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HomeMy WebLinkAbout2021 CON San Diego Unified Port District - Fourth AmendmentDocuSign Envelope ID: 3OBBBF67-E27C-4EE6-A69F-AC354B0CDD95 lzJ San Diego Unitied Mort District Document No.72069 Filed 12/14/2020 Office of the District Clerk FOURTH AMENDMENT TO AGREEMENT The parties to this Fourth Amendment to Agreement are the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation ("District"), CITY OF NATIONAL CITY, a municipal corporation of the state of California (City), ICF JONES & STOKES, INC., a Delaware corporation ("Consultant"), PASHA AUTOMOTIVE SERVICES, a California corporation ("Pasha"), and GB CAPITAL HOLDINGS, a Limited Liability Corporation ("GB Capital"). Pasha and GB Capital are collectively referred herein as "Applicant" or "Applicants." The District and City are collectively referred herein as "Agencies." The Agencies, Consultant and Applicants are sometimes individually referred to as a "Party" and are sometimes collectively referred to as "Parties." Recitals: The Parties entered into an agreement, on file in the office of the District Clerk as Document No. 66173, filed February 23, 2017 ("Agreement"), for professional services whereby Consultant is to prepare an EIR for the Proposed Project, as defined and described in Exhibit A to the Agreement. An amendment to the Agreement is on file in the office of the District Clerk as Document No. 67390, filed October 13, 2017; a second amendment to the Agreement is on file in the office of the District Clerk as Document No. 69808, filed April 10, 2019; and a third amendment is on file in the office of the District Clerk as Document No. 71568, filed June 22, 2020. It is now proposed to enter into a Fourth Amendment to the Agreement to extend the termination date of the Agreement to December 31, 2021. The Parties Agree: The Agreement is amended as follows: 1. The term of the Agreement is hereby extended and shall terminate on December 31, 2021. 2. All other terms, covenants, and conditions in the original Agreement, as amended, shall remain in full force and effect and shall be applicable to this Fourth Amendment. Dec 10, 2020 DATED: , 2020 Approved as to form and legality: SAN DIEGO UNIFIED PORT DISTRICT GENERAL COUNSEL Ow& S. (�arvi.tA bin, �aSbin. �t t,la, By JASON H. GIFFEN Vice President, Planning, Environment & Government Relations By: Senior Deputy General Counsel Page 1 of 2 DocuSign Envelope ID: 3OBBBF67-E27C-4EE6-A69F-AC354B0CDD95 Approved as to form and legality: CITY OF NATIONAL CITY, CITY ATTORNEY a Municipal Corporation of the State of California (,LIA s t. bat jr. bract leaul sto A, By By: CHARLES E. BELL, JR. BRAD RAULSTON City Attorney City Manager ICF JONES & STOKES, INC., a Delaware Corporation Th 2t (,. Fistux By PASHA AUTOMOTIVE SERVICES, a California Corporation Qo ci $luxiluvvu, Nt viA.it4 By GB CAPITAL HOLDINGS, a Limited Liability Corporation of the State of California By Page 2of2 2 72069 DocuSign Envelope ID: B35D52E1-D4C4-43C1-9DAB-A44E1BD90D96 (8) THIRD AMENDMENT TO AGREEMENT San Diego Unified Port District Document No. 71568 Filed 06/22/20 Office of the District Clerk The parties to this Third Amendment to Agreement are the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation ("District"), CITY OF NATIONAL CITY, a municipal corporation of the state of California (City), ICF JONES & STOKES, INC., a Delaware corporation ("Consultant"), PASHA AUTOMOTIVE SERVICES, a California corporation ("Pasha"), and GB CAPITAL HOLDINGS, a Limited Liability Corporation ("GB Capital"). Pasha and GB Capital are collectively referred herein as "Applicant" or "Applicants." The District and City are collectively referred herein as "Agencies." " The Agencies, Consultant and Applicants are sometimes individually referred to as a "Party" and are sometimes collectively referred to as "Parties." Recitals: The Parties entered into an agreement, on file in the office of the District Clerk as Document No. 66173, filed February 23, 2017 ("Agreement"), for professional services whereby Consultant is to prepare an EIR for the Proposed Project, as defined and described in Exhibit A to the Agreement. An amendment to the Agreement is on file in the office of the District Clerk as Document No. 67390, filed October 13, 2017; and a second amendment to the Agreement is on file in the office of the District Clerk as Document No. 69808, filed April 10, 2019. It is now proposed to enter into a Third Amendment to the Agreement to add $70,232 in additional funds needed to complete the tasks described in the attached Exhibit A-2, Additional Scope. of Work, attached hereto and incorporated herein; to revise the shared cost and expense breakdown identified in the Agreement; and to extend the termination date of the Agreement to December 31, 2020. The Parties Agree: The Agreement is amended as follows: 1. The total maximum expenditure under this Agreement is hereby increased by Seventy Thousand Two Hundred Thirty-two Dollars ($70,232.00) from Six Hundred Seventy -Five Thousand Dollars ($675,000.00) to Seven Hundred Forty -Five Thousand Two Hundred Thirty -Two Dollars ($745,232.00). 2. The Scope of Work is hereby amended to include additional services, as described and attached hereto as Exhibit A-2 and incorporated herein and accordingly, Consultant shall performtheScope of Work, as described in Exhibit B of the Agreement, as amended by Exhibit A-1, Amended Scope of Work, and as amended by Exhibit A-2, Additional Services for Scope of Work. 3. Sections 2 (Reservation of Discretion — Proposed Project), 3 (Scope of Work) and 5.4 (Compensation of Consultant) of the Agreement are revised to reflect the following revised shared cost and expense breakdown percentages: Agencies each responsible for thirty-three (33) percent and Applicants each responsible for seventeen (17) percent for any and all Consultant services rendered pursuant to the Agreement, as amended by this Third Amendment to Agreement. And therefore, per this Third Amendment to Agreement, the District shall pay for the Agencies' costs sixty-six (66) percent of the total Consultant cost), and the Applicants shall each pay seventeen (17) percent of the total Consultant cost. Page 1 of 2 DocuSign Envelope ID: B35D52E1-D4C4-43C1-9DAB-A44E1BD90D96 4. The term of the Agreement is hereby extended and shall terminate on December 31, 2020. 5. All other terms, covenants, and conditions in the original Agreement, as amended, shall remain in full force and effect and shall be applicable to this. Third Amendment. Jun 19, 2020 DATED: , 2020 Approved as to form and legality: SAN DIEGO UNIFIED PORT DISTRICT GENERAL COUNSEL fetbuca itawi4am, By: Senior Deputy General Counsel Approved as to form and legality: CITY ATTORNEY a Municipal Corporation of the State of California ja.S61t (k. airru , By JASON H. GIFFEN Assistant Vice President Planning and Green Port I =JCS ity Attdrney CITY OF NATIONAL CITY, By BRiD-RAtUL, City Manager ICF JONES & STOKES, INC., a Delaware Corporation By PASHA AUTOMOTIVE SERVICES, a California Corporation By GB CAPITAL HOLDINGS, a Limited Liability Corporation of the State of California By Page 2 of 2 DocuSign Envelope ID: B35D52E1-D4C4-43C1-9DAB-A44E1BD90D96 4. The term of the Agreement is hereby extended and shall terminate on December 31, 2020. 5. All other terms, covenants, and conditions in the original Agreement, as amended, shall remain in full force and effect and shall be applicable to this Third Amendment. DATED: , 2020 Approved as to form and legality: SAN DIEGO UNIFIED PORT DISTRICT GENERAL COUNSEL By: Senior Deputy General Counsel By JASON H. GIFFEN Assistant Vice President Planning and Green Port Approved as to form and legality: CITY OF NATIONAL CITY, CITY ATTORNEY a Municipal Corporation of the State of California By By: ANGIL MORRIS-JONES BRAD RAULSTON City Attorney City Manager ICF JONES & STOKES, INC., a Delaware Corporation By PASHA AUTOMOTIVE SERVICES, a California Corporation By GB CAPITAL HOLDINGS, a Limited Liability Corporation of the State of California By Page 2 of 2 DocuSign Envelope ID: B35D52E1-D4C4-43C1-9DAB-A44E1BD90D96 4. The term of the Agreement is hereby extended and shall terminate on December 31, 2020. 5. All other terms, covenants, and conditions in the original Agreement, as amended, shall remain in full force and effect and shall be applicable to this Third Amendment. DATED: , 2020 Approved as to form and legality: SAN DIEGO UNIFIED PORT DISTRICT GENERAL COUNSEL By: Senior Deputy General Counsel By JASON H. GIFFEN Assistant Vice President Planning and Green Port Approved as to form and legality: CITY OF NATIONAL CITY, CITY ATTORNEY a Municipal Corporation of the State of California By By: ANGIL MORRIS-JONES BRAD RAULSTON City Attorney City Manager ICF JONES & STOKES, INC., a Delaware Corporation By PASHA AUTOMOTIVE SERVICES, a California. Corporation GB CAPITAL HOLDINGS, a Limited Liability Corporation of the State of California By Page 2of2 4., The term of the Agreement is hereby extended and shall terminate on December 31, 2020. 5. All other terms, covenants, and conditions in the original Agreement, as amended, shall remain in full force and effect and shall be applicable to this Third Amendment. DATED: , 2020 Approved as to form and legality: SAN DIEGO UNIFIED, PORT DISTRICT GENERAL COUNSEL By: Senior Deputy General Counsel Approved as to form and legality: CITY ATTORNEY 49 By JASON H. GIFFEN Assistant Vice President Planning and Green Port CITY OF NATIONAL CITY, a Municipal Corporation of the State of California By B IL I -J BRAD�'RAIiLS'T ity Att• rney City Manager ICF JONES & STOKES, INC., a Delaware Corporation By PASHA AUTOMOTIVE SERVICES, a California Corporation By GB CAPITAL HOLDINGS, a Limited Liability Corporation of the State of Califomia By Page 2 of 2 DocuSign Envelope ID: B35D52E1-D4C4-43C1-9DAB-A44E1BD90D96 4. The term of the Agreement is hereby extended and shall terminate on December 31, 2020. 5. All other terms, covenants, and conditions in the original Agreement, as amended, shall remain in full force and effect and shall be applicable to this Third Amendment. DATED: , 2020 Approved as to form and legality: SAN DIEGO UNIFIED PORT DISTRICT GENERAL COUNSEL By: Senior Deputy General Counsel By JASON H. GIFFEN Assistant Vice President Planning and Green Port Approved asto form and legality: ° CITY OF NATIONAL CITY, CITY ATTORNEY a Municipal Corporation of the State of California By By: ANGIL MORRIS-JONES BRAD RAULSTON , City Attorney . City Manager ICF JONES & STOKES, INC., a Delaware Corporation By PASHA AUTOMOTIVE SERVICES, a California Corporation By GB CAPITAL ILDINGS, a Limited Lia ' y Corporatio Page 2 of 2 e of California �D &,,,-.4/4/41r)tc DocuSign Envelope ID: B35D52E1-D4C4-43C1-9DAB-A44E1BD90D96 EXHIBIT A-2 Additional Services for Scope of Work The following work items cover additional work to be completed by the Consultant to complete the Draft EIR for the. Environmental Impact Report (EIR) for the National City Bayfront Projects and Plan Amendments ("Proposed Project" or "project"). These additional work items were not anticipated in the original Scope of Work, which was prepared in response to the Project's Request for Proposals (RFP). More specifically, additional funds are warranted to complete the work efforts for Task 4.2, Task 4.6, Task 5, and Task 14,. which are proposed to be revised, as described below. I. ADDITIONAL WORK EFFORTS Task 4 — Technical Studies Task 4.2: Biological Resources The scope of work for this task will be expanded to address the additional work efforts required to incorporate the revised Biological Resources Technical Report, which has been significantly expanded at the request of the California Department of Fish and Wildlife in that agency's Notice of Preparation letter dated 1/21/19. Task 4.6: Transportation and Parking Traffic counts associated with this task were collected in 2017. At the request of the District, subconsultant Chen Ryan Associates conducted additional traffic counts to validate the 2017 traffic volumes. More specifically, the following roadway segment counts were collected for three (3) days: • Bay Marina Drive between Cleveland Avenue and 1-5 Southbound Ramps • Bay Marina Drive between Haffley Avenue and Cleveland Avenue • Bay Marina Drive between Quay Avenue and Tidelands Avenue. Also at the request of the District, Chen Ryan Associates will analyze transportation impacts pursuant to Senate Bill (SB) 74.3 for the proposed project. This includes a SB 743 Vehicle Miles Traveled (VMT) analysis for the proposed project's Traffic Analysis Zone. The San Diego Association of Governments (SANDAG) model that will be used for this analysis is the recently completed North Harbor Drive model. Chen Ryan Associates will prepare a memorandum summarizing the methodology and results of the SB 743 analysis and will draft any mitigation, if necessary. DocuSign Envelope ID: B35D52E1-D4C4-43C1-9DAB-A44E1BD90D96 Task 5 — First Screencheck Draft EIR The original scope of work for the EIR was prepared prior to the comprehensive update to the CEQA Guidelines that occurred in December 2018. Therefore, additional work efforts are required for this task in order to incorporate the changes . associated with the comprehensive update (2018) to the CEQA Guidelinesinto the EIR, including adding a new EIR section (Energy) and adding a "Wildfire" analysis in the Effects Found Not to Be Significant chapter of the EIR. At the request of the District; the relocation of Granger Hall to Pepper Park will be included, where appropriate, in the Draft EIR. For land use purposes, Granger Hall will be analyzed as an event venue with limitations with 85 percent use as a public facility and 15 percent use as a private facility. This land use would be consistent with the Balanced Plan and no additional technical studies would be required. Further, the above -mentioned revisions to Task 4.2, Task 4.6, and Task 5 require additional work efforts for the following EIR sections: • Project Description • Aesthetics • Air Quality and Health Risk • Biological Resources • Cultural Resources • Greenhouse Gas Emissions and Climate Change • Land Use and Planning • Noise and Vibration • Public Services and Recreation • Transportation, Circulation, and Parking • Utilities and Service Systems Task 14 — Project Coordination and Meetings The original scope of work anticipated completion of the EIR within approximately 18 months; however, the anticipated completion of the EIR has been extended due to completion of the project description taking longer than originally anticipated and additional work efforts associated with comments received on the Notice of Preparation. This extended schedule has resulted in Consultant providing additional project coordination and project management activities, including instances that have required project' management assistance from both Consultant's Project Manager and Project Director. The additional work efforts required for this task are. anticipated to cover continued project coordination and project management activities through the end of the amended termination date of this Agreement — December 31, 2020, with involvement primarily from Consultant's Project Manager and intermittently from Consultant's Project Director. DocuSign Envelope ID: B35D52E1-D4C4-43C1-9DAB-A44E1BD90D96 II. REVISED FEE FOR SERVICES TO BE PERFORMED The above -mentioned work will be performed on a time and materials basis not to exceed a total of $70,232. The total amount of these Labor costs shall be billed in accordance with Consultant's hourly rates, as depicted in Section 5 of the original Agreement. . Task, r _ . Prop'osed .': :Fee.' , Increase: Overall Total Fee 'pee Task;. - as Amended;` Task 1 — Review Background Information $0 $5,312 Task 2 — Project Description $0 $12,470 Task 3 — Initial Study/Notice of Preparation $0 $17,346 Task 4 — Technical Studies Task 4.1 ! Air Quality and Health Risk $0 $37,802 Task 4.2— Biological Resources $2,387. $16,887 Task 4.3 — Cultural Resources $0 $23,487 Task 4.4 — Greenhouse Gas. Ern'issions and Climate Change $0 $19,604 Tusk 4.5- Noise and Vibration $0 $30,137 Task 4.6 - Transportation and Parking $11,891 $71,171 Task 4.7 — Sea Level Rise $0 $4,002 Task 5 ;First Screencheck Draft EIR $20,632 $216,144 Task 6 — Second Screencheck Draft EIR $0 $45,319 Task 7 — Third Screencheck Draft EIR $0 $18,077 Task 8 — Public Review Draft EIR $0 $10,753 Task 9 — Responses to Comments $0 $39,203 Task 10 — First Screencheck Final EIR and MMRP $0 $17,938 . Task 11 — Second Screencheck Final EIR and MMRP $0 $8,678 Task 12 — Final EIR and MMRP $0 $3,560 Task 13 — Findings and Statement of Overriding Considerations $0 $7,053 Task 14 — Project Coordination, Meetings, and Quality Control $35,322 $78,481 Task 15 — Reimbursable Expenses $0 $7,250 Contingency $0 $54,558 TOTAL $70,232 $745,232