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HomeMy WebLinkAboutCD Environmental Consulting Services for Northgate Mall Redevelopment Application; Second AmendmentSECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH LSA ASSOCIATES, INC. FOR ENVIRONMENTAL CONSULTING SERVICES FOR THE NORTHGATE MALL REDEVELOPMENT APPLICATION THIS SECOND 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 Jul 22, 2024 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, the CITY and CONSULTANT entered into a First Amendment to the Professional Services Agreement dated November 16, 2023 to perform additional professional services in connection with CITY'S Northgate Mall Redevelopment Application project, for an amount not to exceed $74,606 and increasing the total not to exceed under the Agreement to $334,956; 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 February 7, 2024 and June 6, 2024, attached to this Second 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 Second Amendment, on a fixed fee basis in accordance with the Exhibit A, in a not -to -exceed amount of $175,895, and to change the total not -to -exceed amount under the Agreement to $510,851. 1 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 Second Amendment on the day, month, and year first above written. CITY OF SAN RAFAEL L A Cristine A(ilovich (Jul 22, 202415:51 PDT) CRISTINE ALILOVICH, City Manager ATTEST: $ mig Nkeof loos-) lo') 1Ju122.20241S: 2 Po LINDSAY LARA, City Clerk APPROVED AS TO FORM: R06erf it: Eu&k Robert F. Epstein (Jul 16.20I4 13:3D PDT) ROBERT F. EPSTEIN, City Attorney 2 CONSULTANT By: Name: Anthony Petros Title: CEO [If Contractor is a corporation, add signature of second corporate officer] By; —h-4�� Name: Amy Fischer Title: President LSA February 7, 2024 April Talley Project 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 #4 Dear April: The purpose of this letter is to formally request a Contract Modification for the Northgate Mall Redevelopment Project environmental review process, which was initiated in October 2021. LSA is requesting additional funds to cover additional labor hours incurred to prepare and finalize the Draft EIR for public review on an expedited schedule. The level of effort exceeded the budget for this task for the following reasons: 1. LSA was asked to prepare an Alternatives analysis that evaluated the Merrydale Connection as a possible potential future addition to the project; this alternative was later discarded after LSA completed the analysis and replaced with a new alternative, requiring substantial revision and additional rounds of review on the Draft EIR Alternatives chapter. 2. Comments received from the City and the applicant team on the Screencheck and Printcheck Draft EIR versions occasionally conflicted and required additional discussion, meetings, and follow ups, in addition to revisions by senior LSA technical and document management staff to various EIR chapters after some sections were already deemed complete. 3. Delays in receiving adequate technical studies from the applicant team (most notably the Noise Technical Study) required additional coordination and reviews of the Draft EIR Noise chapter prior to publication. 4. Additional level of effort required by LSA's senior management and technical experts to complete the Draft EIR on an accelerated timeline. Per our last contract modification request, it was assumed that the Draft EIR would be published in late November 2023. However, this date was pushed to January 2024 for a variety of reasons. Senior LSA staff (at higher billing rates) continued to coordinate and work on the document during this period as the project timeline and status did not allow for junior level staff (at lower billing rates) to be included in the work effort. For the additional level of effort outlined above, LSA is requesting additional funds in the amount of $18,000, for a total contract amount of $352,956. LSA also understands that the City will be seeking an expedited schedule for completion of the Final EIR, the schedule for which will be evaluated after the close of the comment period on February 19. Some of these additional funds 2/7/24 (P:\CSR2001.03 Northgate\ADMIN\Contract\Northgate EIR_ConMod4_020624.docx) 157 Park Place, Pt. Richmond, California 94801 510.236.6810 www.Isa.net Exhibit A LSA may be put towards that expedited effort or additional funds may be requested as LSA anticipates that senior level staff may be needed to complete the responses to public comments in order to meet the desired timeframe. We would be glad to discuss this request further if you have any questions or suggestions. We request that written authorization for the requested contract modification be provided at your earliest possible convenience. Sincerely, LSA Associates, Inc. TkuluwaLlmb Theresa Wallace, AICP Principal 2/7/24 (P:\CSR2001.03 Northgate\ADMIN\Contract\Northgate EIR_ConMod4_020624.doa) LSA CARLSBAD CLOVIS IS RVINE LOS ANGELES PALM SPRINGS POINT RICHMOND RIVERSIDE ROSEVILLE SAN LUIS OBISPO June 6, 2024 April Talley Project Director City of San Rafael 1400 Fifth Avenue San Rafael, CA 94901 Subject: Northgate Mall Redevelopment Project Environmental Review - Contract Modification Request #5 to Complete the Final Environmental Impact Report Dear April: The purpose of this letter is to formally request a Contract Modification for the Northgate Mall Redevelopment Project environmental review process, which was initiated in October 2021. LSA is requesting additional funds to respond to public comment and prepare and finalize the Final EIR for certification. As of the Draft EIR comment period close on March 15, 2024, approximately 260 comment letters have been received. While the majority are brief one -page submissions that include 1 to 5 individual comments requiring a response that cross references more substantive earlier comments and responses, approximately 20 of the letters submitted include detailed comments on technical items that require additional research and analysis in order to provide a thorough response. A number of these letters were submitted by law firms representing various public interest groups and organizations. These 20 letters alone comprise approximately 175 discrete comments. LSA estimates a total of approximately 500 total comments were received on the Draft EIR. The original contract assumed a placeholder budget of $18,230 to prepare the Administrative Draft Response to Comments Document and a total budget of $29,605 for the entire Final EIR effort. Based on LSA's experience in preparing responses to comments and Final EIRs for similar large-scale projects subject to intense public scrutiny, LSA assumes an average cost of $375 to respond to an individual comment; this takes into account reviews of each comment by planning and technical staff as necessary, bracketing of comments, organization and coordination with team members on draft responses, drafting of responses, revisions as needed, and QA/QC by LSA's document management staff. The use of master responses and cross-referencing is also assumed. This also assumes additional meetings and coordination with the project team, as well as up to two rounds of consolidated reviews by the City. Assuming a total of 500 comments at an average cost of $375 per comment; LSA's cost estimate to complete the Response to Comments Document is $187,500. Please note that to date, and through submittal of the Administrative Draft of responses to all agency and organization comments, LSA has expended approximately $116,605. This includes organization, bracketing and drafting of responses to all other comments. LSA is currently in the process of finalizing the responses to the individual comments and the public hearing transcript comments for submittal to the City for review. 6/7/24 (P:\CSR200103 Northgate\ADMIN\Contract\Northgate EIR_Con Mod5_060624 docx) 157 Park Place, Pt. Richmond, California 94801 510.236.6810 www.Isa.net LSA Given the above, LSA is requesting a contract modification in the amount of $157,895 to complete the Final EIR for the Northgate Mall Redevelopment Project. This would bring the total contract amount to $510,851. We would be glad to discuss this request further if you have any questions or suggestions. We request that written authorization for the requested contract modification be provided at your earliest possible convenience. Sincerely, LSA Associates, Inc. �kbU44W aVX-O Theresa Wallace, AICP Principal 6/7/24 (P \CSR2001.03 Northgate\40MIN\Contract\Nonhgate EIR_ConModS 060624.docx) RAF,q�` Z F y /rl WITH P'r�ti 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: Planning Project Manager: April Talley Extension: 3050 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 DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor Click here to ❑ enter a date. b. Email contract (in Word) and attachments to City N/A Attorney c/o Laraine.Gittens@cityofsanrafael.org 131 2 City Attorney a. Review, revise, and comment on draft agreement 7/2/2024 and return to Project Manager 7/2/2024 © NT b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor ❑X NT 3 Department Director Approval of final agreement form to send to 7/9/2024 ® AT contractor 4 Project Manager Forward three (3) originals of final agreement to 7/10/2024 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 6/17/2024 Date of City Council approval PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City 7/16/2024 AT Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed agreement 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 10 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager LSA Associates - 2nd Amendment - Environmental Consulting Services Final Audit Report 2024-07-22 Created: 2024-07-16 By: Nataly Torres (nataly.torres@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAAWEP81deMTjdE_ONgBIeH_AOXKLKR-oZ1 "LSA Associates - 2nd Amendment - Environmental Consulting Services" History Document created by Nataly Torres (nataly.torres@cityofsanrafael.org) 2024-07-16 - 6:53:28 PM GMT- IP address: 199.88.113.8 �'-► Document emailed to Laraine Gittens (laraine.gittens@cityofsanrafael.org) for approval 2024-07-16 - 6:55:29 PM GMT Email viewed by Laraine Gittens (laraine.gittens@cityofsanrafael.org) 2024-07-16 - 7:00:09 PM GMT- IP address: 104.47.64.254 4S0 Document approved by Laraine Gittens (laraine.gittens@cityofsanrafael.org) Approval Date: 2024-07-16 - 7:15:58 PM GMT - Time Source: server- IP address: 199.88.113.8 P- + Document emailed to rob.epstein@cityofsanrafael.org for signature 2024-07-16 - 7:16:00 PM GMT Email viewed by rob.epstein@cityofsanrafael.org 2024-07-16 - 8:29:54 PM GMT- IP address: 104.28.123.171 6© Signer rob.epstein@cityofsanrafael.org entered name at signing as Robert F. Epstein 2024-07-16 - 8:30:14 PM GMT- IP address: 104.28.123.171 ba Document e-signed by Robert F. Epstein (rob.epstein@cityofsanrafael.org) Signature Date: 2024-07-16 - 8:30:16 PM GMT - Time Source: server- IP address: 104.28.123.171 E-4' Document emailed to city.clerk@cityofsanrafael.org for approval 2024-07-16 - 8:30:18 PM GMT Email viewed by city.clerk@cityofsanrafael.org 2024-07-16 - 8:43:10 PM GMT- IP address: 104.47.64.254 SAN f2AFAEL I Adobe by � Adobe Acrobat Sign 6© Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi 2024-07-16 - 8:43:18 PM GMT- IP address: 199.88.113.8 d© Document approved by Brenna Nurmi (city.clerk@cityofsanrafael.org) Approval Date: 2024-07-16 - 8:43:20 PM GMT - Time Source: server- IP address: 199.88.113.8 E-4' Document emailed to cristine.alilovich@cityofsanrafael.org for signature 2024-07-16 - 8:43:22 PM GMT Email viewed by cristine.alilovich@cityofsanrafael.org 2024-07-16 - 8:56:49 PM GMT- IP address: 174.195.80.156 Email viewed by cristine.alilovich@cityofsanrafael.org 2024-07-22 - 10:51:23 PM GMT- IP address: 104.47.65.254 d© Signer cristine.alilovich@cityofsanrafael.org entered name at signing as Cristine Alilovich 2024-07-22 - 10:51:40 PM GMT- IP address: 199.88.113.8 6So Document e-signed by Cristine Alilovich (cristine.alilovich@cityofsanrafael.org) Signature Date: 2024-07-22 - 10:51:42 PM GMT - Time Source: server- IP address: 199.88.113.8 y Document emailed to city.clerk@cityofsanrafael.org for signature 2024-07-22 - 10:51:44 PM GMT Email viewed by city.clerk@cityofsanrafael.org 2024-07-22-10:52:04 PM GMT- IP address: 104.47.64.254 d© Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi (for) 2024-07-22-10:52:17 PM GMT- IP address: 199.88.113.8 Oa Document e-signed by Brenna Nurmi (for)(city.clerk@cityofsanrafael.org) Signature Date: 2024-07-22 - 10:52:19 PM GMT - Time Source: server- IP address: 199.88.113.8 Agreement completed. 2024-07-22-10:52:19 PM GMT $�'' by SAN RAFAEL Adobe "" ='''" "" "'s" Acrobat Sign