tremendous volume of geologic reports prepared for the project site, it was agreed that the City's geologic consultant would prepare a summary report outlining the conclusions of the geologic investigations. This summary report would also include a statement that the City considers the geologic materials prepared to date adequate for the level of study necessary for environmental review. Lastly, Culbertson Adams & Associates will prepare a complete project description including a summary of all proposed planning areas, proposed units and proposed density. A summary chart should be prepared presenting this information in a comparative manner to the approved General Plan designations adopted for the site in 1981, zoning and the recently approved City-wide General Plan. A visual simulation will be prepared showing Parcel 8 developed with research and development uses as compared tothe proposed residential units. Care will be taken to situate the units as allowed under the proposed CDP regulations for the Harbor Vista Residential units. Visual simulations will use prototype housing similar to design models that have been forwarded to us by the applicant's representatives. We understand that the project applicant is anxious to proceed with preparation of the Supplemental EIR. We will prepare an Administrative Screencheck EIR four weeks after receipt of all of the above noted information. We will not have our visual simulation expert begin work on the project until we all concur with the results and mitigation measures outlined in the noise study. We can accomplish this task, however, with a conference call. We anticipate that the City will require a minimum one-week review of the Administrative Draft SEIR. Given her familiarity with the project site and the community, Ms. Susan Tebo will prepare or direct the entire SEIR. Mr. Thomas Worthington will conduct principal peer Mr. C.J. Amstrup March 5, 2001 Page 3 review. Their qualifications and resumes are on file with the City. Based upon our conversations, we expect that the SEIR could be available for public review no later than late -April 200L However, this date is dependent upon the submittal of the above noted information in a timely fashion. As a note, our costs for preparation of the Supplemental EIR have increased slightly. These changes are due to several factors: our previous scope and estimated costs were more than t,. a years old and our billing rates have increased since that time. Additionally, our level of effort for the Land Use section of the EIR will be increased due to the overall change in the tentative map and subsequent land use implications. If you have any questions regarding this proposal please do -not hesitate to contact us at your earliest convenience. Per your verbal authorization, we will begin working on this project. However, we would require a written agreement to be executed in approximately two weeks. If there are any additions or modifications to the above, it will be helpful for us to know as soon as possible. We very much look forward to working with you on this project. INC. "A41 � 11 �i Thom�th' gton Susan Tebo Principal ( Senior Project Manager PACIFIC POINT SUPPLEMENTAL EIR COST ESTIMATE REVISED EXHIBIT B Project Initiation/ Kick -Off Meeting With Ci $105 8 $840 Subtotal $840 Introduction $105M241 $210 Project Description $105 $630 Geotechnical Resources $105 $2,520Trans rtation/Circulation $105 $840 Biota $105 3 $315 Noise $105 16 $1,680 AestheticsNisual Resources $105 6 $630 Utilities $105 4 $420 Land Use/Pop. Housing $105 12 $1,260 Air Quality _ $105 10 $1,050 Organizations/Persons $65 1 $65 References $65 1 $65 SubconsultarA Tibor Karsai/Aesthetics _ $3,000 Subtotal $13,525 (CONTINUES ON FOLLOWING PAGE) EXHIBIT B PACIFIC POINT SUPPLEMENTAL EIR COST ESTIMATE REVISED Subtotal from Previous Page 513,525 Response to Cfty Comments $105 16 $1,680 Attendance at Env. Assessor Meeting $105 8 $840 Prepare Document $55 20 $1,100 Subtotal Plannin Commission (2)$105 10 $3,620 $1,050 $1751 10 $1,750 city Council 2 $105 10 $1,050 $175 10 $1750 Subtotal $5,600 Res ses to Comments" $105 24 $2,520 $175 8 $1,400 Project Management $105 12 $1,260 Princi al Review_ $175 6 $1,050 Prepare Document $55 8 $440 _ Graphics $65 16 $1,040 Subtotal $7,710 Reimbursables' GRAND TOTAL — �--------� — --------- $500 $31,795 ----------------- ----------------- ------------ 0 ttional — — -- --_ -- — _ Miti ation Monitoring Program J -- _ $65_ 4 — bit Total ' This cost estimate does not include document reproduchon costs " Estimate only. Additional time required for this task will be negotiated with the Gity if required. $260 $260 IMPACT SCIENCES 30343 Canwoad Streec, juice 210 Agoura Hills, Glifomia 91701 Tetcphonc (818) 979-1100 FAX(918)S79-1440 impsciQi mpactsc icnces.com October 31, 2001 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Atte: Mr. Tom Tomlinson/Jim Bames Re: Revised Scope of Work and Budget Estimate to prepare a Supplemental Environmental Impact Report for Pacific Point (General Plan Amendment, CDP/Zone Change, and Vesting Tentative Tract Map) Dear Mr. Tomlinson and Mr. Barnes: On October 9, 2001 we met to discuss the revised tentative tract map associated with the Pacific Point project. We understand that the tentative map has been redesigned based upon comments from the City of San Juan Capistrano. Additionally, the number of lots proposed has changed as well as some of the product type to include multi -Family units. As you are aware this project has been redesigned several times and there have been a number of I's tart -stops" with regards to the preparation of environmental documentation for the project proposals. Our previous scope of work submitted to your office was dated March 5, 2001, which addressed the latest project design at that time. Environmental documentation and attendance at meetings was completed to the extent possible. However, it should be noted that not all of the tasks as outlined in the scope of work (March 5, 2001) were -completed. Work tasks were not completed because studies were not complete (e.g. noise) or studies were not submitted to us for analysis (e.g. traffic and 3r4 party review and summation of geotechnical studies). Consequently at this time we are submitting a revised cost estimate to update completed environmental documentation for the recently submitted revised tentative map composite dated September 4, 2001 You should note that where there are no costs for an item simply means that work was not initiated from the previous scope and additional monies are not required for that task. We appreciate the opportunity to work with the City of San Juan Capistrano and look forward to successfully completing the environmental documentation for the project proposal. If you have any questions regarding our cost estimate please do not hesitate to contact me at your earliest convenience- I look forward to hearing City Council comments made at the upcoming work session for this item on November 6, 2001. O FFIC E6 IN NORTMENN .NQ iOUTn INN CALIFOflI EXHIBIT 1 Mr. Thomas Tomlinson October 31, 2001 Page 2 Very truly yours, IMPACT SCIENCES, INC. &W or Susan Tebo Senior Project Manager PACIFIC POINT SUPPLEMENTAL EIR COST ESTIMATE REVISED BASED UPON 09-04-01 COMPOSITE Project Initiation/_ Kick -Off Meeting—With C I $105 12 $1,260 Subtotal $1,260 Introduction 10! I $0 PwieFtR $105 2 $210 -$65 10 j&5-0 Geotechnical Resources $1054 $0 Transportation/Circulation_ $105 $0 Biota ----- ---- --- $1051----- Noise AesthaticsNisual Resources $65' $105 4 2 $260 $210 Utilities Land Use/Po $65 24 $1,560 $105 $0 Organizations/Persons �65 $0 References $651 $0 Projeemanagement $105 1121 $1,260 Princo I Review $175 6i $1,050 Subtotal $6,565 -� IMPACT SCIENCES INC 12909 Agra Drive San Diego, California 92128 Telephone (858) 6734195 • FAX (858) 618-3826 TO: Amy Wolfe, City of San Juan Capistrano FROM: Rose Mamaghani DATE: 13 January 2003 SUBJECT: Revised SEIR Budget for San Juan Pacifica Amy, MEMORANDUM Job No: 327-03 I have reviewed the files for San Juan Pacifica. They include eleven tract maps for VTTM 15609 dating from 1998 to 2002, a number of reports, meeting notes, and correspondence. Based on the correspondence, Impact Sciences, Inc. (ISI) has been working on the San Juan Pacifica project since 1998, with a number of lulls during the Supplemental Screencheck Draft EIR preparation process. The original budget for the project was $31,795. On March 5, 2001, ISI requested an additional $7,825 to complete the work, resulting in a total project budget of $39,620. We notice that Civic Solutions correspondence to Culbertson, Adams & Associates on November 8, 2001 requested only an additional $6,565, which gives us the billing limit of $38,360 on our invoices. Of this total budget, $22,190 was allocated to project orientation/kick-off and preparation of the Screencheck Draft SEIR, including the visuals done by Tibor Karsai. As of January 2003, ISI had spent $21,948.48 on the preparation of the Screencheck Draft EIR (including Tibor Karsai s work), and we have yet to complete the screencheck document. This fact is attributed to the number of starts/ stops on the project; the number of meetings requiring attendance by ISI staff; the number of tract maps submitted to ISI for review that have subsequently been superseded (a total of eleven tract maps with dates ranging from September 4, 1998 to March 15, 2002); the need to update data that date as far back as 1990; and the need to place different staff on the project as a result of internal workload distribution on other projects over the five years LSI has been working on the project. Unanticipated management costs were also incurred. After reviewing all available documents on the project, we have determined it will cost $17,695 to prepare the Screencheck Draft SEIR, excluding costs to prepare and reproduce the documents for City staff review, to attend meetings at the City, and to respond to City comments on the Screencheck Draft. The breakdown of costs is provided on the attached spreadsheet. With approval of this contract amendment, our total billing limit for preparation of the SEIR will be $56,055 ($38,360 + $17,695 = $56,055). You will note that we added hours to discuss the history of the Pacific Point project, as well as the findings of the FEIR certified in 1991. Section 15163(e) of the CEQA Guidelines states that "a EXHIBIT 2 finding under Section 15091 shall be made for each significant effect shown in the previous EIR as revised." Therefore, a brief history of the project and previous EIR findings would provide the reader continuity between the previous and existing projects. The project description must include the amendment to CPD 81-01, modification of VTTM 14196, and proposal of VTTM 15609. This way, we will be looking at the project as a whole (i.e., Pacific Point), as well as the individual known actions associated with the project (i.e., VTTM 14196 and VTTM 15609). Therefore, we have also added 20 hours for graphics work as we anticipate putting detailed maps of VTTM 14196 and VTTM 15609 into the SEIR. If you have any questions or comments regarding or revised cost estimate to prepare the screencheck draft SEIR for Pacific Point, please do not hesitate to call me. cc: Susan Tebo, Associate Principal attachment: Pacific Point Supplemental EIR: Additional Costs to Prepare Screencheck Draft SEIR PACIFIC POINT SUPPLEMENTAL EIR ADDITIONAL COSTS TO PREPARE SCREENCHECK DRAFT SEIR Impact Sciences, Inc. January 2003 Project Orientation $95 7 16 $1,520 Site Visit $95 6 $570 Document Preparation Introduction includingResponses to NOP, $95 8 $760 Findings of 1991 FEIR per Sect. 15163 Project History and Description $95 8 $760 Geotechnical Resources Summa $95 16 $1,520 Transportation/Circulation Summary $95 24 $2,280 Biota $130 1 $130 Noise Summar $95 16 $1,520 Aesthetics/Visual Resources $95 6 $570 Utilities - Water $95 12 $1,140 Land Use/Pop. Housing $95 6 $570 Air Qality $95 24 $2,280 Organizations/Persons $65 1 $65 References $65 2 $130 Graphics" $60 20 $1,200 Associate Principal Review $130 8 $1,040 Project Management $95 12 $1,140 Reimbursables" $500 Total Additional Costs to Prepare Screencheck Draft SEIR $17,695 - This cost estimate does not include document reproduction costs. ** Estimate onl . Additional time required for this task will be negotiated with the City if required. Impact Sciences, Inc. January 2003