HomeMy WebLinkAbout05 EIR DISPOSAL MCAS 09-07-99DATE'
AGENDa,
SEPTEMBER 7, 1999
NO. 5
9-7-99
TO:
FROM'
SUBJECT:
'WILLIAM A. HUSTON, CITY MANAGER
REDEVELOPMENT AGENCY STAFF
AUTHORIZATION OF A CHANGE ORDER FOR PREPARATION OF THE JOINT
ENVIRONMENTAL IMPACT STATEMENT/EI~WIRONMIgNTAL IMPACT REPORT (EIS/EIR)
FOR THE DISPOSAL AND REUSE OF THE FORMER MCAS-TUSTIN
SUMMARY: Revision and recirculation of the Draft Joint EIS/EIR for the Disposal attd Reuse of the
former Marine Corps Air Station (MCAS) Tustin is required, necessitating a change order for
additional services with the firm of HNTB.
RECOMMENDATION
It is recommended that the Tustin City Council authorize the City Manager to execute an amendment to the
Consultant Services A~eement with the firm of HNTB for preparation of the Reuse Plan/Specific Plan and
Joint EIS/EIR for the Disposal and Reuse of the former MCAS Tustin, subject to approval of the City
Attorney.
FISCAL IMPACT
Additional services required for the project will be funded through cost sharing between the Marine Corps
and City of Tustin. The City of Tustin's cost share will be in an amount of $16,586. There are funds in
account No. 55-6010 to cover the expense in the FY 1999-2000 budget so no additional appropriation is
needed.
BACKGROUND
As the Tustin City COuncil is aware, City of Tustm and Navy/Marine Corps' staffs have been working to
complete the EIS/EIR for the Disposal and Reuse of the former MCAS Tustin. The City .is the project
manager for preparation of the joint document based on an executed Memorandum of Understanding (MOU)
with the Marine Corps. On November 16, 1998, the Tustin City Council authorized the execution of a
change order with HNTB, the City's prime contractor, for the preparation of a revised draft EIS/EIR with
costs to be shared with the Navy. As part of this action, the City Council also appropriated an additional
$204,830 toward the City's fair-share contribution for completion of the draft EIS/EIR revisions. Since that
time, the Consultant team has vigorously pursued completion of the required revisions and has completed a
revised screen review draft that was released on July 8, 1999 for public review and comment. The public
comment-period for the document officially closed on August 23, 1999.
During the preparation of the revised draft EIS/EIR, it was recognized that certain sub-consultant roles and
responsibilities needed to be slightly modified to increase work efficiency and quality assurance. The
City Council Report
Change Order for Joint EIS/EIR
September 7, 1999
Page 2
reassignment of responsibilities resulted in additional costs that need to be covered by an additional change
order related to:
· An expanded need for Quality Assurance/Quality Control.
· New California Environmental Quality Act Guidelines requiring additional rewrite of the cumulative
analysis and modification of the thresholds of significance.
Organizational revision of the document format required at the direction of the Navy.
· Additional coordination on traffic issues and modification of the format of the project's traffic studies.
· Additional and more technical analysis of technical issues and rewrites of EIS/EIR sections concerning
air quality, noise, land use, agriculture, biology, etc. to ensure that the document was legally defensible.
The change order for the additional services is an amount not-to-exceed $204,200 (Exhibit A). The City of
Tustin's share of this new change order will be $16,586. The Navy/2Vlarine Corps' share is $187,614. A
proposed schedule for completion of the project is also attached as Exhibit B.
Christine A. Shin~
Assistant City Manager
CAS:do\ccreporfihntbchngorder999.doc
Dana Ogdon(~
Senior Project Manager
Attachment
TO
CONSULTANT SERVICES AGREEMENT
TO PREPARE A RE-USE/SPECIFIC PLAN AND EIR/EIS FOR THE DISPOSAL AND
RE-USE OF TUSTIN MCAS
THIS AMENDMENT VIII TO CONSULTANT SERVICES AGREEMENT is made and entered
into by and between the City of Tustin (herein "City"), a municipal corporation and HNTB (herein
"Consultant"), pursuant to Section 2.3 "Changes", of the Consultant Services Agreement.
WHEREAS, on September 22, 1992, the Consultant Services Agreement was entered into between
the two parties identified above to prepare a Reuse/Specific Plan, required environmental
documents and other products related to the closure of Marine Corps Air Station (MCAS) Tustin
(herein "base"); and
WHEREAS, various .Amendments herein ("Amendments") to the original Consultant Services
Agreement were subsequently executed as follows: Amendment I on May 20, 1993, Amendment II
on March 3, 1994, Amendment 1II on January 5, 1996, Amendment IV on April 29, 1996,
Amendment V on May 20, 1996, Amendment VI on November 26, 1996, and Amendment VII on
October 26, 1998, respectively; and
WHEREAS, the need for supplemental work effort has necessitated that the City request additional
work items in addition to the original scope of work and previously approved Amendments to the
.Scope of Work; and
WHEREAS, the project Consultant, Howard Needles Tammen and Bergendoff (HNTB) has
responded to the need to perform these tasks with a contract amendment request dated August 12,
1999 which identifies the tasks and costs associated with the performance or completion of certain
new or additional tasks.
THEREFORE, it is agreed that the Consultant Services Agreement be amended to include and
complete certain tasks in accordance with the following additional Scope of Services:
1.0.
ADDITIONAL- SERVICES OF CONSULTANT
1.1. Pertaining to Section 1.0: Overall Project Management ·
In addition to all tasks identified in Section 1.0 of Exhibit A of the Agreement and
all provisions in previous Amendments, Consultant and their sub-consultants Cotton
Beland and KEA shall provide project management services and all additional tasks
identified in Exhibit A attached hereto and incorporated herein by reference.
1.2
Pertaining to Section 10: EIS/EIR
In addition to all tasks and products identified in Section 10 of Exhibit A of the
Agreement and all provisions in previous Amendments as it applies to the
preparation of the EIS/EIR, Consultant and their sub-consultants Cotton Beland and
KEA shall provide all additional tasks required in Exhibit A, attached hereto and
incorporated herein by reference.
2.0
COMPENSATION
1)
For the additional services to be rendered pursuant to this Amendment to the
Agreement, modifications to the consultant's compensation shall be made as shown
below and the Consultant shall be compensated an additional compensation amount
not to exceed a maximum of $204,200 and as subject to requirements contained in
Subsection 2) below.
Project Management (Task 1)
HNTB
KEA
CBA
$ <8,650>
$ 26,366
$ <6,156>
Subtotal $ 11,560
EIR/EIR (Task 10)
HNTB $ ~4,750>
KEA $167,760
CBA $ 29,630
Subtotal $192,640
Grand Total $204,200
2)
All Consultant payment requests shall be submitted to the City within 60 days of the
service provided or expense incurred provided that the City may request a more
timely submittal of payment request by Consultant in order to close out the project
or a federal grant award for the project. Under such circumstances, Consultant shall
respond to any specific billing request with 15 days of a written request.
SCHEDI~E
Consultant shall complete the Additional Scope of Work under the Agreement, all
subsequent Amendments and this Amendment within the Revised Schedule dated March
17, 1999 (attached as Exhibit B and incorporated herein by reference and any subsequent
revisions to the schedule as approved by the City). All major bolded tasks shall also be
completed incrementally as shown in the Revised Schedule.
4.0
GENERAL/SPECIAL REQUIREME~S
1)
In addition to the additional services, compensation and Revised Schedule and
special requirements identified in this Amendment, all other provisions contained in
the original Agreement and all subsequent Amendments shall continue to apply.
2)
Consultant shall be responsible for quality assurance on all required product
deliverables including proofing, necessary editing and composing. The Consultant
shall be responsible for all expenses incurred in correcting documents to comply
with the Agreement and all subsequent Amendment requirements.
3)
· Since the Scope of Work will be partially funded by. federal Community
Development Block Grant funds, Consultant shall comply with all applicable
federal Community Development Block Grant programs regulations and
requirements, as included but not limited to those shown in Exhibit "A". Consultant
shall also comply with all applicable federal, state and local laws and guidelines
applicable to its activities including but not limited to 32 CFR 278 -"Administrative'
Requirements for Assistance to State and Local Governments", Office of
Management and Budget (OMB) Circulars: A-87 - "Cost Principles for State and
Local Governments," A-128 - "Audit Requirements for State and Local
Governments," and "Drug-Free Workplace Requirements; Notice and Final Rule".
IN WITNESS WHEREOF the parties have executed this Amendment as of the dates stated below.
CITY
City of Tusfin,
A municipal corporation
DATED By:
CONSULTANT:
DATED: By:
APPROVED AS TO FORM:
William A. Huston
City Manager
Executive Vice President
HNTB
Lois Jeffrey
City Attorney
Exhibit A
August 12, 1999
Christine Shingleton
City of Tustin
300 Centennial Way
Tustin, CA 92780
ARCHITECTS ENGINEERS PLANNERS
RECEIVED
AUG 1 O 1999
ADMINISTRATION
Re: Contract Amendment No. 8
Dear Ms. Shingleton:
This cost submittal represents the resultant Contract Amendment No. 8 for our existing contract
agreement related to the subject project.
The allocation for the revised Amendment No. 8:
Total Fee increase: $204,200
By Firm:
HNTB ($13,400)
Cotton Belland Associates $23,474
KEA $194,126
Please call me at (949) 752-6940 if you have any questions.
Sincerely,
HNTB Corporation
Associate Vice-President
Attaclunents: Proposed Amendment #8
Amedment No. 8 to City ofTustin HNTB Corp. Agreement for
MCAS Tustin reuse Study and Enviro Document
August 12, 1999
Page 1 of 4
INTRODUCTION
' The following tables and discussion address the proposed reallocation scope and fees for two
tasks (Task 1-Project Management and Task 10-EIS/EIR) from previously executed Amendment
No. 7 (October t 998). This is followed by a scope and fee for new tasks not currently scoped to
be addressed in Amendment No. 8.
REVISIONS TO AMENDMENT NO. 7
Task 1-Proiect Management
Task 1 assumed HNTB and CBA would continue in the role of overall project management;
KEA was not originally proposed for this task. Since that time, hoWever, KEA has been
designated the primary role of management of EIS/EIR preparation and replaced HNTB. The
Task 1 budget has therefore been reallocated, with $16,406 budgeted for KEA and the reallocated
budget coming from CBA and HNTB.
Task 1 Reallocation Table
ORIGiNAL PROPOSED
FIRM BUDGET REALLOCATION NET CHANGE
AMOUNT
HNTB $17,720 $7,470 <$10,250>
CBA $14,400 $8,244 <$6,156>
KEA $0 $16,406 $16,406
TOTAL $32,i20 $32,120 $0
Task 10-EIS/EIR Preparation
Task 10 of Amendment No. 7 was budgeted for the preparation of the revised EIS/EIR based on
three scopes of work (Exhibit A, May 7, 1998; Exhibit B, June 8, 1998; Exhibit C, July 9, 1998).
The majority of the work was to be completed by CBA, the principal author of the
environmental document. KEA was added to the team in November 1998 to provide oversight
on NEPA issues and to provide QA/QC review of the document at the preliminary draft
submittal only ($24,000). Since that time, KEA waqs designated to take on a more active role in
the document'preparation. Certain EIS/EIR sections have been reassigned to KEA, including:
traffic, cultural/historic resources, aesthetics, environmental justice and effects on children, 'and
Amedment No. 8 to City ofTustin HNTB Corp. Agreement for
MCAS Tustin reuse Study and Enviro Document
August 12, 1999
Page 2 of 4
other CEQA/NEPA sections. Budgets for these tasks have been reallocated to KEA from CBA.
Furthermore, graphics have been reallocated from HNTB to CBA and KEA. While HNTB's role
has been reduced, they remain tasked with providing technical support for Alternative 2 and 3 at
a level of detail' more comparable to Alternative 1. Finally, CBA's budget to prepare the Record
Of Decision has been eliminated, since that task will be completed bY the BRAC office. All of
these changes are reflected in the following table.
Task 10 Reallocation Table
ORIGINAL PROPOSED
FIRM BUDGET REALLOCATED NET CHANGE
BUDGET
HNTB $14,640 $5,750 <$8,890>
CB A $148,370 $105,000 <$43,370>
KEA $24,000 $76,260 $52,260
TOTAL $187,010 $187,010 $0
NOTE: The $5,720 budget for Task 9, the $131,520 budget for Austin-Foust in Task 10, and the
$119,045 budget for "Additional Expenses" remains unchanged in this
reallocation. Thus, the total budget for Amendment No. 7 remains $475,395.
ADDITIONAL SCOPE ITEMS
Additional Funds for Project Management and EIS/EIR Preparation
In addition to reallocation'of the budget for Amendment No. 7 (discussed above), additional
work is required in this Amendment No. 8 for project management and to complete the EIS/EIR,
including:
.
Expanded QA/QC role for KEA (all submittals of draft and final EIS/EIR) to ensure that
the environmental documents are well received by all DoN and City reviewers;
.
New CEQA guidelines requiring CBA/KEA to rewrite the cumulative analyses and
modify the thresholds of significance;
3. Creation of new Chapter 7 to address the Specific Plan in a separate CEQA-only chapter.
Amedment No. 8 to City ofTustin HNTB Corp. A~eement for
MCAS Tustin reuse Study and Enviro Document
August 12, 1999
Page 3 of 4
The analysis of the Specific Plan and other implementing actions is a new chapter that
requires substantial analysis and revisions to ensure adequate documentation and
compliance with City direction;
.
KEA to rewrite Chapters 1 and 2 based on client team comments in December 1998 and
March 1999;
o
HNTB to make revisions to the Infrastructure Report and continue to provide
administrative contract management of the extended contract through March 1999.
HNTB also assisted in preparation of the alternatives analysis for the environmental
document;
o
Inability of consultant team to determine the complexity of the project or to adequately
define the scope of changes required to produce an adequate environmental document.
Since KEA joined the team in November 1998, it has become apparent to the consultant
team and the City that more extensive analysis and document changes are required to
address the public comments on the original draft EIS/EIR and the three scopes of work
which were the basis for Amendment No. 7, as well as to provide adequate NEPA
analysis acceptable to all DON reviewers.
o
KEA to provide direct coordination with AFA in finalizing the traffic report to meet City
requirements and to ensure the report's suitability for Navy base closure purposes. This
work included several meetings with Terry Austin and his staff, review of'several
screencheck documents, extensive assistance in preparation of the threSholds for
implementation of circulation improvements, revisions to the technical report,
coordination with City staff regarding impact conclusions and mitigation requirements,
and preparation of the EIS/EIR text.
o
KEA staff to provide'additional analysis of technical issues and re-writes of EIS/EIR
sections, including the air quality, noise, land use, agriculture, socioeconomics, soils and
geolo~, public services and facilities, utilities and biological sections, requiring revisions
to Chapters 3, 4 and 5 of the EIS/EIR. A soils analysis was added, the biological section
was updated by KEA several times to reflect changing wetlands information, the public
facilities and utilities sections were subStantially edited for clarity and in response to
comments on the significance criteria.
,
KEA will assume the primary role in document preparation and management throughout
the remainder of the environmental review process, assigning Tom Larkin, Teri Fenner,
Jim Kurtz, Karen Sievert, and support staff, until project completion.
Amedment No. 8 to City ofTustin HNTB Corp. Agreement for
MCAS Tustin reuse Study and Enviro Document
August 12, 1999
Page 4 of 4
Additional Funds for Tasks 1 and 10 (Aug. 99)
FIRM TASK 1 PROJECT TASK 10 EIS/EIR TOTAL
MAN A GEMENT P RE P ARA TI ON
HNTB $1,600 $4,140 $5,740
CBA ' $0 $73,000 $73,000
KEA $9,960 $115,500 $125,460
TOTAL $11,560 $192,640 $204,200
OVERALL CHANGE
The following table summarizes the proposed reallocation of funds and new work necessary to
complete the process.
TASK REALLOCATION ADDITIONAL TASKS TOTAL
FIRM
TASK 1 TASK 10 TASK 1 TASK 10 NET
PM EIS/EIR PM EIS/EIR CHANGE
HNTB- <$10,250> <$8,890> $1,600 $4,140 <$13,400>
CBA <$6,156> <$43,370> $0 '$73,000 $23,474
KEA $16,406 $52,260 $9,960 $115,500 $194,126
TOTAL $0 $0 $11,560 $192,640 $204,200
Exhibit B
MAR-17-99 14:38 FROM:KEA ENVIRONMENTAL
ID:619 233 09S2
PAGE 2/5
MAR-I?-9~
14:3~ FROM:K~A ~NVIRONM~NTA~
ID:G19 233 0~S2
3/5
MAR-17-S9 14:39 FROM:KEA ENVIRONMENTAL
..
ID:~lS 233 0~S2
MAR-I?-~9 14:3~ FROM:KEA ~NVIRONM~NTAL ID:~19 ~33 0~S2 PAO~ S/S