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HomeMy WebLinkAboutContracts & Agreements_172D-2024SECOND AMENDMENT TO AGREEMENT TO PERFORM PROFESSIONAL SERVICES This second amendment ("Second Amendment") to the agreement for the provision of professional environmental consulting services ("Agreement"), dated August 7, 2023, by and between the City of Redlands, a municipal corporation and a general law city ("City"), and UltraSystems Environmental, Inc., a California corporation ("Consultant"), is made and entered into this 26[h day of September 2024. City and Consultant are sometimes individually referred to herein as "Party," and collectively as the "Parties." RECITALS WHEREAS, the Parties entered into a Professional Services Agreement ("Agreement") on August 7, 2023, to provide professional environmental consulting services to the City; WHEREAS, the Parties entered into a First Amendment to the Agreement ("First Amendment") on July 1, 2024; and WHEREAS, it is the desire of the City and Consultant to amend their existing Agreement, to add an additional scope of work to complete an Air Quality Assessment, Greenhouse Gas Analysis, Energy Assessment, Health Risk Assessment and Traffic Impact Assessment and increase the total compensation amount of the Agreement. NOW, THEREFORE, for good and valuable consideration in the receipt of which is hereby acknowledged City and Consultant agree as follows: AGREEMENT Section 1. Section 2.1 of Article 2 of the Agreement, entitled "Services of Consultant," is hereby amended to read as follows: "2.1 The Services that Consultant shall perform are more particularly described in Exhibit "A," titled "Scope of Services, Project Costs and Hourly Rates," including a project schedule, which is attached hereto and incorporated herein by reference. Consultant shall also perform an additional scope of work as set forth in Exhibit "A-1", titled "Change Order No. 1". Section 2. Section 5.1 of Article 5 of the Agreement, entitled "Payments to Consultant," is hereby amended to read as follows: "5.1 The total compensation for Consultant's performance of the Services set forth in Exhibit "A," titled "Scope of Services, Project Costs and Hourly Rates" shall not exceed the amount one hundred ninety-five thousand eight hundred and eighty dollars ($195,880.00). The total compensation for Consultant's performance of the Services set forth in Exhibit "A-1," titled "Change Order No. I" shall not exceed the amount ninety-one thousand sixty-one dollars ($91,060.00). The total not to exceed amount shall be $286,940.00 _City shall pay Consultant on I:\cmo\AgreententASccond Amendment UltraSystems Environmental, Inc. (Kaiser) FY24-0071doex-ms a time and materials basis, up to the not to exceed amount, in accordance with Exhibit "A," titled "Scope of Services, Project Costs and Hourly Rates," and Exhibit "A- I" titled "Change Order No. I" which are attached hereto and incorporated herein by this reference." Section 3. This Second Amendment adds a new Exhibit "A-1" titled, "Change Order #1" to the Agreement which is attached hereto and incorporated by reference herein as Attachment 1. Section 4. All other provisions of the Agreement and First Amendment shall remain unchanged by this Second Amendment and in effect. Section 5. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Second Amendment, to be effective as of September 26, 2024. CITY OF REDLANDS By: Charles M. Duggan Jr., ity Manager ATTEST: J ne Donaldson, City Clerk ULTRASYSTEMS ENVIRONMENTAL, INC. ti � 1 By: A A Betsy Li dsay, President/CEO 2 TAcmo\AgreemenLs\Second Amendment UltraSystems Environmental, Inc. (Kaiser) FY24-0073.doex-ins ATTACHMENT 1 EXHIBIT A-1 CHANGE ORDER #1 [See Attached] I:\cmo\Agreements\Second Amendment UllraSystems Environmental, Inc. (Kaiser) FY24-0073.doex-ms LT,Z�UltraSystems September 16, 2024 Project No: 7214 Kevin Beery, Senior Planner City of Redlands - Planning Division 35 Cajon Street, Ste. 20 Redlands, CA 92373 E: kbeery9cityofred1ands.org Subject: Change Order #1 (rev.) - Requested Services AQ/GHG/Energy/Health Risk Assessment/Traffic Impact Analysis Dear Kevin: VIA EMAIL UltraSystems Environmental Inc. (UltraSystems) is pleased to provide our proposal and cost estimate for additional services relating to technical work, including technical studies that were not in our original scope of work, that are needed to prepare the EIR for the planned Kaiser Medical Center Project in Redlands, California. Scope of work is noted below, along with our project schedule. SCOPE OF WORK Task 1: Air Quality Assessment. UltraSystems will prepare an Air Quality Assessment for the proposed project. Existing conditions will be documented by summarizing baseline air quality information, including area topography and meteorology and their influence on air quality; the relevant state and federal ambient air quality standards (AAQS); ambient monitoring data from the closest monitoring station(s) to the project site for the past three years; and attainment status with respect to state and federal AAQS. Ambient monitoring data available from the South Coast Air Quality Management District (SCAQMD), California Air Resources Board CARB), and U.S. Environmental Protection Agency (USEPA) websites will be incorporated. The setting will also identify existing and foreseeable sensitive receptors near the project site. It will also identify existing major sources of air pollutants in the project vicinity, including sources of toxic air contaminants and odorous emissions. The regulatory setting will also discuss plans to achieve the state and federal AAQS, and rules and regulations that may apply to stationary sources associated with operation of the proposed project. UltraSystems will coordinate with the project team to develop construction equipment and phasing assumptions. Maximum daily construction emissions of volatile organic compounds CVOC), oxides of nitrogen (NOx), carbon monoxide (CO), particulate matter (PMlo, PMz.$) and sulfur oxides (SOx) will be estimated with the California Emissions Estimator Models (CalEEMod). Operational emissions, including those from project -generated traffic, will be estimated with the same software. Where significant impacts are identified, mitigation measures will be identified and discussed. Mitigation measures in the form of land use and energy policies and best management practices will be recommended to reduce or avoid potential project specific or cumulative impacts on air quality. Where possible, the effectiveness of the mitigation measures will be quantified, and the significance of the project impacts with mitigation will be reevaluated and compared to the significance thresholds. Corporate Office -Orange County Telephone: 949.788.4900 16431 Scientific Way Facsimile: 949.788.4901 Irvine, CA 92618-4355 Website: www.ultrasystems.com Kevin Beery, Senior Planner City of Redlands - Planning Division September 16, 2024 Page 2 0211 UltraS3istemZ1 ��1,)1 Task 2: Greenhouse Gase (GHG) Analysis. The GHG analysis will obtain information necessary to evaluate the two significance criteria prescribed in Appendix G of the CEQA Guidelines. One criterion requires estimation oftbe GHG emissions by the project, and the other evaluates the project's consistency with GHG reduction policies and programs. The emissions estimation portion of the analysis will include the following: • Using CaIEEMod, calculate annual emissions of the principal GHGs (carbon dioxide, methane, and nitrous oxide) and carbon dioxide equivalent (CO2e) during construction. • Following SCAQMD guidance, "amortize" construction emissions over 30 years of project operations, • Review the traffic impact analysis [Level of Service (LOS), Trip Generation & Vehicle Miles Traveled (VMT) Study] prepared by Fehr & Peers for the project to determine whether there would be an increase in vehicle miles traveled (VMT) and/or a change in traffic volumes and speeds due to the project. • Use the ARB's EMFAC2021 software to estimate annual traffic related GHG emissions without and with the project. These emissions will be combined with the annual amortized construction emissions to determine annual GHG emissions. • Propose, with input from the City, quantitative or semi -quantitative thresholds of significance for GHG emissions for use in this analysis. • Recommend mitigation measures, as needed, for GHG emissions from the project. The second portion of analysis will include a review of applicable GHG emissions reduction policies and plans to determine whether the project would conflict with those plans. U1traSystems will determine whether the project would be designed to comply with the provisions of the California Green Building Code, Title 24, Part 11 of the California Code of Regulations or would otherwise incorporate measures to minimize energy use. These project features would assist City staff in meeting their GHG emission reduction targets. All modeling data and/or data work sheets will be included within the Initial Study Technical Appendices. Task 3: Energy Assessment. The types of energy use that must be addressed include fuel consumption by mobile sources and fuel consumption by construction equipment; Title 24 building energy use (such as that used by HVAC and lighting); and non -Title 24 building energy use (such as appliances and electronic devices). Fuel consumption data may be determined either directly or by back -calculation from the emissions software discussed above. The energy assessment will be incorporated into the Energy Section of the Initial Study; no stand-alone report will be produced. Task 4: Health Risk Assessment. U1traSystems will also prepare a screening level health risk assessment (HRA) to evaluate potential impacts related to diesel particulate matter, which is a known carcinogen. The HRA will be prepared in accordance with the South Coast Air Quality Management District and Office of Environmental Health Hazard Assessment guidelines. Task 5: Traffic Impact Assessment (TIA). Fehr & Peers (subconsuitant to U1traSystems) will perform the TIA. Fehr & Peers has completed a scoping memo thatwas shared with City staff for review. The latest comments from City staff were received on September 4, 2024; the remaining two comments require Kevin Beery, Senior Planner City of Redlands - Planning Division UltraSystems September 16, 2024 environmental* nianagement,p[anning Page 3 minor editorial updates to the memorandum. Fehr & Peers will update the memo to provide a final version to the City and UltraSystems. The scoping memo outlined the following intersections will be including in the LOS study: • California Street / San Bernardino Avenue • California Street / Almond Avenue • California Street / Lugonia Avenue • California Street / Orange Tree Lane • California Street / 1-10 Westbound Ramps • California Street / I-10 Eastbound Ramps • California Street / Redlands Boulevard • Mountain View Avenue and Almond Avenue • Mountain View Avenue and 1-10 Westbound Ramps • Mountain View Avenue and 1-10 Eastbound Ramps The scoping memo has also confirmed that the following scenarios will be studied as part of the LOS study: Existing Conditions Existing Plus Project Data Collection (already completed). Fehr & Peers collected peak hour (7:00 -- 9:00 AM and 4:00 - 6:00 PM) multimodal traffic counts at the identified study intersections on a Tuesday in May 2022 and February 2024. Counts for 2022 were compared to 2024 volumes to determine if any changes in traffic volume have occurred in the study area and if any adjustments to 2022 counts should be made. VMT Assessment Kaiser has provided the following information to support the VMT analysis, to include: Locations of other facilities currently used by Kaiser patients; Locations of residents served by this facility; and Locations of employees and staff employed by this facility. Fehr & Peers will use this data to evaluate if this facility will shorten trips that would have otherwise traveled to other Kaiser locations. We will identify if VMT is increased or decreased with implementation of this facility. We will work with Kaiser and the City to appropriately document these results and verify the City's approval of this approach. We will also produce VMT for use in the greenhouse gas assessment. That VMT assessment will include estimation of total trips generated by the project and estimation of average trip length to/from the site. We will estimate average trip length by looking at population densities that this project will pull from and/or use of the travel demand model to assist in estimating average trip lengths. Although the City has only requested Existing and Existing Plus Project scenarios as part of the LOS study, we will work with UltraSystems to identify what traffic forecasts are required for air quality/noise analysis as part of the project's environmental documentation. We will document the VMT information into a draft memorandum for review. We have budgeted up to four staff hours to respond to comments received on the VMT screening and VMT estimation and resubmit as final. Kevin Beery, Senior Planner City of Redlands - Planning Division September 16, 2024 Page 4 LOS Traffic Study All intersection analyses will be completed using the Synchro LOS software consistent with Highway Capacity Manual methodologies. We have assumed that the City and/or Caltrans will provide signal timing information for use in the Synchro assessment. Other key considerations related to this assessment are further described below Intersection Analysis. Fehr & Peers will utilize the City of Redland's LOS standard to identify intersection deficiencies and we will recommend potential improvements. The Existing LOS has previously been completed; this study will finalize that analysis and complete the existing plus project analysis. Note that Kaiser is exempt from mitigation per Measure U. Improvements will be recommended at any study intersections found to be deficient, and Kaiser will be responsible for site -adjacent improvements. We will also evaluate site access by evaluating site driveways and verifying that the proposed traffic control is sufficient to serve the project site. Non -Automotive Assessment. As part of this assessment, Fehr & Peers will evaluate the project effect on non -automotive modes. This will be completed by evaluating the project's consistency with existing and future infrastructure/policies supporting these modes. Parking. As part of this task, we will assess parking adequacy for the site by evaluating the project's consistency with City parking requirements and/or parking information for these facilities collected at other Kaiser facilities (to be provided by Kaiser). Meetings and Documentation, Fehr & Peers will summarize the results of the study into a technical report. Fehr & Peers will submit this report to the client and respond to one round of consolidated comments. Fehr & Peers will submit the updated draft to the City for review. We will respond to one round of consolidated comments and submit a final version to the City. The following documents will be prepared: • Administrative Draft Transportation Impact Analysis (for internal team review) • Draft Transportation Impact Analysis (for City review) • Final Transportation Impact Analysis This proposal includes attendance at three virtual meetings (i.e., planning commission or city council meetings) with the Project team and/or City staff. In -person meeting attendance is not included in the fee estimate. Task 6: Project Management and Coordination. This Task consists of routine project management and communications functions of our Project Manager throughout the contract performance period. PROJECT SCHEDULE All technical studies will be completed within eight weeks following authorization and receipt of requested material from the Project Applicant related to construction, phasing, and equipment. Kevin Beery, Senior Planner City of Redlands - Planning Division September 16, 2024 Page 5 ULTRASYSTEMS' PROJECT MANAGER FOR THIS CONTRACT �J�)1 Robert Reicher, MBA, ENV SP I Senior Project Manager. Mr. Reicher has been active in the real estate and real estate -related industries for over 40 years, holding positions with major developers and independent consulting firms. He has served as an advisor and consultant to many prominent builders, developers, major corporations, lenders, and government agencies throughout the nation and has provided expert witness and litigation support services for both public and private sector entities. As a Senior Project Manager at UltraSystems, he has managed teams of environmental consultants, planners and technical analysts for projects in all major land uses, including medical, retail, commercial office, mixed use, educational, institutional, recreational, logistics and residential. Education •: MBA, Marketing, University of Southern California, Los Angeles, CA B.S., Marketing, University of California Los Angeles (UCLA), Los Angeles, CA Credentials •4• Envision Sustainability Professional (ENV SP) ❖ California Real Estate Broker PROJECT COSTS These services will be billed as percent complete, based on a fixed fee basis. Tasks Description Cost Technical Studies 1 Air Quality $10,110 2 Greenhouse Gas Emissions $7,510 3 Energy $5,460 4 Health Risk Assessment $8,910 5 Traffic Study/LOS = VMT $55,550 Subtotal $87,540 Project Management 6 Project Management and Coordination $3,520 Subtotal $3,520 TOTAL (not -to -exceed) $911%0 Should you need anything else related to this Change Order, please contact me or Robert Reicher. Sincerely, t f } BetsyA. Lindsay Founder/CEO Kevin Beery, Senior Planner City of Redlands - Planning Division September 16, 2024 Page 6 AUTHORIZATION I agree with the scope of work, schedule and costs prepared by U1traSystems Environmental. UltraSystems Environmental, Inc. City of Redlands Company Lead Agency Betsy Lindsay Kevin Beery Print Name Print Name Title: President/CEO Title: Senior Planner �� f� AW i' Signature Signature Date: September 16, 2024 Date: