DATE: November 8, 2016
SUBJECT:
Title
RESOLUTION AUTHORIZING AMENDMENT NO. 3 TO THE AGREEMENT WITH ICF JONES & STOKES, INC. FOR ENVIRONMENTAL REVIEW CONSULTING SERVICES FOR THE TENTH AVENUE MARINE TERMINAL MARITIME BUSINESS PLAN UPDATE PROJECT TO INCREASE THE AGREEMENT AMOUNT BY $30,000 FOR AN AGGREGATE TOTAL OF $614,980
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EXECUTIVE SUMMARY:
In February 2014, District staff issued a Request for Proposals (RFP) for environmental review consulting services in accordance with the California Environmental Quality Act (CEQA) for the Tenth Avenue Marine Terminal (TAMT) Maritime Business Plan Update Project (Project).1 Attachment A shows the Project location. At the conclusion of the RFP process ICF Jones & Stokes, Inc. (ICF) was selected by the Board at their March 4, 2014 meeting. The District entered into an agreement with ICF to prepare the environmental impact report (EIR) for the Project, as well as an environmental assessment (EA) to satisfy the National Environmental Protection Act (NEPA) requirements. The authorized expenditure under the agreement was for a total of $450,000 with a termination date of March 31, 2016.2 Amendment No. 1 to the agreement was executed on March 4, 2016, which increased the agreement amount by $44,980 for an aggregate total of $494,980 and extended the agreement term to June 30, 2017.3 Pursuant to Board of Port Commissioners (BPC) Policy No. 110, BPC action was not required as the first amendment value did not exceed a 10 percent increase over the original agreement value. Additional work items not anticipated in the original Scope of Work resulted in the need for a second amendment to the agreement. The second amendment exceeded the administrative approval level allowed pursuant to BPC Policy No. 110. The Board approved the second amendment on September 8, 2016, which increased the agreement by $90,000 for an aggregate total of $584,980.4
The Final EIR is anticipated to be presented to the Board for certification on December 13, 2016. Staff has requested ICF complete additional work efforts, not originally anticipated in the Scope of Work or subsequent amendments based on recent discussions with the Environmental Health Coalition (EHC), the San Diego Air Pollution Control District (SDAPCD), and the California Air Resources Board (ARB). Therefore, staff recommends the Board authorize Amendment No. 3 to the agreement with ICF to increase the agreement amount by $30,000 for an aggregate total of $614,980. This amendment would cover the additional items needed to complete the Final EIR for consideration at the December 2016 Board meeting.
RECOMMENDATION:
Recommendation
Adopt a resolution authorizing Amendment No. 3 to the agreement with ICF Jones & Stokes, Inc. for environmental review consulting services for the Maritime Business Plan Update Project to increase the agreement amount by $30,000 for an aggregate total of $614,980.
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FISCAL IMPACT:
Funds for this item are included in the approved FY 2014-2018 Capital Improvement Program (CIP) Budget for the Demolition and Site Improvements at TAMT (Design/EIR) project (Note: the project, formerly titled TAMT Phase II Demolition - Transit Shed #1, Bay A, B, C Design, was re-titled to more accurately match the current project scope).
Compass Strategic Goals:
Authorization of Amendment No. 3 to the agreement would allow for further environmental analysis of the Project. The Project would support the modernization of the TAMT, as well as further key strategic initiatives of environmental and operational sustainability and increased efficiency at the TAMT.
This agenda item supports the following Strategic Goals.
• A thriving and modern maritime seaport.
• A Port with a healthy and sustainable bay and its environment.
• A financially sustainable Port that drives job creation and regional economic vitality.
DISCUSSION:
Project Description
The Project would replace an existing 2008 Maritime Business Plan to meet current and future market conditions at the terminal. Depending on market opportunities, some improvements may occur within a 5- to 10-year planning horizon, whereas others may not occur until the 10- to 20-year planning horizon. The proposed Project includes a variety of infrastructure improvements that may be undertaken over the long-term to increase the terminal’s capabilities and capacity including: up to five gantry cranes, additional consolidated dry bulk storage capacity, enhancements to the existing conveyor system, demolition of the molasses tanks and Warehouse C, additional open storage space, and expanded on-dock rail facilities. The Project identifies a 2035 horizon year and includes development concepts that may result in a maximum practical capacity between 5-million and 6-million metric tons of cargo annually.
The Project requires the preparation of an EIR because it identifies infrastructure improvements and additional cargo throughput that may result in physical changes to the environment. Because of the Project ’s 20-year time frame, and that project-level details are not yet known for some of the improvements, the Draft EIR evaluates the Project at the program level. However, one component of the Project would be analyzed at the project-level. This component is referred to as the Demolition and Initial Rail Component and would be completed by 2020. It involves demolishing Transit Sheds #1 and #2, grading and repaving this area, adding subsurface conduit for future electrification of the terminal, upgrading the site’s storm water system, replacing existing lighting, installing a rail lubricator and a compressed air system for air break testing, installing a modular office with restroom facilities, as well as a building with an electrical gear room, IT room, and outdoor storage space. On October 30, 2015, District staff was notified that the Demolition and Initial Rail Component was selected by the U.S. Department of Transportation to receive a $10 million grant award as a result of the District’s Transportation Infrastructure Generating Economic Recovery (TIGER) Grant application. However, the Board must review, consider, and take action on the Project’s EIR prior to accepting any TIGER grant funds, or before implementing any other components of the Project. The Project’s EIR is anticipated to be brought for consideration to the Board in December 2016.
CEQA Consulting Services Agreement
In February 2014, District staff issued an RFP for an environmental review consulting services in accordance with CEQA for the Project. ICF was selected at the conclusion of the RFP process and approved by the Board on March 4, 2014. The District entered into an agreement with ICF to prepare the EIR for the Project. The agreement total was $450,000 with a termination date of March 31, 2016. On March 4, 2016, staff executed Amendment No. 1 to the agreement, which increased the amount by $44,980 for an aggregate total of $494,980 and extended the agreement term until June 30, 2017. Pursuant to BPC Policy No. 110, Board action was not required, as the first amendment value did not exceed a 10 percent increase over the original agreement value. Additional work items not anticipated in the original Scope of Work resulted in the need for Amendment No. 2 to the agreement. Amendment No. 2 exceeded the administrative approval level allowed pursuant to BPC Policy No. 110 and Board. The Board approved Amendment No. 2 on September 8, 2016, which increased the agreement by $90,000 for an aggregate total of $584,980.
The Final EIR is anticipated to be presented to the Board for certification on December 13, 2016. Staff has requested ICF complete additional work efforts, not originally anticipated in the Scope of Work or subsequent amendments, for inclusion in the Final EIR. These additional work items are related to the following:
• Prepare a new Project alternative referred to as the Sustainable Terminal Capacity Alternative, which includes new modeling for traffic, air quality, health risk, greenhouse gas emissions, and noise.
• Prepare additional air quality, health risk, and greenhouse gas scenarios for the Maximum Practical Capacity scenario to further reduce related impacts based on recent discussions with the Environmental Health Coalition (EHC), the San Diego Air Pollution Control District (SDAPCD), and the California Air Resources Board (ARB).
Therefore, staff recommends the Board authorize Amendment No. 3 to the agreement with ICF to increase the amount by $30,000 for an aggregate total of $614,980. This proposed amendment would cover the Consultant’s requested work items needed to complete the Final EIR for consideration at the December 2016 Board meeting.
General Counsel’s Comments:
The General Counsel’s Office reviewed the proposed Amendment No. 3 to the ICF Jones & Stokes, Inc. agreement and approved it as to form and legality.
Environmental Review:
The proposed Board action does not constitute a “project” under the definition set forth in CEQA Guidelines Section 15378 because the action will not have a potential to result in a direct or indirect physical change in the environment and therefore, it is not subject to CEQA. The Board’s authorization of Amendment No. 3 to the agreement will facilitate ICF’s continuation of the environmental review process for the Project. No further action under CEQA is required.
In addition, the proposed Board action allows for the District to implement its obligations under the Port Act and/or other laws. The Port Act was enacted by the California Legislature and is consistent with the Public Trust Doctrine. Consequently, the proposed Board action is consistent with the Public Trust Doctrine.
The proposed Board action does not allow for “development,” as defined in Section 30106 of the California Coastal Act, or “new development,” pursuant to Section 1.a. of the District’s Coastal Development Permit (CDP) Regulations. Therefore, issuance of a CDP or exclusion is not required for the proposed Board action.
Equal Opportunity Program:
Due to limited known sub opportunities, no SBE goal was established for this agreement.
PREPARED BY:
Larry Hofreiter
Senior Planner
Planning & Green Port
Attachments:
Attachment A: Project Location Map
Attachment B: Draft Amendment No. 3 to Agreement
1 For the purposes of the environmental analysis, the Project is referred to as the “Tenth Avenue Marine Terminal Redevelopment Plan and Demolition and Initial Rail Component Project”.
2 Agreement for Environmental Review Consulting Services was filed on March 24, 2014, as Clerk’s Document No. 61425.
3 First Amendment to Agreement, was filed on March 4, 2016, as Clerk’s Document No. 64564.
4 Second Amendment to Agreement, filed on September 19, 2016, as Clerk’s Document No. 65613.