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HomeMy WebLinkAboutCD Environmental Consulting Services for Northgate Mall Redevelopment Application; First AmendmentFIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH
LSA ASSOCIATES, INC. FOR ENVIRONMENTAL CONSULTING SERVICES FOR
THE NORTHGATE MALL REDEVLOPMENT APPLICATION
THIS FIRST AMENDMENT to the Professional Services Agreement by and between
the CITY OF SAN RAFAEL (hereinafter "CITY"), and LSA ASSOCIATES, INC.
(hereinafter "CONSULTANT"), is made and entered into as of the 16 day of
11 , 202 Y p2 G1P?3 OAJ
RECITALS
WHEREAS, the CITY and CONSULTANT entered into a Professional Services
Agreement dated December 3, 2021 to perform professional services in connection with CITY'S
Northgate Mall Redevelopment Application project, for an amount not to exceed $260,350 (the
"Agreement"); and
WHEREAS, CITY requires additional professional services from the CONSULTANT,
and the CONSULTANT is willing to provide such services.
AMENDMENT TO AGREEMENT
NOW, THEREFORE, the parties hereby agree to amend the Agreement as follows:
1. Article II of the Agreement, entitled "DUTIES OF CONSULTANT" is hereby
amended to include the additional services set forth in CONSULTANT's
proposals dated August 17, 2023 and November 8, 2023, attached to this First
Amendment as Exhibit A and incorporated herein by reference.
2. Article IV of the Agreement, entitled "COMPENSATION" is hereby amended to
include additional compensation payable to CONSULTANT for the services
described in Exhibit A to this First Amendment, on a fixed unit rates basis in
accordance with the Exhibit A, in a not -to -exceed amount of $74,606, and to
change the total not -to -exceed amount under the Agreement to $334,956.
4. Article V of the Agreement, entitled "TERM OF AGREEMENT" is hereby
amended, effective as of August 31, 2022, to extend the Agreement term through
December 31, 2024.
3. Except as specifically amended herein, all of the other provisions, terms and
obligations of the Agreement between the parties shall remain valid and shall be
in full force.
IN WITNESS WHEREOF, the parties have executed this First Amendment on the day,
month, and year first above written.
CITY OF SAN RAFAEL
CnklE s Alllovich
Cristi— Aldovich lNov 16.2023 M 1-4 PST)
CRISTINE ALILOVICH, City Manager
ATTEST:
Bretua� Ncc�ryca f{ ,L
Blemld 1Jw m� (lor '! l ov 1? j013 ao I b PST �
LINDSAY LARA, City Clerk
APPROVED AS TO FORM:
?, ':�
ROBERT F. EPSTEIN, City Attorney
2
CONSULTANT
By:�
Name: Anthony Petros
Title: CEO
[If Contractor is a corporation, add signature
of second corporate officer]
Rv:_
Name: Justin Cary
Title: CFO
LSA
August 17, 2023
Alicia Giudice
Community Development Director
City of San Rafael
1400 Fifth Avenue
San Rafael, CA 94901
Exhibit A
CARLSBAD
CLOVIS
IRVINE
LOS ANGELES
PALM SPRINGS
POINT RICHMOND
RIVERSIDE
ROSEVILLE
SAN LUIS OBISPO
Subject. Northgate Mall Redevelopment Project Environmental Review -Contract Modification
Request #2
Dear Ali:
The purpose of this letter is to formally request a Contract Modification for the Northgate Mall
Redevelopment Project environmental review process, which as initiated in October 2021. LSA is
requesting additional funds for the following reasons: 1) to complete the work program outlined in
Attachment A for out of scope tasks related to preparation of the Transportation section of the EIR
and 2) to continue submittal of the Administrative Draft EIR (ADEIR) in a piecemeal fashion. The
additional effort and requested budget increase for these tasks is detailed below:
ADEIR Transportation Section. As requested by the City, LSA and Parisi/Parametrix will
coordinate and perform out of scope tasks to supplement the applicant -prepared
Transportation Impact Study and prepare the Transportation section of the EIR. The detailed
scope of work is included in Attachment A and includes: 1) an evaluation of the project's
impacts on adopted programs, plans, ordinances, and policies addressing the circulation
system and 2) a signal warrant analysis. LSA will prepare the initial draft of the EIR section
(as assumed in our original scope of work) and then coordinate with Parisi/Parametrix to
complete the additional analysis and incorporate into the EIR section prior to submittal to
the City. The total cost for this task is $18,456 (Parisi/Parametrix: $15,380 and LSA: $3,076).
Continued Partial ADEIR Submittals. Six months ago, in February 2023, the City approved a
contract amendment for preparation and submittal of a partial draft of the EIR, to include
the following sections: Population and Housing, Visual Resources, Cultural Resources, Tribal
Cultural Resources, Geology and Soils, and Hazards and Hazardous Materials. These sections
have been submitted and comments have been received. It was assumed that the
remainder of the Administrative Draft EIR would be submitted once the applicant -prepared
technical studies were completed.
Since that time, LSA has agreed to prepare and submit EIR sections as they are ready, to
further expedite the environmental review process while the applicant continues to finalize
required technical studies. To date, LSA has prepared and submitted three additional EIR
sections (Introduction, Revised Project Description, and Environmental Setting) and four
more are nearly ready for submittal (Public Services, Utilities, Land Use and Planning, and a
second draft of the Population and Housing section). Comments on the Population and
Housing section in particular, and ongoing discussions related to the baseline assumptions
to be used in the EIR, have required revisions to partially -prepared and completed sections
8/27/23 (P:\CSR2001.03 Northgate\ADMIN\Contract\Northgate EIR_ConMod2_081723 doca)
157 Park Place, Pt. Richmond, California 94801 510.236.6810 www.Isa.net
LSA
of the EIR prior to submittal of the City. Additionally, LSA has received separate sets of non -
consolidated comments on several EIR sections.
As you are aware, although schedule efficiencies can sometimes be realized with partial
ADEIR submittals, the original scope of work and cost estimate assumed that a complete
ADEIR would be provided for City review. In LSA's experience, additional quality assurance
and quality control time will be required to ensure that the entirety of the Draft EIR is
internally consistent prior to publication, as reviewer comments will continue to be
submitted piecemeal without the benefit of reviewing the complete document at one time.
LSA is requesting additional budget to allow for increased time to consolidate comments,
cross-check references across multiple versions, and perform document management tasks
(e.g., word processing, acronym and reference checks, formatting) in a piecemeal fashion. It
is assumed that the Screencheck Draft will be submitted as a complete document. LSA is
requesting the remainder of the contingency funds to cover this task, for a total of $5,870.
For the out of scope tasks outlined above, LSA is requesting additional funds in the amount of
$24,326. A total of $5,870 of the contract amount is allocated to the remaining contingency fund,
which is not to be used without the City's written authorization. With your approval, LSA can utilize
the contingency funds to cover the continued Partial ADEIR Submittals task, bringing the total
requested increase in the contract to $18,456, for a total contract amount of $278,806.
We would be glad to discuss this request further if you have any questions or suggestions.
Sincerely,
LSA Associates, Inc.
Theresa Wallace, AICP
Principal
Attachment A: Parisi/Parametrix —Additional Tasks Workplan
8/17/23 (P:\C5R2001 03 Northgate\ADMIN\Contract\Northgate EIR_ConMod2_081723 docx)
ATTACHMENT A
PARISI/PARAMETRIX - ADDITIONAL TASKS WORKPLAN
A crnsi� �rl N
IMS00411111#(ONS911ING Parametrix
August 8, 2023
Theresa Wallace
LSA
157 Park Place
Pt. Richmond, California 94801
Subject: Northgate Town Center CEQA Transportation Review — Additional Tasks Workplan
Dear Ms. Wallace:
In accordance with our existing agreement with LSA, Parisi Transportation Consulting (Parisi), a
division of Parametrix, Inc., has conducted a review of W-Trans' Transportation Impact Study for
the Northgote Town Square Project ("TIS," February 2023). As a result of this review, Parisi has
identified two requirements listed in the San Rafael Transportation Impact Analysis Guidelines
("TIAG," March 2021 draft version) that were not assessed for potential impacts in the TIS.
Pursuant to your request, Parisi is pleased to provide a workplan to execute the additional
assessments identified as part of this review. These two tasks are listed below:
Task 1: Evaluation of proiect against adopted programs plans ordinances or policies addressing
the circulation system
The TIS does evaluate the Project for consistency with the San Rafael Bicycle and Pedestrian
Master Plan (2018), and finds that the Project would not conflict with aspects of this plan.
However, Project consistency with additional adopted plans and policies at various levels of
government were not evaluated in the TIS. We propose to conduct the following associated
with Task 1:
• Identification of adopted programs, plans, ordinances, and policies addressing the
circulation system that pertain to the Project, and identification of goals and objectives
from these documents that form a regulatory framework for the Project.
• Evaluation of the Project for potential conflicts with identified goals and objectives from
applicable plans and policies that would constitute a potentially significant
transportation -related impact. If any potential impacts are identified, mitigation
measures to address impacts will be listed.
• Results can either be summarized in a technical memorandum or included in the draft
LSA EIR transportation chapter.
August 8, 2023
Task 2: Signal warrant analysis
The TIS does not evaluate the Project for consistency with the following CEQA threshold of
significance listed in the TIAG:
Roadway System — The project would create a significant impact related to the roadway
system if any of the following criteria are met:
At unsignalized intersections, the project results in any of the traffic signal warrants
included in the CA Manual on Uniform Traffic Control Devices (MUTCD) to be
satisfied, or for a location where any of the warrants are satisfied prior to the project,
the project increases overall travel through the intersection by more than 1 percent.
We propose to perform the traffic signal warrant analysis against this threshold of significance.
The TIS includes trip generation results for the Project, which show that the Project would result in
an increase in AM peak hour vehicle trips, and a decrease in PM peak hour vehicle trips. Overall
vehicle trips would reduce as a result of the Project.
The MUTCD includes nine different traffic signal warrants. Of these, the existing traffic volume
counts, which reflect the peak hour periods, would be sufficient for use against Warrant 3, Peak
Hour. The other eight traffic signal warrants would require either four-hour or eight -hour vehicle
counts, or are for situations that are not relevant to the three intersections (e.g. school crossing,
intersection near a grade crossing). Furthermore, as the Project would result in reduced overall
vehicle trip generation from the site and hence reduce the overall number of vehicles on the
roadway network, Warrant 3, Peak Hour will serve as a conservative vehicle volume basis for the
signal warrant analysis.
Similar to other traffic impact results in the TIS such as queuing and driveway access, the signal
warrant analysis will only be performed for the AM peak hour, as the Project would reduce PM
peak hour vehicle trips. In order to determine baseline vehicle traffic volumes to assess, this
workplan proposes re -calculation of "Baseline" vehicle traffic volumes at the three unsignalized
intersections to correct for an errant baseline vehicle volume methodology applied in the TIS.
We propose the conduct the signal warrant analysis according to the following steps:
• Obtain AM Peak hour traffic counts from the City that were conducted in 2023 for the
following unsignalized intersections:
o Northgate Drive and Thorndale Drive
o Northgate Drive and El Falsan Drive
0 Northgate Drive and Nova Albion Way
August 8, 2023
• Obtain vacancy information for the retail land uses on the Project site at the time that
traffic counts were taken.
• Calculate trip generation of vacant land uses by applying trip generation rates from the
Institute of Transportation Engineers Trip Generation Manual, 1 11h edition for the same
land use type applied in the TIS.
• Determine "Baseline" turning volumes at the three unsignalized intersections by imputing
vehicle trips that would be generated by vacant land uses onto 2023 vehicle turning
volumes, according to existing trip distribution patterns.
• Determine "Baseline Plus Project" turning volumes at the three intersections by adding
Project -generated vehicle volumes included in the W-Trans analysis. "Future" and "Future
Plus Project" vehicle volumes from the W-Trans analysis will be applied directly to the
signal warrant analysis.
• Perform signal warrant analysis by applying Warrant 3, Peak Hour criteria from MUTCD for
the AM peak hour of "Baseline," and "Baseline Plus Project," "Future," and "Future Plus
Project" scenarios.
• Evaluate warrant analysis results against threshold of significance criteria listed in the
TAIL.
• If the project results in the satisfaction of the Peak Hour traffic signal warrant at any of the
three intersections and would potentially conflict with the threshold of significance for the
"Baseline Plus Project" or "Future Plus Project" scenarios, mitigation measures will be
suggested, and LSA and the City will be notified for further discussion.
• Results will be summarized in a technical memorandum. A draft memorandum will be
prepared, and upon receipt of one set of non -contradictory comments, a final
memorandum will be prepared for submission.
As per the MUTCD, the satisfaction of a traffic signal warrant does not in itself require the
installation of a traffic control signal. The results of this analysis will to be used as informing
additional consideration and evaluation in consultation with the City. If any of the signal
warrants in this analysis is satisfied, Parisi can develop separate work scope to perform additional
signal warrant analysis or improvement evaluation.
Assumptions
It is assumed that Parisi will receive traffic counts at the aforementioned intersections from
the City of San Rafael and vacancy information from the site operator in a timely manner to
facilitate this analysis. If inputs are not available, the method included in the TIS for
determining "Baseline" vehicle traffic volumes will be applied to the analysis.
August 8, 2023
Timeline
Assuming receipt of authorization to proceed by August 14, 2023, we can conduct the above
tasks and prepare a draft memorandum summarizing the results of the two tasks by September
7, 2023.
The original scope of work includes Parisi's review and provision of comments on the
Administrative Draft and Screencheck Draft (two rounds) of the Transportation EIR section
prepared by LSA. This work will still commence upon receipt of the first draft from LSA and is
unincumbered by the proposed additional tasks.
Estimated Fee
Our estimated fee for conducting this work is $15,380 for the services included in the workplan,
Parisi will conduct all work on a time -and -material basis. The estimated fee is provided below.
Task
Principal
Consultant
Senior
Consultant
Engineer
III
Project
Controls
Subtotal
#
$310
$230
$145
$150
Parisi
1
Evaluation of project against adopted
programs, plans, ordinances or policies
addressing the circulations stem
2
24
1
$4,290
2
Signal Warrant Analysis
4
4
72
1
$11,090
Labor Subtotal
$15,380
Expenses
$0
Total
$15,380
Conclusion
We look forward to serving Sicular Environmental Consulting on this project. If you have any
questions, please do not hesitate to contact me.
Sincerely,
David Parisi, PE, TE
Principal Consultant
LSA CARLOVIS
CLVIS
mvinm
LOS ANGELES
PALM SPRINGS
POINT RICHMOND
November 8, 2023
RIVERSIDE
ROSEVILLE
Alicia Giudice
SAN LUIS OBISPO
Community Development Director
City of San Rafael
1400 Fifth Avenue
San Rafael, CA 94901
Subject: Northgate Mall Redevelopment Project Environmental Review - Contract Modification
Request #3
Dear Ali:
The purpose of this letter is to formally request a Contract Modification for the Northgate Mall
Redevelopment Project environmental review process, which as initiated in October 2021. LSA is
requesting additional funds for the following reasons: 1) to complete preparation of the Public
Review Draft Environmental Impact Report (EIR) on an expedited timeline and submittal of draft
sections in a piecemeal fashion; 2) for out of scope tasks and a level of effort beyond what was
originally anticipated to peer review the Noise Technical Report prepared by the project applicant
and complete the Noise section of the EIR; 3) to prepare the staff reports for the Draft and Final EIR
hearings; 4) to prepare the Findings and Statement of Overriding Considerations for the proposed
project; and 5) additional project management and meeting time associated with the
aforementioned tasks. The additional effort and requested budget increase for these tasks is
detailed below:
Expedited Completion of the Public Review Draft EIR. The Draft EIR for the proposed
project has been in process for just over 2 years. LSA's original scope of work and schedule
assumed a timeline of approximately one year for completion of the environmental review
process, and our cost estimate reflected this level of effort. Since initiation of the project,
LSA has worked diligently with the City team to conduct the environmental evaluation in a
timely manner, including during periods when the project was essentially on pause due to
re -designs or delays in receipt of requested information or technical studies upon which the
EIR analysis was to be relied upon. Two previous budget augments have been approved by
the City to accommodate submittal of the Administrative Draft EIR in a piecemeal fashion
which, as explained in those requests, requires additional time and effort. In late
September, when approximately only half of the Administrative Draft EIR had been
completed and two technical studies were still outstanding (i.e., the Air Quality and Noise
reports), the City informed LSA that a publication date for the EIR was desired in mid
November (in approximately 6 weeks), or at the earliest possible date. In order to meet this
timeline, LSA's Principal and senior level staff have worked closely with the City team to
prepare, review, and revise the Administrative, Screencheck, and Printcheck Draft EIR
versions on an accelerated timeline. To expedite the timeline and limit internal coordination
and rounds of review and editing, which the timeline makes infeasible, senior LSA staff (at
higher billing rates) have prepared much of the remaining sections of the EIR and have also
made all of the revisions and addressed comments by the City. LSA has also accepted and
11/8/23 (P:\CSR2001 03 Northgate\ADMIN\Contract\Northgate EIR_C—Mod3_110823 docx)
157 Park Place, Pt Richmond, California 94801 510.236.6810 www.Isa.net
LSA
resolved non -consolidated comments on multiple versions of most of the EIR sections. LSA's
Document Management staff (technical editors and format specialists) have also conducted
concurrent quality assurance/quality control efforts during City review, creating multiple
versions that must be internally consolidated and reviewed multiple times. Additionally, LSA
staff have worked evening and weekend hours to meet the schedule, resulting in overtime
for non-exempt employees. The total cost for expedited completion of the Public Review
Draft EIR is $22,900.
Noise Technical Report Peer Review and Noise EIR Section. The level of effort and
coordination required to peer review the Noise Technical Report prepared by the applicant's
consultant and prepare the Noise EIR section has exceeded the scope and associated cost
estimate originally anticipated by LSA. LSA originally assumed that up to two rounds of peer
review could be required. However, we have peer reviewed four rounds of the technical
report, including partial drafts that did not include the Transportation Impact Study (which
needed to be cross checked with the noise analysis) and have attended meetings and
coordinated with City staff to discuss deficiencies and potential revisions. This effort is
ongoing and the Noise Technical Report has still not been deemed adequate to prepare the
EIR analysis. To expedite the schedule, LSA also prepared a draft of the Noise EIR section
prior to receiving the latest draft of the Technical Report, and is currently updating and
revising the section to conform the latest report revisions. The total cost for this additional
effort is $5,450.
• Draft EIR and Final EIR Hearing Staff Reports. LSA will prepare the staff reports for the Draft
and Final EIR hearings. This task was not included in our original scope of work. The staff
reports will follow the City's template and will include: 1) Executive Summary; 2)
Recommended Action; 3) Property Facts; 4) Background; 5) Project Description; 6) Summary
of Environmental Review Process; 7) Summary of EIR Conclusions including impacts and
mitigation measures; 8) Summary of Alternatives; 9) Conclusions/Next Steps; 10) Summary
of Correspondence; and 11) Other Miscellaneous Items and Exhibits. It is assumed that the
staff report for the Final EIR hearing will be based on and similar to the Draft EIR staff report
but will also include a summary of the comments received on the Draft EIR and the
responses provided in the Response to Comments document/Final EIR. LSA assumes up to
two rounds of comments and revisions would be addressed to finalize each staff report. The
total cost for this additional effort is $12,460.
• Findings and Statement of Overriding Considerations. LSA will prepare the Findings and
Statement of Overriding Considerations document during the Final EIR process. The Findings
will include: 1) Introduction and Summary of the Proposed Project; 2) An Overview of the
Environmental Review Process; 3) Identification of Significant Unavoidable Impacts; 4)
Summary of Project Impacts and Mitigation Measures and Findings of Fact; 5) Summary of
Alternatives and Findings of Fact; and 6) Statement of Overriding Considerations. LSA
assumes up to two rounds of comments and revisions would be addressed to finalize this
document. The total cost for this additional effort is $9,440.
• Project Management and Meetings. LSA has been actively engaged in project management
activities and regular bi-weekly meetings since October 2021 and past contract modification
approvals have increased the budget allocated for these tasks. However, during the past
several months, increased coordination and meeting time associated with the accelerated
11/8/23 (P:\CSR2001.03 Northgate\ADMIN\Contract\Northgate EIR_ConMod3_110623 docx)
LSA
timeline has been required to track the various EIR versions, comments, and submittals and
additional weekly team meetings have been added to our scope. The total cost for this
additional effort for a duration of approximately two months is $5,900.
For the out of scope tasks outlined above, LSA is requesting additional funds in the amount of
$56,150, fora total contract amount of $334,956.
We would be glad to discuss this request further if you have any questions or suggestions. In order
to continue on the expedited timeline, we request that written authorization for the requested
contract modification be provided by November 17, 2023.
Sincerely,
LSA
Associates, Inc.
Theresa Wallace, AICP
Principal
11/8/23 (P:\CSR2001 03 Northgate\ADMIN\Contract\Northgate EIR_ConMod3_110823.docx(
CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: City Manager
Project Manager: Bernadette Sullivan Extension: 3353
Contractor Name: LSA Associates, Inc.
Contractor's Contact: Theresa Wallace Contact's Email: theresa.wallace@lsa.net
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step
RESPONSIBLE
DESCRIPTION
COMPLETED
REVIEWER
DEPARTMENT
a. Email PINS Introductory Notice to Contractor
DATE
Check/Initial
1
Project Manager
L i;.:k ilir: - '
❑
Cuter a da":
b. Email contract (in Word) and attachments to City
Click here to
Attorney c/o Laraine.Gittens@cityofsanrafael.org
+,t, r : cl.+':
❑
2
City Attorney
a. Review, revise, and comment on draft agreement
11/7/2023
and return to Project Manager
11/7/2023
❑x NT
b. Confirm insurance requirements, create Job on
Department Director
PINS, send PINS insurance notice to contractor
❑X NT
3
Approval of final agreement form to send to
11/14/2023
❑x
contractor
-
is-4
Project Manager
Forward three (3) originals of final agreement to
11/14/2023
C
contractor for their signature
,
5
Project Manager
When necessary, contractor -signed agreement
N/A
agendized for City Council approval *
*City Council approval required for Professional Services
Agreements and purchases of goods and services that exceed
Or
$75,000; and for Public Works Contracts that exceed $175,000
Click Here to
Date of City Council approval
enter a da}e
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
6
Project Manager
Forward signed original agreements to City
(
J
Attorney with printed copy of this routing form
-
7
Attorney
Review and approve hard copy of signed
agreement
FCity
8
City Attorney
Review and approve insurance in PINS , and bonds
(for Public Works Contracts)
9
City Manager / Mayor
Agreement executed by City Council authorized
official
Attest signatures, retains original agreement and
10
City Clerk
forwards copies to Project Manager
LSA Associates 1 st Amendment to PSA-
Northgate Mall -Environmental Consulting
Final Audit Report 2023-11-16
Created: 2023-11-15
By: Laraine Gittens (laraine.gittens@cityofsanrafael.org)
Status: Signed
Transaction ID: CBJCHBCAABAAiWKnkmSvYRB305-dYlg3FtEdbJbJScD9
"LSA Associates 1 st Amendment to PSA-Northgate Mall-Environ
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