14-013 LSA Associates, Inc., for consultant services of the EIR for Apple Campus 2OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255
TELEPHONE: (408) 777 -3223 • FAX: (408) 777 -3366
WEBSITE: www.cupertino.org
CUPERTINO
January 28, 2014
LSA Associates, Inc,
2215 Fifth Street
Berkley, CA 94710
Attention: Les Card, CEO /Chairman
Re: Agreement for consultant services for preparation of the Environmental Impact
Report for the Apple Campus 2 project.
A fully executed copy of the agreement for consultant services with the City of
Cupertino is enclosed. If you have any questions or need additional information, please
contact the Community Development Department at (408) 777 -3308.
Sincerely,
Andrea Sanders
Senior Office Assistant
Enclosure
cc: Community Development
AGREEMENT BETWEEN THE CITY OF CUPERTINO AND LSA ASSOCIATES INC
- . —r. T rNiC rruV rxi %ITRnNMF.NTAL
IMPACT REPORT FOR THE A.I'PLE CAMPUS 2 PROJECT
AGREEMENT, for reference dated -December 23rd, 21 U , is y n
TH I S
V
CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City"),
and
LSA Associates, Inc, a California corporation, o,hose address is 2215 Fifth Street,
Berkeley CA 94710 (hereinafter referred to as "Consultant "), and is made with reference
to the following:
RECITA.LLSS:
A. City is a municipal corporation duly organized and validly existing under
the laws of the State of California with the power to carry on its business as it is now
being conducted under the Constitution and the statutes of the State of California and
the Cupertino Municipal Code.
B. Consultant is specially trained, experienced and competent to perform
the special services which will be required by this Agreement; and
C. Consultant possesses the skill, experience, ability, background,
certification and knowledge to provide the services described in this Agreement on the
terms and conditions described herein.
D. City and Consultant desire to enter into an agreement not to exceed ONE
HUNDRED THIRTY ONE THOUSAND ONE HUNDRED TWENTY DOLLARS
( 131 120 upon the terms and conditions herein.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM:
The term of this Agreement shall commence on December 23,d, 2013, and shall
terminate on December 31.51, 2014, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED:
Consultant shall perform each and every service set forth in Exhibit "A" which is
attached hereto and incorporated herein by this reference.
3. COMPENSATION TO CONSULT LNT:
Consultant shall be compensated for services performed pursuant to this
Agreement in the amount not to exceed ONE HUNDRED'THIRTY ONE THOUSAND
ONE HUNDRED TWENTY DOLLARS ($131,120) set forth in Exhibit "A" which is
attached hereto and incorporated herein by this reference. Payment shall be made by
checks drawn on the treasury of the City, to be taken from the 110 -7301 -9327 fund.
4. TIME IS OF THE ESSENCE:
Consultant and City agree that time is of the essence regarding the performance
of this Agreement.
5. STANDARD OF CARE:
Consultant agrees to perform all services hereunder in a manner commensurate
with the prevailing standards of like professionals in the San Francisco Bay Area and
agrees that all services shall be performed by qualified and experienced personnel who
are not employed by the City nor have any contractual relationship with City.
6. INDEPENDENT PARTIES:
City and Consultant intend that the relationship between them created by this
Agreement is that of employer - independent contractor. The manner and means of
conducting the work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the express terms 'of this Agreement. No civil
service status or other right of employment will be acquired by virtue of Consultant's
services. None of the benefits provided by City to its employees, including but not
limited to, unemployment insurance, workers' compensation plans, vacation and sick
leave are available from City to Consultant, its employees or agents. Deductions shall
not be made for any state or federal taxes, FICA payments, PERS payments, or other
purposes normally associated with an employer- employee relationship from any fees
due Consultant. Payments of the above items, if required, are the responsibility of
Consultant.
7. IMMIGRATION REFORM AND CONTROL ACT (IRCA):
Consultant assumes any and all responsibility for verifying the identity and
employment authorization of all of his/her employees performing work hereunder,
pursuant to all applicable IRCA or other federal, or state rules and regulations.
Consultant shall indemnify and hold City harmless from and against any loss, damage,
liability, costs or expenses arising from any noncompliance of this provision by
Consultant.
8. NON - DISCRIMINATION:
Consistent with City's policy that harassment and discrimination are
unacceptable employer /employee conduct, Consultant agrees that harassment or
discrimination directed toward a job applicant, a City employee, or a citizen by
Consultant or Consultant's employee or subcontractor on the basis of race, religious
creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy,
sex, age, or sexual orientation will not be tolerated. Consultant agrees that any and all
violations of this provision shall constitute a material breach of this Agreement.
9. HOLD HARMLESS:
Indemnification:
Consultant shall, to the fullest extent ;allowed by law, with respect to all services
performed in connection with the Agreement, indemnify, defend, and hold
harmless the City and its officers, officials, agents, employees and volunteers
from and against any and all liability, claims, actions, causes of action or
demands whatsoever against any of them, including any injury to or death of
any person or damage to property or other liability of any nature, whether
physical, emotional, consequential or otherwise, arising out, pertaining to, or
related to the performance of this Agreement by Consultant or Consultant's
employees, officers, officials, agents or independent contractors. Such costs and
expenses shall include reasonable attorneys' fees of counsel of City's choice,
expert fees and all other costs and fees of litigation.
B. Claims for Other Liability. Consultant shall, to the fullest extent allowed
by law, with respect to all services performed in connection with the Agreement,
indemnify, defend, and hold harmless the City and its officers, officials, agents,
employees and volunteers against any and all liability, claims, actions, causes of
action or demands whatsoever from grid against any of them, including any
injury to or death of any person or darnage to property or other liability of any
nature, that arise out of, pertain to, or relate to the negligence, recklessness, or
willful misconduct of Consultant or Consultant's employees, officers, officials,
agents or independent contractors. Such costs and expenses shall include
reasonable attorneys' fees of counsel of City's choice, expert fees and all other
costs and fees of litigation. Consultant shall not be obligated under this
Agreement to indemnify City to the extent that the damage is caused by the sole
or active negligence or willful misconduct of City, its agents or employees.
C. Claims involving intellectual property. In addition to the obligations
set forth in (A) and (B) above, Consultant shall indemnify, defend, and hold the
City, its elected and appointed officers, employees, and volunteers, harmless
from and against any Claim in which a violation of intellectual property rights,
including but not limited to copyright or patent rights, is alleged that arises out
of, pertains to, or relates to Consultant's negligence, recklessness or willful
misconduct under this Agreement. Such costs and expenses shall include
reasonable attorneys' fees of counsel of City's choice, expert fees and all other
costs and fees of litigation.
10. INSURANCE:
On or before the commencement of the term of this Agreement, Consultant shall
furnish City with certificates showing the type, amount, class of operations covered,
effective dates and dates of expiration of insurance coverage in compliance with
paragraphs 9A, B, C, D and E. Such certificates, which do not limit Consultant's
indemnification, shall also contain substantially the following statement: "Should any of
the above insurance covered by this certificate be canceled or coverage reduced before
the expiration date thereof, the insurer affording coverage shall provide thirty (30) days'
advance written notice to the City of Cupertino by certified mail, Attention: City
Manager." It is agreed that Consultant shall maintain in force at all times during the
performance of this Agreement all appropriate coverage of insurance required by this
Agreement with an insurance company that is acceptable to City and licensed to do
insurance business in the State of California. Endorsements naming the City as
additional insured shall be submitted with the insurance certificates.
A. COVERAGE:
Consultant shall maintain the following insurance coverage:
(1) Workers' Compensation.:
Statutory coverage as required by the State of California.
(2) Liability:
Commercial general liability coverage in the following minimum
limits:
Bodily Injury: $500,000
each occurrence
$1,000,000
aggregate - all other
Property Damage: $100,000 each occurrence
$2,50,000 aggregate
If submitted, combined single limit policy with aggregate limits in
the amounts of $1,000,000 will be considered equivalent to the
required minimum limits shown above.
(3) Automotive:
Comprehensive automotive liability coverage in the following
minimum limits:
Bodily Injury: $500,000 each occurrence
Property Damage: $100,000 each occurrence
or
Combined Single Limit: $500,000 each occurrence
(4) Professional Liability:
Professional liability insurance which includes coverage for the
professional acts, errors and omissions of Consultant in the
amount of at least $1,000,000.
B. SUBROGATION WAIVER:
Consultant agrees that in the event of loss due to any of the perils for which
he /she has agreed to provide comprehensive general and automotive liability insurance,
Consultant shall look solely to his /her insurance for recovery. Consultant hereby grants
to City, on behalf of any insurer providing comprehensive general and automotive
liability insurance to either Consultant or City with respect to the services of Consultant
herein, a waiver of any right to subrogation which any such insurer of said Consultant
may acquire against City by virtue of the payment of any loss Linder such insurance.
C. FAILURE TO SECURE:
If Consultant at any time during the terra hereof should fail to secure or maintain
the foregoing insurance, City shall be permitted to obtain such insurance in the
Consultant's naive or as an agent of the Consultant and shall be compensated by the
Consultant for the costs of the insurance premiums at the maximum rate permitted by
law and computed from the date written notice is received that the premiums have not
been paid.
D. ADDITIONAL INSURED:
City, its City Council, boards and commissions, officers, employees and
volunteers shall be named as an additional insured under all insurance coverages,
except any professional liability insurance, required by this Agreement. The naming of
an additional insured shall not affect any recovery to which such additional insured
would be entitled under this policy if not named as such additional insured. An
additional insured named herein shall not be held liable for any premium, deductible
portion of any loss, or expense of any nature on this policy or any extension thereof.
Any other insurance held by an additional insured shall not be required to contribute
anything toward any loss or expense covered by the insurance provided by this policy.
E. SUFFICIENCY OF INSURANCE:
The insurance limits required by City are not represented as being sufficient to
protect Consultant. Consultant is advised to confer with Consultant's insurance broker
to determine adequate coverage for Consultant.
11. CONFLICT OF INTEREST:
Consultant warrants that it is not a conflict of interest for Consultant to perform
the services required by this Agreement. Consultant may be required to fill out a
conflict of interest form if the services provided under this Agreement require
Consultant to make certain governmental decisions or serve in a staff capacity as defined
in Title 2, Division 6, Section 18700 of the California Code of Regulations.
12. PROHIBITION AGAINST TRANSFERS:
Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or
any interest therein, directly or indirectly, by operation of law or otherwise, without
prior written consent of City. Any attempt to do so without said consent shall be null
and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or
interest by reason of such attempted assignment, hypothecation or transfer. However,
claims for money by Consultant from City under this Agreement may be assigned to a
bank, trust company or other financial institution without prior written consent.
Written notice of such assignment shall be promptly furnished to City by Consultant.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
venturer or syndicate member or cotenant, if Consultant is a partnership or joint venture
or syndicate or cotenancy; which shall result in changing the control of Consultant, shall
be construed as an assignment of this Agreement. Control means fifty percent (50 %) or
more of the voting power of the corporation.
13. SUBCONTRACTOR APPROVAL:
Unless prior written consent from City is obtained, only those people and
subcontractors whose; names and resumes are attached to this Agreement shall be used
in the performance of this Agreement.
In the event that Consultant employs subcontractors, such subcontractors shall
be required to furnish proof of workers' compensation insurance and shall also be
required to carry general, automobile and professional liability insurance in reasonable
conformity to the insurance carried by Consultant. In addition, any work or services
subcontracted hereunder shall be subject to each provision of this Agreement.
14. PERMITS AND LICENSES:
Consultant, at his/her sole expense, shall obtain and maintain during the term of
this Agreement, all appropriate permits, certificates and licenses including, but not
limited to, a City Business License, that may be required in connection with the
performance of services hereunder.
15. REPORTS:
A. Each and every report, draft, work product, map, record and other
document, hereinafter collectively referred to as "Report ", reproduced, prepared or
caused to be prepared by Consultant pursuant to or in connection with this Agreement,
shall be the exclusive property of City. Consultant shall not copyright any Report
required by this Agreement and shall execute appropriate documents to assign to City
the copyright to Reports created pursuant to this Agreement. Any Report, information
and data acquired or required by this Agreement shall become the property of City, and
all publication rights are reserved to City. Consultant may retain a copy of any report
furnished to the City pursuant to this Agreement.
B. All Reports prepared by Consultant may be used by City in execution or
implementation of:
(1) The original Project for which Consultant was hired;
(2) Completion of the original Project by others;
(3) Subsequent additions to the original project; and /or
(4) Other City projects as appropriate.
C. Consultant shall, at such time and in such form as City may require,
furnish reports concerning the status of services required under this Agreement.
D. All Reports required to be provided by this Agreement shall be printed
on recycled paper. All Reports shall be copied on both sides of the paper except for one
original, which shall be single sided.
E. No Report, information or other data given to or prepared or assembled
by Consultant pursuant to this Agreement shall be made available to any individual or
I rganization by Consultant without prior approval by City.
16. RECORDS:
Consultant shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts and other such information required by City that relate to the
performance of services under this Agreement.
Consultant shall maintain adequate records of services provided in sufficient
detail to permit an evaluation of services. All such records shall be maintained in
accordance with generally accepted accounting principles and shall be clearly identified
and readily accessible. Consultant shall provide free access to such books and records to
the representatives of City or its designees at all proper tunes, and gives City the right to
examine and audit same, and to make transcripts therefrom as necessary, and to allow
inspection of all work, data, documents, proceedings and activities related to this
Agreement. Such records, together with supporting documents, shall be kept separate
from other documents and records and shall be maintained for a period of three (3)
years after receipt of final payment.
If supplemental examination or audit of the records is necessary due to concerns
raised by City's preliminary examination or audit of records, and the City's
supplemental examination or audit of the records discloses a failure to adhere to
appropriate internal financial controls, or other breach of contract or failure to act in
good faith, then Consultant shall reimburse City for all reasonable costs and expenses
associated with the supplemental examination or audit.
17. NOTICES:
All notices, demands; requests or approvals to be given under this - Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the second business day after the deposit thereof in the United States
Mail, postage prepaid, registered or certified, addressed as hereinafter
provided.
All notices, demands, requests, or approvals from Consultant to City shall be
addressed to City at:
City of Cupertino
10300 Torre Ave.
Cupertino CA 95014
Attention: Aarti Shrivastava
All notices, demands, requests, or approvals from City to Consultant shall be
addressed to Consultant at:
LSA Associates, Inc
221.5 Fifth Street
Berkeley, CA 94710
Attn: Adam Weinstein
18. TERMINATION:
In the event Consultant fails or refuses to perform any of the provisions hereof at
the time and in the manner required hereunder, Consultant shall be deemed in default
in the performance of this Agreement. If such default is not cured within within the
time specified after receipt by Consultant from City of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, City
may terminate the Agreement forthwith by giving to the Consultant written notice
thereof.
City shall have the option, at its sole discretion and without cause, of terminating
this Agreement by giving seven (7) days' prior written notice to Consultant as provided
herein. Upon termination of this Agreement, each party shall pay to the other party that
portion of compensation specified in this Agreement that is earned and unpaid prior to
the effective date of termination.
19. COMPLIANCES:
Consultant shall comply with all state or federal laws and all ordinances, rules
and regulations enacted or issued by City.
20. CONFLICT OF LAW:
This Agreement shall be interpreted under, and enforced by the laws of the State
of California excepting any choice of law rules which may direct the application of laws
of another jurisdiction. The Agreement and obligations of the parties are subject to all
valid laws, orders, rules, and regulations of the authorities having jurisdiction over this
Agreement (or the successors of those authorities.)
Any suits brought pursuant to this Agreement shall be filed with the courts of
the County of Santa Clara, State of California.
21. ADVERTISEMENT:
Consultant shall not post, exhibit, display or allow to be posted, exhibited,
displayed any signs, advertising, show bills, lithographs, posters or cards of any kind
pertaining to the services performed under this Agreement unless prior written
approval has been secured from City to do otherwise.
22. WAIVER:
A waiver by City of any breach of any term, covenant, or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant, or condition contained herein, whether of the same or a different
character.
23. INTEGRATED CONTRACT:
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions hereof. Any modification of this
Agreement will be effective only by written execution signed by both City and
Consultant.
24. INSERTED PROVISIONS:
Each provision and clause required by law to be inserted into the Agreement
shall be deemed to be enacted herein, and the Agreement shall be read and enforced as
though each were included herein. If through mistake or otherwise, any such provision
is not inserted or is not correctly inserted, the Agreement shall be amended to make
such insertion on application by either party.
25. CAPTIONS:
The captions in this Agreement are for convenience only, are not a part of the
Agreement and in no way affect, limit or amplify the terms or provisions of this
Agreement.
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.
CONSULTANT CITY OF CUPERTINO
A Municipal Corporation
LSA Associates, Inc -42 By /L � Bye) _
V-
Title ULS M & CAD CU (ffYky) —Piu Ghosh, Senior Planner
Date 15114 Date I � 14
RECOMMENDED FOR APPROVAL:
/ W&a �
Aarti Shrivastava, Director
Community Development Department
APPROVED AS TO FORM:
Carol Korade, City Attorney
ATTEST:
Gracie Schmidt, City Clerk 2�
Attachments
Exhibit A - Scope of Work
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER
AMOUNT
110 - 7301 -9327
$131,120
PO #
■ LSA ASSOCIATES, AV INC. 11 A'RLC LAY IRVINE: SAN LUIS L 6'L18 SI X'I`FL AVI'NUL NW 'L 06 JOG 9G`L0 'I'liL CA Rl.S 6A17 ::A LM SPRINGS SAN LUi S OIIISYO
SEATTLE, WA 98'107 I O,RT GO LLI NS YOINf RICHMOND S. SAN FRANCISCO
1'RESNO RIVERSIDE
December 3, 2013
Aarti Shrivastava and Pia Ghosh
City of Cupertino
Community Development Department
10300 Torre Avenue
Cupertino, CA 95014
EXHIBIT A
Subject: Amendment 6 to Apple Campus 2 Project Environmental Impact Report (EIR) Scope
of Work and Budget
Dear Aarti and Piu:
This letter identifies a scope and budget augment req- lest (Amendment 6) to conduct out -of -scope
tasks associated with preparation of the Apple Campus 2 Project EIR, listed below. It is LSA's policy
to submit budget augment requests prior to conducting the out -of -scope work. However, due to the
extraordinary work effort required of LSA and its subconsultant, Fehr & Peers, in the several weeks
leading up to the final public hearings for the project, many of the tasks discussed in this letter have
already been completed. We appreciate the understanding of City staff and the applicant team in
regard to our submittal of this, augment request at this late stage in the project review process, and
request that this augment be processed expeditiously so that LSA and Fehr & Peers may bill fees that
have been held (in some cases) for several weeks.
• Task 1. Publish Additional Paper Copies of the Draft EIR and Response to Comments
Document
• Task 2. Attend an Additional City Council Member Briefing
• Task 3. Undertake Additional Transportation- related Tasks
• Task 4. Provide a Formal Response to Late Continents Submitted on the Draft EIR
• Task 5. Attend Additional Public Hearings
• Task 6. Provide Feedback on Staff Report and Conditions of Approval
• Task 7. Complete Additional Work on Mitigation Monitoring and Reporting Program
(MMRP)
• Task 8. Prepare Conditions of Approval Reporting Program
• Task 9. Prepare Compilation Final EIR
• Task 10. Prepare Text Changes Memorandum
PLANNING 1 ENVIRONMENTAL SGi EINCES 1 DESIGN
LSA ASSOCIATES, INC.
• Task 1 l . Attend Additional Conference Calls
These tasks were developed in consultation with City staff and are described in more detail below
Task 1. Publish Additional Paper Copies of the Diraft EIR and Response to Comments
Document. City staff requested a total of 18 additional paper copies of tile Draft EIR and 10
additional paper copies of the Response to Comments Document. The materials cost for each
additional Draft El is $100; the materials cost for each additional Response to Comments Document
is $60. LSA Budjzet = $2,400.
Task 2. Attend an Additional City Council Member Briefing. On August 20, 2013 LSA's Project
Manager, Adam Weinstein, attended a briefing at City Hall with City staff and one City Council
member. This task required approximately 8 hours oi.'Project Manager staff time, including meeting
preparation (a brief review of the Draft EiR), meeting attendance, and travel time. LSA Budget =
$1,420.
Task 3. Undertake Additional Transportation - related Tasks. Fehr & Peers have completed
numerous out -of -scope transportation - related tasks at the request of the project team to exhaustively
analyze project - related traffic issues, meet with individual members of the City Council to discuss
project- related traffic issues, and provide new analyses to respond to questions from City staff, the
Planning Commission, City Council, applicant, and agencies. Please refer to the attached memo from
Fehr & Peers for a description of these out -of- -scope tasks. This task also includes 12 hours of LSA
Project Manager time and 10 hours of LSA Principal time for coordination with Fehr & Peers and
City staff on the out -of -scope tasks conducted as part of Task 3. Total Task 3 Budget = $71,630 (LSA
Budget = $3,630; F &P Budget = $68,000).
Task 4. Provide a Formal Response to Late Comments Submitted on the Draft EIR. LSA's
initial June 28, 2011 scope of work assumed that all public /agency comments received on the Draft
EIR during the public review period would be addressed in the formal Response to Comments
Document, but that late comments would be addressed in the staff report or verbally at the public
hearings for the project. Instead, City staff and legal counsel requested that LSA prepare two
memoranda addressing comments received between 1he end of the review period on July 22 and
September 19, 2013, and then between September 20 and October 4, 2013. LSA also reviewed late
comments prior to the October 1, 2013 Planning Commission and City Council Study Session and
reported via email on significant issues raised in the comments. LSA Budget = $9,400.
Task 5. Attend Additional Public Hearings. LSA's initial scope of work assumed attendance by
LSA's Principal and Project Manager at two Planning Commission hearings and two City Council
hearings, but did not assume LSA staff attendance at the Environmental Review Commission (ERC).
LSA's Principal and Project Manager prepared for and attended the ERC meeting on September 26,
2013, along with a preparation and strategy session for the City Council /Planning Commission Study
Session on October 1, 2013 (the Study Session itself is considered within the existing scope of work
as it is effectively substituting for one Planning Commission hearing). In addition, City staff
requested attendance at the Study Session by Arny Fischer, LSA's Air Quality /Greenhouse Gas
Emissions Manager for the project. The budget identified for this task includes travel costs for Amy,
who is based in Fresno. LSA Budget = $7,500.
Task 6. Provide Feedback on Staff Report and Conditions of Approval. City staff requested that
LSA provide comments and feedback on the staff report prepared for the October l Study Session
and the Conditions of Approval prepared to meet Assembly Bill 900 (AB 900) requirements. LSA
helped revise the Environmental Review section of the staff report and made other technical edits.
LSA ASSOCIATES, INC.
LSA reviewed the AB900 conditions in light of the analysis of greenhouse gas emissions in the Draft
EiR. LSA Budget = $1,680.
Task 7. Complete Additional Work on the Mitigation Monitoring and Reporting Program.
LSA's initial scope of work assumed one round of review of the Mitigation Monitoring and
Reporting Program (MMRP). However, LSA received over three rounds of edits, including from City
staff and the City's legal counsel. The revisions completed by LSA included tracking the changes to
mitigation measures made across three documents (the MMRP, Response to Comments Document,
and Conditions of Approval), and updating the monitoring protocols accordingly. LSA Budget =
$5,110.
Task S. Prepare Conditions of Approval Reporting Program. LSA prepared a monitoring and
reporting program for the Conditions of Approval identified in the Final EIR. The initial scope of
work assumed that such a document would be prepared only for mitigation measures in the Final EiR.
LSA Budget = $2,210.
Task 9. Prepare Compilation Final EIR. LSA's initial scope of work did not include the
preparation of a "corrected" Draft EIR that includes al I the text changes and new /adjusted figures
included in the Response to Comments Document and subsequent text revisions memo. City staff
requested that LSA prepare a Final EIR following the October 15, 2013 City Council hearing.
Preparing this document will involve incorporating the text changes made as part of the Response to
Comments Document and all revised figures, word processing and paginating the document,
compiling the various sections into a consolidated PDF, review by senior LSA staff, and production
of paper copies of the document. LSA Budget = $1 0.270.
Task 10. Prepare Text Changes Memorandum. At the request of the City's legal counsel, LSA
prepared a rnemo discussing additional changes to the text of the EiR made after the Response to
Comments Document was finalized. This memo included text changes to: Mitigation Measure
TRANS -23, Mitigation Measure TRANS -27, the AB 900- required language provided in the Draft
EIR and Response to Comments Document, and Mitigation Measure PLAN -2. The initial draft of the
memo was submitted on October 4, 2013, and then a second and final draft was submitted on October
7. This work required extensive coordination with the City's legal counsel and Fehr & Peers. LSA
BLIdizet = $11,500.
Task 11. Attend Additional Conference Calls. For budgeting purposes, LSA assumed that the
frequency and duration of weekly internal (with City staff) and team conference would diminish after
the Response to Comments Document was published. However, LSA has attended at least two
conference calls in the weeks following publication of the Response to Comments Document. This
task includes attendance by LSA's Project Manager and Principal -in- Charge at 14 additional
conference calls, including preparation and organization time. LSA Budget = $8,000.
LSA ASSOCIATES, INC.
TOTAL BUDGET = $131,120 (including $63,120 L.SA budget and $68,000 F &P budget).
We, have enjoyed working with you and the rest of the project team on this project, look forward to
future collaboration, and appreciate your consideration and processing of this budget augment
request.
Sincerely,
LSA ASSOCIATES, INC.
19A k4kc
Adam Weinstein, AICP
Associate
Judith H. Malamut, AICP
Principal