HomeMy WebLinkAboutItem No. 06 Amendment No. 2 PSA Sagecrest PlanningText File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 19-563
Agenda Date: 4/28/2020 Status: Approval FinalVersion: 1
File Type: Council Consent
Calendar
In Control: City Council / Successor Agency
Agenda Number: 6)
Page 1 City of Lake Elsinore Printed on 4/23/2020
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REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Grant Yates, City Manager
Prepared By: Damaris Abraham, Senior Planner
Date: April 28, 2020
Subject: Amendment No. 2 to the Professional Services Agreement with Sagecrest
Planning & Environmental
Recommendation
Approve and Authorize the City Manager to execute Amendment No. 2 to the Agreement for
Professional Services with Sagecrest Planning & Environmental to prepare California
Environmental Quality Act (CEQA) compliance documents in the amount not to exceed $11,970,
in final form as approved by City Attorney.
Background
The City entered into the original Professional Services Agreement on March 27, 2018 for $29,950
for preparation of CEQA documentation for Kassab Travel Center project under the City
Manager’s signature authority to evaluate the environmental impacts of the project. The cost of
preparing the environmental analysis is paid for by the project applicant (Ron Kassab) through
the application fee process.
On June 25, 2019, City Council approved Amendment No. 1 to the Professional Services
Agreement for $17,370 due to the scope of comments received during the public review period
for the Initial Study/Mitigated Negative Declaration (IS/MND), the revisions needed to address
those comments, and the need to recirculate IS/MND for public review.
Discussion
The applicant has submitted an entitlement application for a new travel center that includes an
8,360 sq. ft. convenience store with three quick-serve restaurants, two covered gas-dispensing
areas, a 2,543 sq. ft. fast food restaurant with a drive-through and other related improvements on
an approximately 2.39 net acre site. The proposed Project is located near the southwest corner
of Riverside Drive and Collier Avenue (APNs: 378-030-007 and 378-030-009).
Sagecrest prepared an Initial Study/Mitigated Negative Declaration (IS/MND) that was circulated
for public review and comment between February 8, 2019 to March 11, 2019. In response to
comments, Sagecrest prepared a revised IS/MND that the City recirculated from September 13,
2019 to October 14, 2019. Additional public comments were received prior to the Planning
Commission hearing on November 5, 2019, which resulted in continuing the item off-calendar to
respond to comments. Sagecrest has been working with the City and the Applicant to respond to
Amendment No. 2 Sagecrest
04/28/2020
Page 2 of 2
these comments and have fully expended the additional funds that was authorized by Contract
Amendment No. 1. In order to respond to all comments and prepare the Final IS/MND, Contract
Amendment No. 2 is being requested in the amount of $11,970.
Fiscal Impact
The cost of preparing the environmental review will be paid by fees collected from the developer
through the City’s cost recovery program. All staff administrative time and consultant costs are
paid from the applicant’s fees. No General Fund budgets will be allocated or used for the
completion of the CEQA documents for the Kassab Travel Center project.
Exhibits
A – Agreement
A-1 – Consultant’s Proposal
AMENDMENT NO. 2
TO AGREEMENT FOR PROFESSIONAL SERVICES
SAGECREST PLANNING & ENVIRONMENTAL
KASSAB TRAVEL CENTER
This Amendment No. 2 to Agreement for Professional Services (“Amendment No. 2”) is
made and entered into as of April 28, 2020, by and between the City of Lake Elsinore, a
municipal corporation (“City), and Sagecrest Planning & Environmental, LLC, a California
Limited Liability Company (“Consultant”).
RECITALS
A. The City and Consultant have entered into that certain Agreement for
Professional Services dated as of March 27, 2018, (the “Original Agreement”). Except as
otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for
such terms in the Original Agreement.
B. The Original Agreement provided for compensation to Consultant in an amount
of Twenty Nine Thousand Nine Hundred and Fifty dollars ($29,950).
C. Amendment No. 1 was approved on June 25, 2019, to increase the Consultant’s
compensation to an amount not to exceed Forty Seven Thousand Three Hundred and Twenty
dollars ($47,320).
D. The parties now desire to modify the scope of services and increase the payment
for such services as set forth in this Amendment No. 2.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth
herein, City and Consultant agree as follows:
1. Section 1, Scope of Services, of the Original Agreement is hereby amended to
add the following:
Consultant shall also perform the services described in Consultant’s
April 3, 2020 Proposal (attached to this Amendment No. 2 as Exhibit
A-1). Consultant shall provide such services at the time, place, and in the
manner specified in Exhibit A-1, subject to the direction of the City
through its staff that it may provide from time to time.
2. Section 3, Compensation, of the Original Agreement is hereby amended to add
the following:
Notwithstanding the foregoing, for purposes of Amendment No. 2 and
the term thereof, compensation to be paid to Consultant shall be in
accordance with the Schedule of Charges set forth in Consultant’s
Proposal (referenced collectively as Exhibit A-1 Amendment No. 2). In
no event shall Consultant’s compensation related to Exhibit A-1 to
Amendment No. 2 exceed Eleven Thousand Nine Hundred and
Seventy dollars ($11,970) without additional written authorization from
the City.
Notwithstanding any provision of Consultant’s Proposal to the contrary,
out of pocket expenses set forth in Exhibit A-1 respectively, shall be
reimbursed at cost without an inflator or administrative charge. Payment
by City under this Agreement shall not be deemed a waiver of defects,
even if such defects were known to the City at the time of payment.
3. Except for the changes specifically set forth herein, all other terms and
conditions of the Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment No. 2 to be
executed on the respective dates set forth below.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
Grant Yates, City Manager
ATTEST:
Deputy City Clerk
APPROVED AS TO FORM:
City Attorney
Risk Manager
“CONSULTANT”
Sagecrest Planning & Environmental, LLC, a
California Limited Liability Company
By: Amy Vazquez
Its: President
Attachments: Exhibit A-1 – Consultant’s Proposal
EXHIBIT A-1
CONSULTANT’S PROPOSAL
[ATTACHED]
Request for Contract Amendment No. 2
Kassab Travel Center
City of Lake Elsinore
April 3, 2020
Prepared for
City of Lake Elsinore
Attention: Damaris Abraham
130 Main Street
Lake Elsinore, CA 92530
Prepared by
SAGECREST
planning+environmental
2400 East Katella Avenue, Suite 800
Anaheim, CA 92806
(714) 783-1863 x 706
www.sagecrestplanning.com
2400 E. Katella Ave. • Suite 800 • Anaheim, CA 92806
April 3, 2020
City of Lake Elsinore
Damaris Abraham, Senior Planner
130 Main Street
Lake Elsinore, CA 92530
Subject: Request for Contract Amendment No. 2 for Response to Comments for the Kassab
Travel Center Mitigated Negative Declaration
Dear Ms. Abraham:
Sagecrest Planning+Environmental is requesting Amendment No. 2 for the Response to
Comments for the Recirculated Mitigated Negative Declaration prepared for the Kassab Travel
Center Project.
The primary contact for the Kassab Travel Center Project is:
Christine Saunders, Director, Environmental Services
2400 E Katella Avenue, Suite 800
Anaheim, CA 92806
714-783-1863 x 706
csaunders@sagecrestplanning.com
I am authorized to bind Sagecrest in a contract under the terms and conditions prescribed in this
request for a contract amendment. If you require additional information or would like to further
discuss our request, please contact Christine Saunders directly at the phone number or email
listed above.
Respectfully,
Amy Vazquez, President
Sagecrest Planning+Environmental
A. PROJECT UNDERSTANDING
Sagecrest prepared an Initial Study/Mitigated Negative Declaration (IS/MND) that was circulated
for public review and comment between February 8, 2019 to March 11, 2019. In response to
comments, Sagecrest prepared a revised IS/MND that the City recirculated from September 13,
2019 to October 14, 2019. Additional public comments were received prior to the Planning
Commission hearing on November 5, 2019, which resulted in continuing the item off-calendar to
respond to comments. Sagecrest has been working with the City and the Applicant to respond to
these comments and have fully expended the additional funds of $15,970 that was authorized
by Contract Amendment No. 1. In order to respond to all comments and prepare the Final
IS/MND, Contract Amendment No. 2 is being requested in the amount of $11,970.
B. SCOPE OF WORK
Sagecrest’s work plan for completing Response to Comments to the IS/MND follows, detailing
our approach to developing, managing, and implementing all actions for the preparation of the
CEQA documents.
TASK 1: Response to Comments
Technical Study Responses and Revisions
The Sagecrest Project Manager will organize, coordinate, and review all public comments and
their responses from the respective technical consultants. Sagecrest will coordinate with the City,
the Applicant, and technical consultants to respond to each comment and to revise the relevant
sections of the technical studies.
TASK 2: Final IS/MND
Sagecrest will prepare a Final IS/MND that will include all the Responses to Comments, as well as
appropriate edits to the Recirculated Draft IS/MND in strikethrough/underline to clarify any
portion of the IS/MND as required by the Response to Comments.
TASK 3: Public Review and Comment
Task 3.1: Attendance at Public Hearings(s): Sagecrest will attend the Planning Commission
meeting and City Council public hearings and be available to answer questions.
Task 3.2: Notice of Determination: Sagecrest will prepare a Notice of Determination according
to Section 15075(b) and file it with the County Clerk Recorder and the Office of Planning and
Research. The Applicant will be responsible for the California Fish and Wildlife fee to be paid
directly to the County Clerk Recorder at the time of filing the NOD.
TASK 4: Project Management
Sagecrest will attend up to two in-person or conference call meetings with the City. Any
additional meetings, or attendance by technical subconsultants, will be billed on an hourly basis.
Sagecrest is always available by phone and email for ongoing communication and project
management.
C. PROJECT COST
Contract change order costs will be billed on a time and materials basis at the rates noted below.
Contract change orders for work to be completed by subconsultants will be prepared by the
appropriate subconsultant.
Sagecrest Fee Schedule
1. Principal $140.00
2. Senior Environmental Planner $105.00
3. Associate Environmental Planner $90.00
4. Assistant Environmental Planner $70.00
5. Administrative Support $45.00
The remaining unspent funds of $920 in Contract Amendment No. 1 are reallocated to Task 3.2
– Response to Comments as follows:
TASK
CONTRACT
AMENDMENT
NO. 1 FEE
BILLED
TO DATE REMAINING REALLOCATED
FEE
REVISED
FEE
Task 3.2: Response
to Comments $1,400 $1,350 $50 $870 $2,270
Task 3.3:
Attendance at
Public Hearings
$1,120 $500 $620 ($620) $0
Task 3.4: Notice of
Determination $250 $0 $250 ($250) $0
Total $2,770 $1,850 $920 N/A $2,270
Contract Amendment No. 2 Tasks and Fees are as follow, in the total amount of $11,970.
TASK
CONTRACT
AMENDMENT
NO. 1 FEE
CONTRACT
AMENDMENT
NO. 2 FEE
(Additional)
TOTAL
FEE
BILLED
TO DATE REMAINING
Task 1.1: Response to
Comments
$1,400
REVISED TO
$2,270
$5,600 $7,870 $2,270 $5,600
Task 2: Final IS/MND N/A $4,000 $4,000 N/A $4,000
Task 3.1 Attendance at
Public Hearings
$1,120
($620)
REALLOCATED
= $500
$1,120 $1,620 $500 $1,120
Task 3.2 Notice of
Determination
$250
($250)
REALLOCATED
= $0
$250 $250 N/A $250
Task 4 Project
Management $1,000 $1,000 $2,000 $1,000 $1,000
Total Not to Exceed
Cost $3,770 $11,970 $15,740 $3,770 $11,970
REIMBURSABLE EXPENSES ESTIMATED COST
Task 3.4 NOD County Clerk Recorder $50
APPLICANT’S DIRECT EXPENSES COST
Department of Fish and Wildlife Filing Fee $2,354.75
Approved by:
Sagecrest Planning+Environmental City of Lake Elsinore
Signed: Amy Vazquez Signed:
Date: April 3, 2020 Date: