1518802.1
SECOND AMENDMENT TO CONSULTANT SERVICES AGREEMENT WITH
ENVIRONMENTAL SCIENCE ASSOCIATES FOR
ENVIRONMENTAL CONSULTING SERVICES
This Second Amendment to Consultant Services Agreement (“Second Amendment”) is executed as of February 1, 2022, by and between the City of Diamond Bar, a municipal corporation (“City”), and Environmental Science Associates, a California corporation (herein referred to as the “Consultant”) with reference to the following:
A. The City and the Consultant entered into that certain Consultant Services Agreement dated as of April 7, 2020, which is incorporated herein by this reference (the “Original Agreement”); and
B. The City and the Consultant entered into that certain First Amendment dated as of September 22, 2020, which is incorporated herein by this reference (“First Amendment”), which First Amendment and Original Agreement collectively are referred to herein as the “Agreement.”
NOW, THEREFORE, the parties hereby agree as follows:
1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Agreement.
2. Revised Scope of Services. The Scope of Services to the First Amendment is hereby amended, modified and supplemented to include the services described on Exhibit "A" attached hereto and incorporated herein by this reference.
3. Compensation. The total not-to-exceed compensation set forth in Section 3 of the First Amendment was the sum of One Hundred Forty-Seven Thousand Five Hundred Sixty Dollars ($147,560) for the preparation of a Mitigated Negative Declaration. Section 3 of the First Amendment is hereby amended to provide for an increase of Forty-Three Thousand Four Hundred Twenty Dollars ($43,420) so that the total not-to-exceed compensation, as amended by this Second Amendment, shall not exceed One Hundred Ninety Thousand Nine Hundred Eighty Dollars ($190,980) without the prior authorization of the City.
4. Integration. This Second Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This Second Amendment amends, as set forth herein, the Original Agreement and except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Second Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this Second Amendment shall control.
IN WITNESS hereof, the parties enter into this Second Amendment on the year and day as first set forth above.
1518802.1
"Consultant" "City"
Environmental Science Associates CITY OF DIAMOND BAR
By: ______ By: ____
Ruta Thomas, Senior Vice President Dan Fox, City Manager ATTEST:
____
Kristina Santana, City Clerk
Approved as to form:
By:____
David DeBerry, City Attorney
*NOTE:If Consultant is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City.
Exhibit A – Scope of Work
16755 Von Karman Avenue
Suite 200
Irvine, CA 92606
949.753.7001 phone
949.753.7002 fax
esassoc.com
January 9, 2022
Mayuko Nakajima, Associate Planner
City of Diamond Bar, Planning Division
21810 Copley Drive
Diamond Bar, CA 91765
Subject: Additional Services for Crooked Creek Residential Subdivision Mitigated Negative Declaration Dear Ms. Nakajima:
As we have discussed over the past several months, there are services that we have provided that have been outside the original executed contract. We decided that after receipt of the comments on the Public Review Draft Initial Study/Mitigated Negative Declaration (IS/MND), we would submit an additional services request. These additional services are associated with additional documentation for technical reports, CEQA reviews of the Applicant’s technical reports, numerous revisions to the project plans that lead to revisions to the IS/MND, additional management/coordination of the IS/MND process, and additional hours needed to respond to comments on the Public Review Draft IS/MND than originally estimated. Following is a detailed description of each of the additional services.
Revised ESA Technical Reports
During the preparation of the IS/MND, revisions to the grading plans, landscape plans and tree replacement plans resulted in the need to recalculate the impacts to trees meeting the City’s Tree Preservation and Protection Ordinance.
The process in determining potential impacts resulted in the need to re-review the Dudek Arborist Report as well as overlaying the existing trees on the revised grading plans while reviewing the modification to the tree replacement plan. Once the recalculation was completed, ESA was required to revise the December 2020 Peer Review of the Biological Resources Assessment and Arborist Report and update the information in October 2021based on revised plans.
In addition to supplemental biological resources documentation, the air quality, greenhouse gas and energy technical information was required to be modified to address the revised Project description that included five assessor dwelling units.
Project Manager/Senior Biologist 14 hours @ $240/hour $3,360 Air Quality/GHG/Energy Specialist 12 hours @ $190/hour 2,185 GIS Specialist 14 hours @ 190/hour 2,660
Project Biologist 10 hours @ $175 1,750
Subtotal $9,955
CEQA Review of Applicant’s Technical Reports
ESA reviewed various technical reports prepared by the Applicant’s consultants. ESA reviewed the original (August 2020) Preliminary Hydrology and Hydraulics (H&H) Report and the original (August 2020) Preliminary Low Impact Development (LID) Plan. Due to modifications to the Project, two additional versions of both documents were Ms. Nakajima
January 9, 2022
prepared: H&H in February 2021 and May 2021 and LID Plan in January 2021 and June 2021. The additional versions of these technical reports required CEQA reviews prior to incorporating the revised documentation into the IS/MND.
Various revisions to the Fuel Modification (FM) Plans occurred that required substantially more time than originally estimated. Discussions with both City staff and the Applicant occurred regarding issues associated with the FM Plans.
In addition, when there was a decision to add accessory dwelling units to the Project, a revision to the Trip Generation and VMT Screening Assessment was required. ESA provided a CEQA review of the revisions to the Assessment.
Project Manager/Senior Biologist 32 hours @ $240/hour $7,680 Subtotal $7,680
Revisions to Project Plans and Preparation of the IS/MND During the preparation of the IS/MND, the Applicant submitted numerous revisions to the Project plans. The initial plans that were received and used for initial evaluation were prepared in September 2020. Subsequent to the initial plans, revised plans were submitted in March 2021, June 2021, August 2021, September 2021 and October 2021.
These revisions required various updates to the documentation within the IS/MND.
Project Manager/Senior Biologist 40 hours @ $240/hour $9,600 Air Quality/GHG/Energy Specialist 5 hours @ $190/hour 950 GIS Specialist 5 hours @ $190/hour 950
Associate 11 hours @ $125/hour 1,375
Graphics/Project Technician 27 hours @ $120/hour 3,240
Subtotal $16,115
Management/Coordination
The original scope of work assumed the preparation of an Administrative IS/MND within three months from the Project Kickoff meeting in September 2020. Due to revisions to project plans as well as corresponding revisions to technical reports, the timeframe to prepare the Administrative IS/MND was increased to approximately nine months to June 2021. This increase in time required additional coordination and management among our staff, City staff and the Applicant than originally estimated. Subsequent to the preparation of the Administrative Draft, our original estimate was to complete the Public Review Draft within approximately two months. Due to further revisions to the Project plans, the Public Review Draft was distributed for public review approximately five months after the submittal of the Administrative IS/MND. This increased in time required further coordination and management than originally estimated.
Project Manager 24 hours @ $240/hour $5,760
Subtotal $5,760
Ms. Nakajima
January 9, 2022
Response to Comments on Draft IS/MND
The public review period for the Draft IS/MND concluded on December 20, 2021. The City received seven comment letters. ESA’s original estimate to provide a draft version of the responses to comments was 30 hours of technical staff time. Based on our review of the comments that were received, ESA estimates an additional 19 hours of technical staff time beyond the original estimate of 30 hours of technical staff time to prepare the draft version of the responses to comments.
Project Manager/Senior Biologist 9 hours @ $240/hour $2,160 Project Biologist 10 hours @ $175/hour 1,750
Subtotal $3,910
Summary
As noted above, substantial additional services were provided during the IS/MND process. Above are the detailed breakdowns of hours by staff classification for each of the additional services. The total budget amendment is summarized below and is $43,420.
Task Cost
Revised ESA Technical Reports $9,955
CEQA Review of Applicant’s Technical Reports 7,680
Revisions to Project Plans and Preparation of the IS/MND 16,115 Management/Coordination 5,760
Response to Comments on Draft IS/MND 3,910
Total $43,420
Please let me know if you have any questions.
Sincerely,
Michael E. Houlihan, AICP
Principal Associate