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HomeMy WebLinkAboutContracts & Agreements_97-2018C EA 72(4118) AGREEMENT FOR THE PROVISION OF PROFESSIONAL ENVIRONMENTAL CONSULTING SERVICES FOR A PRIVATE PROJECT This agreement for the provision of professional environmental consulting services ("Agreement") is made and entered into this 29th day of May, 2018 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and LSA Associates, Inc ("Consultant"), who are sometimes individually referred to herein as a "Party" and, together, as the "Parties " In consideration of the mutual promises contained herein, City and Consultant agree as follows - ARTICLE I — ENGAGEMENT OF CONSULTANT 1 1 City hereby engages Consultant to provide professional environmental consulting services for City (the "Services") 1 2 The Services shall be performed by Consultant in a professional manner, and Consultant represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional consultants in the industry providing like and similar types of Services ARTICLE 2 — SERVICES OF CONSULTANT 21 The Services that Consultant shall perform are more particularly described in Exhibit "A," entitled "Scope of Services," including a project schedule, which is attached hereto and incorporated herein by reference 22 Consultant shall comply with applicable federal, state and local laws and regulations in the performance of this Agreement including, but not limited to, State prevailing wage laws ARTICLE 3 — RESPONSIBILITIES OF CITY 3 1 City shall make available to Consultant information in its possession that may assist Consultant in performing the Services 32 City designates Brian Desatnik, City's Development Services Director, or his designee, as City's representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to performance of the Services ARTICLE 4 -- PERFORMANCE OF SERVICES 41 Consultant shall perform and complete the Services in accordance with the project schedule The Services shall commence on the Effective Date of this Agreement and be completed on or before March 31, 2019 11caWjm\Agreements\LSA Associates Environment Agmt.EA 7 2.doeI EA 7 2 (4/18) 42 If Consultant's Services Include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to the City, consistent with City Council adopted policy for the same It shall be the obligation of Consultant to obtain a copy of such policy from City staff. ARTICLE 5 – PAYMENTS TO CONSULTANT 5 1 The total compensation for Consultant's performance of the Services shall not exceed the amount Thirty Nine Thousand Eight Hundred Forty Dollars ($39,840) City shall pay Consultant on a time and materials basis, up to the not to exceed amount, in accordance with Exhibit "B" entitled "Project Costs and Hourly Rates " Exhibit "B" is attached hereto and incorporated herein by this reference. 52 Consultant shall submit an invoice to City describing the Services performed, the dates the Services were performed, and the number of hours spent and by whom, upon completion of the Services City shall pay Consultant no later than thirty (30) days after receipt and approval by City of Consultant's invoice 5 3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing Any such notice shall be deemed delivered (i) on the date of delivery in person, (ii) five (5) days after deposit in first class certified, registered or express mail, with return receipt requested, (in) on the actual delivery date if deposited with an overnight courier, or (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail, in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section- city - City Clerk City of Redlands 35 Cajon Street, Suite 200 P O Box 3005 (mailing) Redlands, CA 92373 Consultant P11— RobMcCann, CEO LSA Associates, Inc 1500 Iowa Avenue, Suite 200 Riverside, CA 92507 ARTICLE 6 – INSURANCE AND INDEMNIFICATION 6 1 The following insurance coverage required by this Agreement shall be maintained by Consultant for the duration of its performance of the Services Consultant shall not perform any Services unless and until the required insurance listed below is obtained by Consultant Consultant shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City 11ca\djmlAgreements\LSA Associates Environment Agmt.EA 7 2.doo EA 7 2 (4/18) A Workers' Compensation and Employer's Liability Insurance in the amount that meets statutory requirements with an Insurance carrier acceptable to City, or certification to City that Consultant is self-insured or exempt from the workers' compensation laws of the State of California Consultant shall execute and provide City with Exhibit "C" entitled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference prior to performance of the Services B Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City C Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability This coverage shall include all Consultant owned vehicles used in connection with Consultant's provision of the Services, hired and non -owned vehicles, and employee non -ownership vehicles City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City 62 Consultant shall defend, indemnify and hold harmless City and its elected officials, employees and agents from and against any and all claims, losses or liability, including attorneys' fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Consultant, or its officers, employees and agents in performing the Services ARTICLE 7 — CONFLICTS OF INTEREST 7.1 Consultant covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Consultant's Services Consultant further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement 72 Consultant agrees it is not a designated employee within the meaning of the Political Reform Act because Consultant A Does not make a governmental decision whether to (i) approve a rate, rule or regulation, or adopt or enforce a City law, (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement, (m) authorize City to enter into, modify or renew a contract; (iv) grant City approval to a contract that requires City approval and to which I ka\djm\Agreemenls\LSA Associates Environment Agmt.EA 7 2.doc3 EA 7 2 (1/18) City is a party, or to the specifications for such a contract, (v) grant City approval to a plan, design, report, study or similar item, (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof B Does not serve in a staff capacity with City and in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City's Conflict of Interest Code under Government Code section 87302 73 In the event City determines that Consultant must disclose its financial interests, Consultant shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk's office pursuant to the written instructions provided by the City Clerk ARTICLE 8 — GENERAL CONSIDERATIONS 8 1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-house counsel by a Party 82 Consultant shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement Any assignment or attempted assignment without such prior wi itten consent may, in the sole discretion of City, results in City's Immediate termination of this Agreement 83 Consultant is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor Neither City nor its agents shall have control over the conduct of Consultant or Consultant's employees, except as herein set forth Consultant shall supply all necessary tools and Instrumentalities required to perform the Services Assigned personnel employed by Consultant are for its account only, and in no event shall Consultant or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind City to any obligation 8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) days prior written notice to Consultant of City's intent to terminate If this Agreement is terminated by City, an adjustment to Consultant's compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due Consultant at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Consultant Upon receipt of a termination notice, Consultant shall immediately discontinue its provision of 11cakdjm\Agreemems%LSA Associates Environment Agmt.EA 7 2,doc4 EA 7 2 (4/18) the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Consultant in performing the Services Consultant shall be compensated on a pro -rata basis for Services completed up to the date of termination 85 Consultant shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement Such books shall be available at reasonable times for examination by City at the office of Consultant 86 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Consultant 87 This Agreement shall be governed by and construed in accordance with the laws of the State of California 88 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent ,jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement, CITY OF REDLANDS LSA ASSOC TES, INC 4 N Enrique rtinez, City Ma age Rob McCann, CEO Attest nne Donaldson, City Clerk I.1caWjm\AgreementslLSA Associates Environment Agmt.EA-7 2.doc5 EA 7 2 (411 S) EXHIBIT "A" SCOPE OF SERVICES AND TENTATIVE SCHEDULE I 1caldim\Agreements\LSA Associates Environment Agmt,EA 7 2,doc6 C. APPROACH AND METHODOLOGY LSA understands the City wishes to retain a qualified environmental consultant to prepare an Initial Study for the Park Avenue and Iowa Street Warehouse Project In accordance with the CEPA As Optional Tasks, LSA will peer -review the Traffic Impact Analysis and Air Quailty/Greenhouse Gas/ Health Risk Assessment previously commissioned by the applicant Based on our experience with similar types of projects, we believe project -specific and cumulative impacts can be mitigated to less than significant levels; therefore, a Mitigated Negative Declaration (MND) is the most appropriate CEQA compliance document for this project. As the lead Agency in accordance with CEQA, the City will be ultimately responsible for the contents of the IS/MND. LSA's role is to prepare the environmental documentation for the project under the supervision of the City The IS/MND will provide an objective analysis of the physical impacts that may result from the construction and operation of the proposed project Consistent with the City's obligation under CEQA, LSA will prepare an accurate, comprehensive, and legally defensible environmental document in a timely manner. SCOPE OF WORK LSA proposes the following tasks to complete technical memoranda/studies and an IS/MND for the proposed project If the results of the IS determine that an MND is not the appropriate CEQA document and an Environmental Impact Report is required, LSA will coordinate with the City to adjust the scope of work, budget, and schedule to minimize delay and additional cost In completing the CEQA process for this project Task 1.0. Project Initiation Task I I Project initiotion A project kick-off meeting will be held to ensure an orderly flow of project efforts The meeting will be held with City staff and other project team members as appropriate in order to accomplish the following • Establish a mutual understanding of the CEQA program objectives and key issues, explore community concerns regarding the proposed project, and discuss the City's expectations for the consultant's work effort. • Identify City contacts, neighborhood associations, or service organizations whose input will be vital to the successful completion of the CEQA program • Refine the scope of work to be performed, including related technical memoranda • Define protocols for requesting information of City staff and City team members • Refine the project schedule, establish protocols for product review and coordination with the City, and define project milestones and decision points. • Obtain plans, reports, ordinances, and studies applicable to the project • Obtain the City's malting list for environmental documents �?sfis 1SJn:I urEJ la;ns auy5s'�lur�liaass J. „..v Prior to the kick-off meeting, LSA will Identify its document and information needs to assist the City and the City team members in accumulating the background Information necessary to Initiate the program These needs may include the following * Planning application materials for the proposed project, * Relevant planning and General Plan data and mapping for the site and surrounding area; and ® Recent technical or environmental studies from the surrounding area, LSA will collaborate with City staff and the applicant team members in defining the project description and reviewing the proposed scope of work, LSA will draft a comprehensive project description based on the most recent information provided by City in addition to the project Information provided by the project applicant or other team members The project description will provide a detailed narrative of the proposed project, operational characteristics, and geographical setting as required by CEQA Additionally, ISA will visit the project site to establish an understanding of existing site conditions, the physical setting of the proposed project site, and the relationship between the project site and adjacent land uses Duk 1.1 deliverables: Minutes of the kick-off meeting clarifying the project's objectives and (as applicable) a revised project schedule. The kick-off meeting minutes will be provided to the City In an electronic format for review and approval. Task 12 Project Description A clear understanding of the project is fundamental in the successful completion of the environmental documents Based on information provided by the City and/or applicant team, LSA will review and refine the project description The project description will provide a detailed narrative of the various project components including (but not limited to) proposed structures and features, grading, infrastructure, landscaping, utility features, required City actions, project objectives, and related information LSA will submit the project description to the City for review and approval. As required, LSA will amend the project description to incorporate City review comments Task 12 Deliverables The project description will be provided to the City in electronic format for review and approval Task 2.0: Technical Studies The following applicant -prepared technical studies will be available for review and (as appropriate) incorporation into the CEQA document: • Park Avenue at Iowa Street Project Air Quality, Global Climate Change, and Health Risk Assessment Impact Analysis, Kunzman Associates, Inc., November 22, 2017. • Phase t Environmental Site Assessment SEC Iowa Street & West Park Avenue APN 0292-158-15, Redlands, Son Bernardino County, California, LOR Geotechnical Group, Inc., September 28, 2017. • Phase 11 Environmental Site Assessment 10701-10765 Iowa Street, Redlands, San Bernardino County, California, ROUXAssociates, Inc, November 17, 2017 • Geotechnical Engineering Investigation Proposed industrial Warehouse Development, 10875 Iowa Street, Redlands, California, NorCal Engineering Soils and Geotechnical Consultants, August 11, 2017 • Park Avenue at Iowa Street Project Traffic Impact Analysis, Kunzman Associates, Inc. November 16, 2017 • General Biological Resources Study, ECORP, December 8, 2017 Task 2.1. Peer Review of Technical Studies The Air Quality/GHG/HRA, Traffic Impact Study and Biological Resources Study prepared for the project applicant will be peer-reviewed prior to use as part of the project's compliance with CEPA For these studies, LSA will • Review the project description, project assumptions, and project data to ensure the analysis addresses a project that is substantially consistent with that presented to the City for review; • Review the methodology, approach, and assumptions of each report to ensure that the technical analysis follows the standards and requirements of the appropriate overseeing agency, • Review the project data and site conditions to ensure that the baseline conditions are essentially unchanged since the time the studies were completed and confirm that no change in site conditions is anticipated or updates are required; • Review the findings and conclusions of each report to ensure a sufficient discussion of project - specific impacts and the Identification of mitigation In accordance with CEQA has been provided; • As necessary, contact technical authors and/or City staff to clarify specific analysis acid/or requirements; and • Provide a written summary of project mitigation measures that should be carried forward into the CEQA document 10sk_21 DeliverablesOne copy each (hard copy and electronic) of a memorandum identifying all peer review comments, Including the identification of any additional analysis or information required for CEQA sufficiency. Please Note This scope and cost estimate does not include efforts to update or revise the findings of any previously prepared studies, reports, or investigations All documents to be peer-reviewed will be complete and contain all appendices, figures, tables, supporting documentation, and analyses prior to the commencement of the review Task 2,2: Cultural Resources Assessment LSA will prepare the Cultural Resources Assessment In accordance with the Office of Historic Preservation's Archaeologicai Resource Management Reports (ARMR) Recommended Contents and Format The following tasks will be performed � � htt;s`} f111J�! nn131�.iu��srsa#i' r�fi�:i�s �r� stiff `� Records Search A records search for cultural resources (archaeological and historical) will be conducted at the South Central Coastal Information Center (SCCIC), the State designated repository for records concerning cultural resources in San Bernardino County, located at the California State University, Fullerton The objectives of this research will be to (1) establish the status and extent of previously recorded sites, surveys, and excavations in the project area and (2) note what types of resources might be expected to occur within the proposed project based on the existing data from known cultural resource sites located within a 1 -mile radius Data sources that will be consulted at the SCCIC include archaeological site and isolate records, historic maps, reports from previous studies, and the State Historic Resources Inventory, which contains listings for the National Register of Historic Places, the California Register of Historical Resources, California Historical Landmarks, and California Points of Historical Interest. Field Survey. An archaeological field survey of the project area will be completed to identify evidence of prehistoric (Native American) and historic (non dative American) archaeological materials Any resources identified by the SCCIC will be field checked and existing documentation will be updated on Department of Parks and Recreation (DPR) forms Please be advised that pursuant to LSA's access agreement with the SCCIC (a designated affiliate of the Office of Historic Preservation), LSA Is contractually obligated to record any cultural resources encountered during the survey In the event that any resources are Identified within the project area, LSA will notify the client and additional budget will be requested to document the resource(s) and provide discussion In the report Report A cultural resources report will be prepared by a Secretary of the Interior (501) qualified archaeologist in accordance with the Office of Historic Preservation's Archaeological Resource Management Reports (ARMR): Recommended Contents and Format It will Include sections addressing environmental and cultural background, methods, results, and recommendations In the event of positive results (I e , a cultural resource is identified within the project area), the report will also Include expanded historic and ethnographic contexts, mitigation measures (if requested by the City), and any associated cultural resource site documentation. For purposes of this proposal, LSA stipulates response to one round of minor comments (4 hours or less) from the City If there are positive results, more than one round of comments requiring response, or substantive issues develop necessitating unanticipated effort (e g., protracted coordination or assistance with Native American consultation), a contract amendment and budget modification will be required and a schedule adjustment may also be needed. Task 2 2 Defiverables- A final report will be submitted to the City as an Adobe Acrobat PDF file. As requested, two hard copies of report will also be provided Task 3.0: initial Study Task 3.1. Administrative Draft Initial Study LSA will prepare an IS for the project, identifying the potential effects development and operation of the proposed development will have on the environment As necessary, mitigation will be identified to reduce the impacts of the proposed project to less than significant In addition to the peer- reviewed materials detailed in Task 2 0, ISA will Incorporate other relevant applicant -supplied material including (but not limited to) drainage studies/water quality management plans, architectural renderings/elevations, view simulations, public utility "will -serve" letters, lighting/ photometric analysis, and/or other project -specific studies/material. LSA will review the City General ngywa�pC" yrs' s" -.-y ✓� �,f �qp,.�� 0�7` I � Fair, �l"�ri�enunl i�rrl�srass:�fur�}i1a�a �r� a.� Plan, pertinent environmental data, and other relevant documents to ascertain the existence of and/or extent of potential environmental impacts As stated in the City's IRFP, Native American consultation efforts mandated under Assembly Bill 52 (AB 52) will be conducted by the City As relevant, it is anticipated the City will provide required information related to the results of this consultation for incorporation into the CEQA document LSA will address the following environmental issues presented in the IS/MND as they relate to the proposed project, applicable City standards, and/or the standards of State or federal entities ► Aesthetics ► Agriculture and Forestry ► Air Quality ► Biological Resources ► Cultural Resources ► Geology and Soils ► Greenhouse Gases ► Hazards and Hazardous Materials ► Hydrology and Water Quality ► Land Use and Planning ► Mineral Resources 1 Noise ► Population and Housing ► Public Services Recreation ► Traffic and Circulation ► Tribal Cultural Resources ► Utilities ► Mandatory Findings of Significance LSA will prepare an Administrative Draft IS/MND and Notice of intent (NOI) for review by City staff If required, LSA anticipates a consolidated and non -contradictory set of comments from the City during each round of review As necessary, LSA will make appropriate revisions to the document to address City comments Additional rounds of review may be conducted under an augment to this scope and budget. Per the City's IRFP, completion of the Administrative Draft IS/MND will be within 45 days of receipt of all relevant and required information, including project -specific plans, studies, development applications, revisions to applicant -prepared studies (as necessary based on LSA peer review comments) and related materials Any delay in the receipt of all or part of these required data may necessitate an extension of the estimated completion date This scope and cost estimate anticipates up to two rounds of City review LSA will submit a revised document within 24 days of the receipt of a complete and consolidated set of City comments during each round of review Please Note The peer review of technical studies not specifically identified in this scope and cost estimate will be evaluated by the City far their appropriateness to be used in the CEQA document Task 3.2: Mitigation Monitoring and Reporting Program Following completion of the Administrative Draft IS/MND, LSA will prepare a Mitigation Monitoring and Reporting Program (MMRP) to Implement the mitigation measures outlined in the IS/MND for the proposed project The mitigation measures will be included in a matrix check -off format for ease irT1r+`S�A�lyl1��J Lill IJP �ff441`�I�iiJf9li9:iJ4 �rJ +15! ' in tracking Implementation. The MMRP will be attached to the Draft IS/MND that goes out for public review Task 3 0 Deliverables This scope and budget includes up to one electronic copy and three hard copies for the City during each of the two review cycles Task 4.0: Mitigated Negative Declaration Tusk 4.1. 15/MND Materials Once the Administrative Draft IS has been reviewed and approved by the City (see Task 2 0), LSA will prepare all the necessary forms including the Notice of Intent to adopt an MND for circulating the IS/MND to the public and resource agencies, LSA will use standard forms or those provided by the City, whichever is preferred LSA will prepare the IS/MND for public review within five days of City authorization for public review LSA will process the IS/MND through the State Clearinghouse as required by CE A. While it would be possible to circulate the IS/MND only locally for a period of 20 days, involvement by any State agency In future approvals for the site would be in jeopardy if the IS/MND is not circulated through the State Clearinghouse, therefore, LSA recommends the 30 day review period This scope and cost estimate assumes the City will be responsible for the providing the distribution list of the ISJMND, as well for posting the NOI to adopt the IS/MND in local newspaper(s) and noticing adjacent/nearby property owners LSA will file the necessary notices with the San Bernardino County Clerk and will distribute the IS/ MND to the State Clearinghouse and to the agencies/organizations an the City -provided mailing list via overnight mail To minimize print and distribution costs, to the extent feasible, distribution pursuant to the City's mailing list will consist of CD-ROMs, which include the IS/MND and appendices as PDF files. Mailings to the State Clearinghouse will be via overnight delivery All other mailings will be via certified mail (return receipt). LSA will provide the City evidence of all mailings and posting related to the distribution of the I5/MND Task 41 Deliverables LSA will provide the City with up to 25 hard copies of the IS/MND and NOL The technical appendices will be included only as PRFs on enclosed CD ROMs. An additional 25 copies of the IS/MND, supporting appendices, and MMRP will be provided on CD-ROMs as PDF files. Task 4 2 Response to Comments Upon close of the public review period on the Draft 1S/MND, LSA will prepare responses to public and agency comments received on the Draft IS/MND It is anticipated that the proposed project will elicit minimal controversial and/or detailed comments. For this reason, this scope and cost estimate assumes up to 16 hours of staff time will be required for this task. Work efforts related to this task in excess of the time identified In this scope and cost estimate will be billed on a time/materials basis. E l b 4,601" ir ,t nrz0i�U iu .... As necessary, LSA will respond to the comments received on the Draft 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. As required, the Draft IS/MND will be revised to incorporate relevant comments/data received during the public review period Revisions to the Draft IS/MND will be identified to facilitate subsequent review All comments received on the Draft IS/MND during the public review period, as well as the responses to comments, will be included as an appendix to the Final IS/M ND As required by State law, it will be necessary to distribute the responses to comments directly to each commenting agency 10 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 ) Task 4.2 Dellverabl s. LSA will provide the City with up to 25 hard copies of the Response to Comments attached to the Final 15 Task 4 3. Final !S/MND and Notice of Determination ISA will prepare up to 25 hard copies of the Final IS/MND, responses to comments (if any), MMRP, and supporting documentation. LSA will also provide copies of all the technical studies as appendices on CD ROM with each hard copy. Subsequent to adoption of the IS/MND, LSA will prepare the Notice of Determination (NOD) for submission to the San Bernardino County Clerk of the Board It should be noted that failure to file the NOD within five business days of project approval will substantially increase the period in which the project approval may be legally challenged This scope and cost estimate does not include the payment by ISA of any filing fee Effective January 1, 2018, the California Department of Fish and Wildlife filing fee Is $2,280.75. The County of San Bernardino assesses an additional $50 00 filing fee ISA will file applicant -supplied payment with submittal of the NOD to the County Clerk of the Board. TosU Deliverables LSA will provide the City with up to 25 hard copies of the Final 15/MND. The technical appendices will be included only as PDF files on enclosed CD- ROMs. An additional 25 copies of the IS/MND, supporting appendices, and MMRP will be provided on CD-ROMs as PDF flies. 'ask 5.0. Management and Meetings Task 51 Project Management ISA ensures the smooth functioning of the CEQA process for the project by maintaining open communications with City staff and the applicant team members LSA will maintain a continuous liaison with City staff and applicant team members by identifying and defining key Issues as they arise and coordinating responses acceptable to the City staff. �i�.tr;:;AJsnua seep 7�:hrt3srs� ,�iinr�ll�sua Pr�ja�s Task 5 2; Meetings Project Meeting(s) LSA will attend up to two (2) in-person meetings with City staff and/or the applicant. one kick-off meeting with City staff and the applicant, and one internal meeting with City staff prior to a Planning Commission and/or City Council hearing Planning Commission LSA will attend up to two (2) Planning Commission hearing to consider the environmental document(s) and action on the proposed project If requested, LSA will make presentations explaining the content, findings, and determinations of the document(s), and will respond to relevant comments raised during public hearings City Council LSA will attend one (1) meeting of the City Council to consider approval of the environmental document(s) and action on the proposed project If requested, LSA will make presentations explaining the content, findings, and determinations of the document($), and will respond to relevant comments raised during public hearings Task 5.0 Dellverobles As requested, one electronic copy of notes based on attendance at two In person meetings, two planning Commission public hearings and one City Council meeting related to the project. PROJECT SCHEDULE ISA anticipates providing the City with an administrative draft of the Initial Study, including preparation of the first draft of the indicated technical studies, within five weeks of authorization to proceed This delivery will be dependent upon the timely receipt of all required data and project materials and the adherence to the review times Identified below NOTE. Should the peer reviews} identify issues requiring revision of previously prepared technical studies, LSA must receive any revised technical study prior to the submittal of the Administrative Draft IS/MND to the City. Delays in the receipt of any revised technical study by the applicant/study authors may correspondingly delay completion of the IS/MND work effort. Processing of the I5/MND through the State Clearinghouse will require a minimum of 30 days for public review, plus time to respond to comments and for City staff to prepare a staff report Based on the proposed scope of work, LSA anticipates processing of the IS/MND through adoption (including public review) can be completed approximately 5-6 months after authorization to proceed. LSA will maintain the following project schedule as outlined in the City's RFP 1. Complete the draft initial Study and submit electronically for City's review within 45 days or less from issuance of the Authorization to Proceed 2 After City's review of the administrative draft Initial Study and comments/revisions provided to LSA, LSA will prepare the final draft Initial Study and resubmit electronically to the City for final review within fourteen (14) days. 3. After direction by the City to release the document for public review, LSA will produce and circulate the Initial Study to all identified locoVreglonai/State agencies and Interested Tribal Governments, within five (5) days LSA will use certified mail to document deliveries, and provide the delivery confirmations to the City. if The City will provide the approved mailing list ill LSA will provide 25 printed copies of the Initial Study and 25 Cil -ROMs with technical appendices and technical reports 4 ISA will collate all public comments and comment letters regarding the Initial Study, prepare and/or assist City staff with preparing written Responses to Comments, and submit electronically for City's review within fourteen (14) days after the public review of the Initial Study City staff will receive all comments, and forward to LSA as soon as possible after receipt (generally the same business day) 5 LSA will produce a hard copy Response to Comments document within five (5) days after City's approval of the Responses to Comments 6. LSA will provide twenty-five {25) printed copies of the Response to Comments to the City along with the Final Initial Study fill all -11 ;t`r;•�1l riu urlJif�a61rs 1'91ur iiaasaPra]sa 7 After the decision on the project, LSA will file the required Notice of Determination (NOD) no more than five (5) days from the decision date, and preferably less than five days if possible B. Throughout the project LSA will provide regular progress reports and invoices on a monthly basis. A summary of the proposed schedule is provided below As necessary, a more refined schedule can be provided upon authorization to proceed IM111811in gg !!:Ili g:1111r 0 6 ® • Authorization to Proceed — May 1, 2018 May 1, 2018 Task 10 Riojast Initiatinit,....:...... Kick off Meeting, Site Visit, etc 1 day — Early May Task 2 0 -Technkal Stuall 5, 2.1- Peer Review of ACVGHG, Traffic and Biological report5i 2 weeks NTP + 2 weeks Mid May 2 2. Cultural Resources Assessment 3 weeks NTP + 4 weeks Late May 'aTa�3 0 Admktistraitfve Qroft'15./Mf�t7 ` . , '` 3.1 Administrative Draft Initial Study (first submittal) 5 weeks NTP+ 5 weeks early June City Review 2 weeks HTP +7 weeks mid June Administrative Draft Initial Study (second submittal) lweek NTP +8 weeks IateJune City Review 2 weeks NTP + 10 weeks early July 3 2 Mitigation Monitoring Plan 1 day NTP + 10 weeks early June Task.` 4 0 i5(IV11110 ,. 4 1 IS/MND Materials 1 week NTP+ 11 weeks mid July Start Public Review Period 1 day NTP + 11 weeks mid July End Public Review Period 30 days NTP + 15 weeks mid August 4.2 Response to Comments 1 week NTP + 16 weeks late August 4 3. Final IS/MND 1 day --- City Staff Review 2 weeks NFP + 16 weeks early September LSA Revises Final IS(MND 1 week NTP + 19 weeks mid September .Task30 pkgest,fNena ement(Meetiln 51 Management Ongoing --�— --- 5.2 Meetings Staff coordination meetings (2) As needed — Pianning Commission (2) 1 day each NTP + 21 weeks late September/early October City Council (1) 1 day each NTP + 23 weeks I raid/late October 1 Assumes per review comments are appropriatety and adequately addressed by study authors and requires the prompt ire)submittal of revised studies for Incorporation Into the CECtA document. EA 7 2 (4118) EXHIBIT "Bit PROJECT COSTS AND HOURLY RATES I Ica1d1m1Agreements\LSA Associates Fnvironment Agmt EA 7 2.doc7 �®®��rr�rrrr®��������s�������■�r��sas� ��a --- ��!©!�!!�!!l�ari�iiii�!!!!l��m• ©mom • ��i©O�ii�iii�ii�i!!!!!liii��� o_oo©000i■p■�o�oo�0000000�oo�a0000mm® ��G1t9� ��iii� ��iai�i�w�lil�lo�®�rrmiiiiiiimo�mm�rr� �iii�����!!la��iiim©�m� ��!!!�!!o!!lrrrr�om•mioii�w!!!!©d�rmmrm� ��1����mt�rr�rr���iii�ii�iiii�!ll�r�im��mm� � �i i Os i i� ii i i i i�!!!!i! ii i i 0 m 0� m spm n�ia��iAw��!!!�!!�!!!liiiii�w��aoamm ��!©oi!!�!!l���i�iiiiii!!!l�o��m E� m E� ��iao�ii�iii�ii��al�!!!!!!m•i maom mE�a ��imi�ii�■wi�!!�!!�!!ll��iiiii�oom w���lw�o�!!�!!!�!lm,�iiiiiii��!l�o�r� mE� mEn� • moo©mo�o�oo��=��aQ0000drr��ama�� � �!!!�!! �!!!� ii � ii ii i ii!!! �� � O E� E� � �! ®! �!! �i i i� ii � ii ii!!!!!i �� � ®E� E� � �i �i i i A! i � �!! ii �i �!!!�!! i i� ii �!!!!! �! i ii i ii ii i i!! ii �� �� � � �..� D ■� iSf� �� ��!!! 000■m■ann■�s�000���®��oo�oa�rr�000®�� �!! �!!!� ii �i i ii i ii i!! � � � d S� E� ��i �� m�� mE� m�� m�� m�� �E �� EA 7 2 (4118) EXHIBIT "C" WORKERS' COMPENSATION INSURANCE CERTIFICATION Every employer, except the State, shall secure the payment of compensation in one or more of the following ways, (a) By being insured against liability to pay compensation by one or more Insurers duly authorized to write compensation Insurance in this State (b) By securing from the Director of Industrial Relations, a certificate of consent to self -Insure, either as an Individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -Insure and to pay any compensation that may become due to his or her employees CHECK ONE .X—I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement (Labor Code § 186 1) I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers' compensation laws of California However, at any time, if I employ any person such that I become subject to the workers' compensation laws of California, Immediately I shall provide the City with a certificate of consent to self -Insure, or a certification of workers' compensation insurance. I certify under penalty of perjury under the laws of the State of California that the Information and representations made in this certificate are true and correct LSA ASSOCIATES, INC By — b4 Rob McCann, CEO I-1ca%dim\Agreements\ SA Assoc&ates - Environment Agmt.EA 7 2.doe8 Date- S �3,( I 1 5- BUSINESS TAX CERTIFICATE CITY OF REDLANDS This moo does not pxpW to be evidence of gaWiliicatms. nor does it mdhorve or prohibit a yhing FinanceDopartmont-RsvenueDlYlsIon in connse6on with the cmduct of a lawU business cr ocwpatm in a lawful mamw nor does it 36 calon sovet, suits 196 • P. o. 13e1 3006 regasto the actrodi" n a Held raqulsted by vhs Stela of Cailom a Rodlands CA 52373-1905 Phone (SN) 799.7901 Business Name, Lso Assmstas Inc BUSINESS TAX NUMBER 1013429 Sualneas Location JOS SITE Business Type. 027 REDLANDS CA 92373 Description- Conslt-Environmental Iat Owner Name, Mika Tmtte 2nd Owner Name- Rob McCann EffacUve Oats December 27, 2017 Expiration Date Decarnber 31, 2019 LSA ASSOCIATES INC 20 EXECUTIVE PARK STE 200 IRVINE, CA 92614-6736 THIS MUST BE DISPLAYED IN PLACE OF BUSINESS THIS BOX 18 FOR THE BUSINESS TYPE IMESSACL RnivIctod to Ilcsnw holder only NOT TRANSFERABLE