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Administrative Report
Council Action Date: April 5, 2016
To: MAYOR AND CITY COUNCIL
From: AARON JONES, COMMUNITY DEVELOPMENT DIRECTOR
Subject: SECOND AMENDMENT TO CONTRACT WITH ENVIRONMENTAL
SCIENCE ASSOCIATES (ESA) AND FIRST AMENDMENT TO
REIMBURSEMENT AGREEMENT WITH SOUTH BAY ASSOCIATES
SPE FOR ENVIRONMENTAL REVIEW CONSULTING SERVICES
ASSOCIATED WITH THE SOUTH BAY GALLERIA PROJECT
RECOMMENDATION
Approve second amendment to the consulting services contract with Environmental Science Associates (ESA) and first amendment to the reimbursement agreement with South Bay Associates SPE for environmental review services associated with the South Bay Galleria Project, and Authorize the Mayor to execute signature on all required documents.
EXECUTIVE SUMMARY
On December 16, 2014, the City Council approved a contract with Environmental Science Associates (ESA), an environmental consulting firm, to prepare all required environmental documentation for the South Bay Galleria Project. Scope of work includes a full Project Environmental Impact Report (EIR) and contract planning services. On December 15, 2015, the City Council approved an amendment to extend the term of the contract through December 31, 2016. A corresponding reimbursement agreement with the project developer, South Bay Associates SPE, was approved at the same meeting to cover all costs associated with the environmental review.
As a result of the Initial Study preparation and feedback from the public scoping meeting, a determination has been made that there are additional areas of review required which will be beyond the current approved scope of work. This contract amendment will expand the scope of work and include the associated costs. All work performed to date is within the scope and cost of the original contract. Should the City Council approve the requested amendments, additional work and technical studies will be commenced. All additional costs will be paid by the project developer under the proposed terms of the amended reimbursement agreement.
The City Attorney's Office has prepared the necessary contract and reimbursement agreement amendments between the City, ESA, and South Bay Associates SPE.
Administrative Report April 5, 2016
Second Amendment ESA Consultant Services Contract
BACKGROUND
The South Bay Galleria property owners are seeking to redevelop the site. The proposed development requires preparation of an EIR and additional staff and legal resources to review and process the project. The City Council approved the environmental consulting services contract and related reimbursement agreement on December 16, 2014, and extended the contract term through December 31, 2016.
The contract with ESA includes the full scope of project services including: public scoping, EIR preparation and circulation, responses to comments and Final EIR delivery. A full detail of the consultant's responsibilities and deliverables is provided in the exhibits to the attached contract. Since inception of the contract, ESA has completed the public scoping and review of scoping comments, and is commencing preparation of the Draft EIR.
During this phase, additional tasks have been identified in the areas of aesthetics, historic evaluation, geotechnical evaluation, water supply assessment, holiday traffic counts, and project alternatives analysis in greater detail than the standard CEQA requirement. Also anticipated is additional attendance by ESA staff for public hearings.
The cost of the additional services will total $68,090. Also proposed is a contingency amount of $13,618 to account for unforeseen services during the EIR process, bringing the contract total for ESA from $331,391 to $413,099.
The Reimbursement Agreement with the project developer, South Bay Associates SPE, provides for full cost reimbursement of additional environmental review, contingency, legal review, and administrative costs.
COORDINATION
The proposed contract amendments were prepared by and coordinated with the City Attorney's Office.
FISCAL IMPACT
All contract costs with ESA will be fully reimbursed to the City pursuant to terms of the Reimbursement Agreement with South Bay Associates SPE, LLC.
Expenditures Funding
ESA $413,099 South Bay Associates SPE $413,099
Administrative Report April 5, 2016
Second Amendment ESA Consultant Services Contract
Submitted by: Approved for forwarding by:
Aaron Jones Joe Hoefgen
Community Development Director City Manager
Attachments:
• Second amendment to consulting services agreement with ESA • First amendment to reimbursement agreement with South Bay Associates SPE, LLC • First amendment to consulting services agreement with ESA • Staff Report December 15, 2015
• Original Contract No. C-1412-139 with ESA
: Reimbursement Agreement No. C-1412-140 with South Bay Associates SPE, LLC.
Staff Report from December 16, 2014