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HomeMy WebLinkAboutContracts & Agreements_197-2019SECOND AMENDMENT TO THE AGREEMENT FOR THE PROVISION OF PROFESSIONAL ENVIRONMENTAL CONSULTING SERVICES This second amendment ("Second Amendment") to the agreement dated the 18th day of December, 2018 (the "Agreement"), by and between the City of Redlands, a municipal corporation ("City") and First Carbon Solutions ("Consultant"), is made and entered into this 3rd day of October, 2019. RECITALS WHEREAS, it is the desire of City and Consultant to increase Consultant's Scope of Services of their existing Agreement, and amend Article 5.1 to correspondingly increases Consultant's total compensation by the amount of thirty nine thousand seven hundred eighty five dollars ($39,785); NOW, THEREFORE, City and Consultant agree as follows: AGREEMENT Section 1. The Scope of Services of the Agreement is hereby amended to include the additional work more particularly described in Exhibit "A," entitled "Augment #2 Scope of Work," which is attached hereto and incorporated into this Second Agreement. Section 2. Section 5.1 of the Agreement is hereby amended to read as follows: "5.1 The total compensation for Consultant's performance of the Services shall not exceed the amount of one hundred nine thousand eight hundred twenty three dollars ($109,823). City shall pay Consultant on a time and materials basis up to the not to exceed amount, in accordance with Exhibit "B," entitled "Project Costs and Hourly Rates," which is attached hereto and incorporated herein by this reference." Section 3. All other provisions of the Agreement shall remain unchanged by this Second Amendment and in full force and effect. IN WITNESS WHEREOF, the parties involved have executed this Second Amendment to be effective on October 3, 2019. CITY OF REDLANDS 3 ' e cConnell, Assistant City Manager Attest: itty Clerk FIRST CARBON SOLUTIONS 14�- cy�zl yi��e _e�� e i Tuttle, Xnior Director 1 L kcaldjmlAgreementslSecond Amendment to First Carbon Agreement.docx EXHIBIT "A" AUGMENT # 2 SCOPE OF WORK Task 1: Organizing and Preparing Draft Responses to Comments FCS has managed the team in organizing and bracketing 56 comment letters received on the Recirculated Draft IS/MND. FCS compiled every comment into a matrix that was distributed to the project team (i.e., City and applicant consultants) to facilitate prompt and efficient response. FCS prepared written responses to comments received on the Recirculated Draft IS/MND that raise significant environmental issues and submit them for City staff and the Applicant's review. The responses to comments were prepared based upon the CEQA Guidelines and the City's CEQA implementing procedures. The response to comments from the applicant's consultants were compiled into a single matrix for review by City staff. This task includes review by FCS's in-house legal counsel to ensure legal adequacy of responses to comments. Task 2: Prepare Final IS/MND After City's review and approval of the draft responses to comment matrix, FCS will incorporate the responses into the Final IS/MND document. The Final IS/MND document will contain master responses to address reoccurring comments, written responses to comments, collated public comment letters, and an Errata section to address any edits or changes to the Recirculated Draft IS/MND. The Final IS/MND will be reviewed by FCS's in-house CEQA legal counsel for legal adequacy. The draft Final IS/MND will be submitted electronically for the City's review. Task 3: Prepare Public Hearing Presentation As requested by the City, FCS prepared and delivered a formal PowerPoint presentation at the Planning Commission and will do the same for the City Council hearings. The presentation will cover the Master Responses to the recurring topics from the public comment letters. The presentation will be submitted to the City for review, prior to the hearings, and FCS will revise the presentation one time based on a single set of consolidated comments. Task 4: FCS Peer Reviewer Attendance at Public Hearings As requested by the City, FCS's peer reviewers for air quality and traffic were in attendance at the Planning Commission and will be available at the City Council meetings. Please note that FCS's noise peer reviewer is only available to attend the City Council meeting on October 15, 2019. Task 5: Additional Project Management and Coordination FCS continues to coordinate closely with the City and project team. This task includes additional coordination with City staff and the broader project team as it pertains to drafting written responses and the preparation of the Final IS/MND, This task also includes project management, coordination and regular interaction with internal FCS staff through project completion, including ongoing invoicing and project updates. 2 L:1caldjm\Agreements\Second Amendment to First Carbon Agreement. doex EXHIBIT "B" Project Costs Direct Costs Direct costs constitute the following: . Copies of the Recirculated Draft IS/MND and Final ISAUN-D for the City of Redlands . Travel time to and from the hearings for FCS Peer Reviewers COST ESTIMATE The proposed fees are based upon the Scope of Work described above. Task Task 1: organizing and Preparing Draft Responses to Comments Task 2: Prepare Final IS/MND Task 3: Prepare Public Hearing Presentation Task 4: Peer Reviewer Attendance at Public Hearings Task 5: Additional Project Management and Coordination Direct Costs Total Professional Fee Assumptions Fees $8,400 $7,900 $9,180 $9,230 $4,250 $825 $39,785 * Costs have been allocated to tasks based upon FCS's proposed approach. During the work, FCS may, on its sole authority, re ❑ allocate costs among tasks and/or direct costs, as circumstances warrant, so long as the adjustments maintain the total price within its authorized amount. • In the event that updated project details are provided and/or changes to FCS's Scope of Work are necessary, FCS will contact the City in writing to submit a revised fee for consideration, and a contract amendment will be processed. Requests for additional work will be documented, and a completion timetable and estimated fee will be submitted to the City for approval. 3 U\caldjnAAgreements\Second Amendment to First Carbon Agreement.doex