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HomeMy WebLinkAboutContracts & Agreements_143A-2021FOURTH AMENDMENT TO THE AGREEMENT FOR THE PROVISION OF PROFESSIONAL ENVIRONMENTAL CONSULTING SERVICES FOR A PRIVATE PROJECT This fourth amendment ("Fourth Amendment") to the agreement for the provision of Professional Environmental Consulting Services ("the Agreement") dated March 13, 2020 by and between the City of Redlands, a municipal corporation and general law city ("City") and LSA Associates Inc , a California corporation ("Consultant"), is made and entered into this 2nd day of August, 2021 RECITALS WHEREAS, it is the desire of City and Consultant to amend Exhibit "A" of the Agreement, titled "Scope of Services," to increase the scope of services to include those described in Exhibit "1," which is attached hereto and incorporated herein by reference, and WHEREAS, it is the desire of the City and Consultant to amend their existing Agreement to extend the time for completion of the services to February 28, 2022, and WHEREAS, it is the desire of City and Consultant to amend Article 5 1 of their existing Agreement to increase Consultant's present total compensation of sixty-two thousand one hundred and eighty dollars ($62,180) to the amount of seventy-one thousand ninety dollars ($71,090), NOW, THEREFORE, City and Consultant agree as follows, AGREEMENT Section 1. The scope of work performed by Consultant pursuant to Exhibit "A" of the Agreement, titled "Scope of Services," is hereby amended to include the work that is identified in Exhibit "1 " Section 2. The project schedule contained within Exhibit "B" of the Agreement is hereby deleted in its entirety, and substituted with a new project schedule in the form attached hereto as Exhibit "2 " Section 3 Section 4 1 of the Agreement, titled "Performance of Services," is hereby amended to read as follows "4 1 Consultant shall perform and complete the Performance of Services in accordance with the project schedule The Services shall commence on the Effective Date of this Agreement and be completed on or before February 28, 2022 " 1 L.\ca\djm\Agreements\LSA Fourth Amendment.FY21-0037.docx.jn Section 4 Section 5 1 of the Agreement, titled "Payment to Consultant 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 seventy-one thousand ninety dollars ($71,090) City shall pay Consultant on a time and materials basis up to the not to exceed amount, in accordance with Exhibit "B" titled "Project Costs and Hourly Rates," which is attached hereto and incorporated by reference " Section 5 All other provisions of the Agreement shall remain unchanged by this Fourth Amendment and in effect IN WITNESS WHEREOF, the parties involved have executed this Fourth Amendment, to be effective as of August 2, 2021 CITY OF REDLANDS LSA ASSOCIATES INC '6L' I2 4 , L 4/7i611l41.f" & f ut tr" arles M Duggan, Jr , City Manager ATTEST e Donaldson, City Clerk 2 L \ca\djm\Agreements\LSA Fourth Amendment.FY21 0037 docx.jn Mike Trotta, Chief Executive Officer EXHIBIT "1" ADDITIONAL SCOPE OF SERVICES Recirculation of the Initial Study/Mitigated Negative Declaration Large scale revision of the IS/MND is not anticipated Revisions to the document to reflect the recirculation will include a discussion of the process to date, incorporation of up-to-date project revisions (text and graphics) as necessary, and corrections to ensure consistency through the document Revisions to the analysis and/or environmental conclusions area not anticipated LSA will post the recirculated IS/MND and related notices to the State Clearinghouse for a 30-daty public review period This scope and cost estimate assumes the City will provide a current public agency distribution list, will post the NOI in local newspaper(s), and notice adjacent/nearby property owners (as necessary) As requested, LSA will post the NOI with the San Bernardino County Clerk LSA will distribute via overnight mail and to agencies/organizations on the City -provided distribution list via certified mail (return receipt) LSA will provide the City evidence of all mailings and posting related to the distribution of the IS/MND The NOI will provide a web link to provide access to electronic copies of the IS/MND and supporting studies This will assist in the conservation of resources through the elimination of unnecessary printing and distribution If hard copies of the IS/MND are required during public review, distribution will be limited to 25 copies to the IS/MND (with appendices on flash drive) Response to Comments and Final Initial Study/Mitigated Negative Declaration During its initial submittal, the City received thirty-eight (38) separate comment letters on the Project As necessary, LSA will respond to the comments received on the IS/MND within 14 days of receipt of a complete set of comments received during the public review period Once draft responses to comments are completed, they will be submitted to the City for review and comment Due to the continued public interest in the Project, LSA anticipates up to 24 staff hours to respond to new public review comments on the recirculated IS/MND As required, the recirculated IS/MND will be revised to incorporate and address relevant comments/data received during the public review period Revisions to the IS/MND will be identified to facilitate subsequent review All comments received on the recirculated IS/MND, as well as the responses to comments, will be included as an appendix to final CEQA document As required by State law, it will be necessary to distribute the responses to comments directly to each commenting agency ten days prior to the public hearing decision on the MND Delivery of the Response to Comments will be provided to commenting agencies via certified mail (return receipt ) Attendance at Future City Council Hearing(s) and Additional Meetings This budget amendment anticipates attendance of LSA environmental and cultural resource staff at one additional City Council Hearing (up to four hours attendance for each staff member) Furthermore, an additional four hours each has been included in this estimate for discussion/consultation with the City and/or Project team 3 L \ca\djm\Agreements\LSA Fourth Amendment.FY21-0037.docx.jn EXHIBIT "2" PROJECT COSTS AND HOURLY RATES Schedule The following schedule details the duration of work associated with the recirculation of the Initial Study for the Project TASKS COMPLETED Recirculated IS/MND Initial Study (first submittal) revised September 14 16, 2021 City Review September 16, 2021 Public Review: Recirculated IS/MND and Response to Comments IS/MND Materials, prepare for distribution September 17, 2021 Start Public Review Period September 20, 2021 End Public Review Period October 19, 2021 Response to Comments (3 days) October 22 2021 City Staff Review (1 week) October 29, 2021 IS/MND (revised as appropriate) November 2 2021 City Staff Review (1 week) November 9, 2021 LSA Revises IS/MND (2 days) November 12 2021 Meetings City Council (1) TBD File NOD City Council (+1 day) Project Costs Task Labor ($) Reimbursables ($) Total Cost ($) Technical Studies Recirculation of IS/MND 1,875 190 2,065 Response to Comments and Final IS/MND 4,120 4 120 City Council Hearing/Meetings 2 700 25 2,725 TOTAL COST 8,695 215 8,910 For reference, the hourly rate for LSA staff addressing this effort includes Carl Winter, Associate/Senior Environmental Planner, $195/hour Casey Tibbet, Architectural Historian, $155/hour Chris Graham, Senior Environmental Planner, $150/hour Steve Dong, Technical Editor, $120/hour Maria Perez, Office Assistant, $85/hour 4 L \ca\djm\Agreements\LSA Fourth Amendment.FY21 0037 docx.jn