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HomeMy WebLinkAboutCED Environmental Consulting Services for Northgate Mall Redevelopment Application; Third AmendmentTHIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH LSA ASSOCIATES, INC. FOR ENVIRONMENTAL CONSULTING SERVICES FOR THE NORTHGATE MALL REDEVELOPMENT APPLICATION THIS THIRD 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 Dec 18, 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, the CITY and CONSULTANT entered into a Second Amendment to the Professional Services Agreement dated July 22, 2024 to perform additional professional services in connection with CITY'S Northgate Mall Redevelopment Application project, for an amount not to exceed $175,895 and increasing the total not to exceed under the Agreement to $510,851; 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 proposal dated November 21, 2024 attached to this Third 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 Third Amendment, on a time and materials basis in accordance with the Exhibit A, in a not -to -exceed amount $105,000 and to change the total not -to -exceed amount under the Agreement to $615,851. 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 Third Amendment on the day, month, and year first above written. CITY OF SAN RAFAEL A.aaa�� �' ,Pe6uiaoi f�isa� Anrela . Robinson Pinon (Dec 18. 202414:27 PSTI CRISTINE ALILOVICH, City Manager ATTEST: 8`ehna Atenfi (�oY) Brenna t1Urm, (!or) (pet 18. 202.1 1.:29 P LINDSAY LARA, City Clerk APPROVED AS TO FORM: RAW1--P E j623k Robert F. Epstein (Dec lit, 202414:10 PST) ROBERT F. EPSTEIN, City Attorney 2 CONSULTANT 40� By: Anthony Petros (Dec 17, 202416:54 PST) Name: Anthony Petros Title: CEO Name: Justin Cary Title: CFO LSA November 21, 2024 April Talley Project Director City of San Rafael 1400 Fifth Avenue San Rafael, CA 94901 CARLSBAD CLOVIS IRVINE LOS ANGELES PALM SPRINGS POINT RICHMOND RIVERSIDE ROSEVI LLE SAN LUIS OBISPO Subject: Northgate Mall Redevelopment Project Environmental Review - Contract Modification Request #6 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 costs and out of scope tasks required to complete the Final EIR for certification and public hearings. As of the Draft EIR comment period close on March 5, 2024, approximately 260 comment letters were received and the cost estimate for responding to these comments and completing the Final EIR was documented in Contract Modification Request #5, dated June 6, 2024. However, since that time, LSA has completed additional tasks that were not included in the previous amendment. In addition, the cost estimate slightly underestimated the level of effort that would be required to prepare the Final EIR. Additional tasks are outlined as follows: Revisions to the Project. Since approval of the last contract amendment and submittal of the first sections of the Administrative Draft Response to Comments (RTC) Document, LSA was directed to include a description and review of the Revised Project application, which was submitted in June 2024. This involved review of the project application re -submittal materials, including the project plans and project narrative, preparation of the revised project description, an evaluation of the revised project impacts compared to the proposed project evaluated in the Draft EIR for each environmental impact topic, and an evaluation of the proposed project alternatives and comparison to the revised project. This discussion was included as Chapter 2.0 of the RTC Document and the document was reorganized to accommodate the new chapter. Additionally, LSA spent time reviewing and researching the potential approach to include the SB 330 pre -application submitted by the project sponsor in the environmental review process. The project team ultimately decided not to move forward with review of this application, which has since expired. • Additional Comment Letters. Since March 5, 2024 additional comment letters were provided to LSA to draft responses to. These included comment letters that were received after 5pm on the day that the comment period closed as well as two letters that were received in May 2024. One of these letters was very extensive in both length and substance and required additional research and coordination with City staff in order to prepare an adequate response. 11/21/24 (PAA-E\CSR2001 03 Northgate\ADMIN\Contract\Northgate EIR_Con Mod6_112124.docx) 157 Park Place, Pt. Richmond, California 94801 510.236.6810 www.isa.net LSA In addition, since publication of the Final EIR, the City conducted a review of the comment letters received and determined that several letters received during the public comment period were inadvertently omitted from the Final EIR. LSA prepared an Addendum to the FEIR to provide responses to these comment letters. LSA also prepared a response memo to address comments provided to the Planning Commission in advance of the certification hearing on October 29, 2024. Two of these letters included substantive comments that were addressed in the memo. Public Hearing Transcript. After the public hearing transcript was enumerated and responses were drafted, LSA was requested to edit the public hearing transcript for clarity, grammar, and general readability. • Project Management/Team Meetings and Final EIR Documentation. Additional project management, meeting, and internal coordination and document management time has been required to prepare the Final EIR, Findings, Mitigation Monitoring and Reporting Program, additional Memorandums, and staff report inputs over the last several months. The level of effort for these tasks has exceeded the effort anticipated. Public Hearings. Additional staff time will be required to attend the Final EIR certification hearings, assumed to consist of the Planning Commission recommendation hearing and (potentially) two City Council certification hearings. Our original scope of work did not assume travel time for these hearings as all meetings at that time were being conducted virtually during the COVID-19 pandemic. Additionally, LSA's subconsultant for the transportation analysis, Parametrix, was not originally assumed to attend public hearings for the project. Given the above, LSA is requesting a contract modification in the amount of $105,000 to cover additional costs already incurred and anticipated to complete the environmental review process for the Northgate Mall Redevelopment Project. A total of $26,520 of this amount is for additional work and hearing attendance conducted by Parametrix. This would bring the total contract amount to $615,851. All work is conducted on a time and materials basis, and conservatively includes an additional $10,000 contingency amount to be reserved for unforeseen additional tasks that could be required between today's date and the second City Council hearing. This amount would not be utilized without the City's authorization. We would be glad to discuss this request further if you have any questions or suggestions. We understand that this request is planned to be considered by the City Council in December. We would greatly appreciate expedited processing of the executed contract amendment after City Council approval and prior to December 20, 2024. Sincerely, LSA Associates, Inc. Theresa Wallace, AICP Principal 11/21/24 (P:\A-E\CSR2001.03 Northgate\ADMIN\Contract\Northgate EIR_Con Mod6_112124.docx) Third Amendment - LSA Associates Inc. - Environmental and Consulting Services for Northgate Mall Redevelopment Final Audit Report 2024-12-18 Created: 2024-12-18 By: Nataly Torres (nataly.torres@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAA_19FSINh2M6jHdpliz238Q4R_JVSfOAd "Third Amendment - LSA Associates Inc. - Environmental and C onsulting Services for Northgate Mall Redevelopment" History Document created by Nataly Torres (nataly.torres@cityofsanrafael.org) 2024-12-18 - 0:46:44 AM GMT- IP address: 199.88.113.8 C', Document emailed to anthony.petros@lsa.net for signature 2024-12-18 - 0:48:31 AM GMT Email viewed by anthony.petros@lsa.net 2024-12-18 - 0:53:19 AM GMT- IP address: 172.226.186.6 GS© Signer anthony.petros@lsa.net entered name at signing as Anthony Petros 2024-12-18 - 0:54:15 AM GMT- IP address: 107.77.228.186 6t Document e-signed by Anthony Petros (anthony.petros@lsa.net) Signature Date: 2024-12-18 - 0:54:17 AM GMT - Time Source: server- IP address: 107.77.228.186 C4 Document emailed to Justin Cary Qustin.cary@lsa.net) for signature 2024-12-18 - 0:54:19 AM GMT Email viewed by Justin Cary austin.cary@lsa.net) 2024-12-18 - 1:27:23 AM GMT- IP address: 104.47.73.126 b© Document e-signed by Justin Cary Oustin.cary@lsa.net) Signature Date: 2024-12-18 - 1:27:41 AM GMT - Time Source: server- IP address: 68.101.113.151 Agreement completed. 2024-12-18 - 1:27:41 AM GMT �(a, SAN RAFAEL Adobe Acrobat Sign 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: CED Project Manager: Greg Minor Extension: x5017 Contractor Name: LSA Contractor's Contact: Theresa Wallace Contact's Email: Theresa.wallace@Isa.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 X enter a date. b. Email contract (in Word) and attachments to City 11/24/2024 GM Attorney c/o Laraine.Gittens@cityofsanrafael.org 2 City Attorney a. Review, revise, and comment on draft agreement 11/25/2024 and return to Project Manager 11/25/2024 ❑X NT b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 0 NT 3 Department Director Approval of final agreement form to send to 12/18/2024 ® GM contractor 4 Project Manager Forward three (3) originals of final agreement to 12/17/2024 7xl 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 12/16/2024 Date of City Council approval PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City 12/17/24 X 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) Agreement executed by City Council authorized 9 City Manager / Mayor official Attest signatures, retains original agreement and 10 City Clerk forwards copies to Project Manager Third Amendment - LSA Associates Inc. - Environmental and Consulting Services for Northgate Mall Redevelopment Final Audit Report 2024-12-18 Created: 2024-12-18 By: Nataly Torres (nataly.torres@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAAkx6lYpVmXKs_Wk5yl922xlrpWlOoZ202 "Third Amendment - LSA Associates Inc. - Environmental and C onsulting Services for Northgate Mall Redevelopment" History Document created by Nataly Torres (nataly.torres@cityofsanrafael.org) 2024-12-18 - 6:40:46 PM GMT- IF address: 199.88.113.8 C'y Document emailed to Laraine Gittens (laraine.gittens@cityofsanrafael.org) for approval 2024-12-18 - 6:42:25 PM GMT Email viewed by Laraine Gittens (laraine.gittens@cityofsanrafael.org) 2024-12-18 - 7:02:21 PM GMT- IP address: 104.47.64.254 do Document approved by Laraine Gittens(laraine.gttens@cityofsanrafael.org) Approval Date: 2024-12-18 - 7:06:46 PM GMT - Time Source: server- IP address: 199.88.113.8 Ey Document emailed to rob.epstein@cityofsanrafael.org for signature 2024-12-18 - 7:06:48 PM GMT Email viewed by rob.epstein@cityofsanrafael.org 2024-12-18 - 10:10:19 PM GMT- IP address: 73.202.77.173 d© Signer rob.epstein@cityofsanrafael.org entered name at signing as Robert F. Epstein 2024-12-18 - 10:10:36 PM GMT- IP address: 73.202.77.173 CS© Document e-signed by Robert F. Epstein (rob.epstein@cityofsanrafael.org) Signature Date: 2024-12-18 - 10:10:38 PM GMT - Time Source: server- IP address: 73.202.77.173 E7-+ Document emailed to city.clerk@cityofsanrafael.org for approval 2024-12-18 - 10:10:40 PM GMT SAN RAFAEL Adob by Adobe ~ Acrobat Sign (42 Nataly Torres (nataly.torres@cityofsanrafael.org) added alternate signer Angela.RobinsonPinon@cityofsanrafael.org. The original signer John Stefanski Qohn.stefanski@cityofsanrafael.org) can still sign. 2024-12-18 - 10:12:11 PM GMT- IP address: 199.88.113.8 Email viewed by city.clerk@cityofsanrafael.org 2024-12-18 - 10:21:56 PM GMT- IP address: 104.47.64.254 6o Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi 2024-12-18 - 10:22:05 PM GMT- IP address: 199.88.113.8 6o Document approved by Brenna Nurmi (city. clerk@cityofsanrafael.org) Approval Date: 2024-12-18 - 10:22:07 PM GMT - Time Source: server- IP address: 199.88.113.8 Lv Document emailed to John Stefanski Qohn.stefanski@cityofsanrafael.org) for signature 2024-12-18 - 10:22:09 PM GMT P'� Document emailed to Angela.RobinsonPinon@cityofsanrafael.org for signature 2024-12-18 - 10:22:09 PM GMT Email viewed by Angela.RobinsonPinon@cityofsanrafael.org 2024-12-18 - 10:22:21 PM GMT- IP address: 199.88.113.8 &o Signer Angela.RobinsonPinon@cityofsanrafael.org entered name at signing as Angela C. Robinson Pinon 2024-12-18 - 10:27:14 PM GMT- IP address: 199.88.113.8 do Document e-signed by Angela C. Robinson Pinon (Angela.RobinsonPinon@cityofsanrafael.org) Signature Date: 2024-12-18 - 10:27:17 PM GMT - Time Source: server- IP address: 199.88.113.8 E'er Document emailed to city.clerk@cityofsanrafael.org for signature 2024-12-18 - 10:27:18 PM GMT Email viewed by city.clerk@cityofsanrafael.org 2024-12-18 - 10:29:27 PM GMT- IP address: 104.47.64.254 6© Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi (for) 2024-12-18 - 10:29:39 PM GMT- IP address: 199.88.113.8 60 Document e-signed by Brenna Nurmi (for)(city.clerk@cityofsanrafael.org) Signature Date: 2024-12-18 - 10:29:41 PM GMT - Time Source: server- IP address: 199.88.113.8 k� Agreement completed. 2024-12-18 - 10:29:41 PM GMT SAN RAFAEL I Pdobe E►` Adobe ° '° "" Acrobat Sign